H-2A (Agriculture Worker)

Nov 30, 2019
Non-Immigrant Visa

Introduction

Welcome to The Deng Law Firm, your trusted partner in navigating the complex world of immigration law. In this section, we will provide comprehensive information on H-2A visas, specifically designed for agricultural workers. Our team of experienced immigration attorneys is here to guide you through the visa application process with expertise and efficiency.

What are H-2A Visas?

The H-2A visa program allows U.S. employers or U.S. agents who meet specific requirements to bring foreign agricultural workers to the United States temporarily. It was established to address the labor shortage in the agriculture industry and ensure that employers have access to a reliable workforce for seasonal or temporary agricultural work.

At The Deng Law Firm, we understand the unique challenges that employers face when it comes to hiring agricultural workers. Our expertise in immigration law and years of experience in handling H-2A visa cases make us the ideal partner to assist you in obtaining H-2A visas for your farm or agricultural business.

Qualifications and Requirements

In order to qualify for an H-2A visa, both the employer and the prospective employee must meet certain requirements:

Employer Qualifications:

  • The employer must have a valid job offer for temporary or seasonal agricultural work.
  • The employer must demonstrate that there are not enough U.S. workers available to perform the required work.
  • The employer must show that the employment of foreign workers will not adversely affect the wages and working conditions of U.S. workers in the same occupation.

Employee Qualifications:

  • The employee must have a valid passport from an eligible country.
  • The employee must be offered a job by a U.S. employer who has obtained a temporary labor certification from the Department of Labor.
  • The employee must demonstrate the intent to return to their home country after the temporary work period ends.

Our team at The Deng Law Firm specializes in the intricacies of the H-2A visa program and can assist both employers and prospective employees in meeting these requirements and navigating the application process smoothly.

The Application Process

The H-2A visa application process involves several steps, and it is crucial to ensure that each step is completed accurately and in a timely manner. Our immigration attorneys have a deep understanding of the process and can guide you through each stage with precision and expertise.

Here is a brief overview of the H-2A visa application process:

1. Labor Certification:

Before filing for an H-2A visa, the employer must obtain a temporary labor certification from the Department of Labor (DOL). This certification serves as proof that there are not enough qualified U.S. workers available to fill the needed positions.

2. USCIS Petition:

Once the labor certification is approved, the employer must file a Form I-129, Petition for Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition must include all necessary supporting documentation, such as job offer letters, contracts, and proof of the employer's ability to pay the designated wage.

3. Consular Processing:

After the USCIS petition is approved, the prospective employee must apply for an H-2A visa at the U.S. Embassy or Consulate in their home country. This involves submitting the necessary forms, attending an interview, and providing supporting documents to establish eligibility.

4. Port of Entry:

Once the H-2A visa is granted, the employee can travel to the United States and present their visa and supporting documents at the designated Port of Entry. The immigration officer at the port will make the final decision on the employee's entry and issue an Arrival/Departure Record (Form I-94) with the authorized period of stay.

Why Choose The Deng Law Firm?

When it comes to obtaining H-2A visas for agricultural workers, choosing the right immigration law firm is essential. At The Deng Law Firm, we offer a range of benefits and advantages that set us apart from our competitors:

1. Specialization in Immigration Law:

Our firm focuses solely on immigration law, meaning we have in-depth knowledge and expertise in this complex area of law. We stay updated on the latest immigration policies and regulations to provide our clients with the most accurate and effective counsel.

2. Experience and Track Record:

With years of experience handling H-2A visa cases, we have successfully helped numerous employers and agricultural workers achieve their immigration goals. Our track record speaks for itself, demonstrating our commitment to excellence and client satisfaction.

3. Personalized Approach:

At The Deng Law Firm, we believe in providing personalized attention to each client. We understand that every case is unique, and we tailor our strategies to meet your specific needs and circumstances. Our team will work closely with you to ensure the best possible outcome for your H-2A visa application.

Contact Us Today

If you are seeking reliable guidance and assistance in obtaining H-2A visas for agricultural workers, look no further than The Deng Law Firm. Our team of dedicated immigration attorneys is ready to help you navigate the complexities of the H-2A visa application process with ease and confidence. Contact us today to schedule a detailed consultation and take the first step towards achieving your immigration goals.

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