The H-2A visa program is essential for U.S. agricultural employers seeking to hire foreign workers for temporary or seasonal agricultural jobs. This program is time-sensitive and involves several steps. The following guide outlines the H-2A visa process, including estimated timelines for each step.
1. Identify the Need for H-2A Workers
Timeline: Variable
The process begins when an agricultural employer identifies a need for temporary agricultural labor. This need might be due to seasonal harvests or other temporary peak labor demands.
2. Obtain a Temporary Labor Certification from the Department of Labor (DOL)
Timeline: 60-75 days before the desired start date of employment
File ETA Form 9142A: The employer files Form ETA-9142A with the DOL. This form must be submitted no fewer than 45 days before the start date of work.
Conduct Recruitment: Following DOL guidelines, employers must recruit U.S. workers for their positions. This recruitment process typically includes advertising the jobs in local newspapers and cooperating with the local State Workforce Agency (SWA).
Prevailing Wage Determination (PWD): Employers must request a PWD from the National Prevailing Wage Center (NPWC) to ensure they pay the appropriate wages to H-2A workers.
3. Submit the H-2A Petition to USCIS
Timeline: Immediately after DOL approval, at least 45 days before the start date of work
After receiving the Labor Certification from the DOL, the employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS. The approved Labor Certification must be included with the petition.
4. USCIS Processes the Petition
Regular Processing Timeline: Approximately 2-3 months
Premium Processing Timeline: 15 calendar days
USCIS’s processing times for H-2A petitions can vary. Employers can opt for premium processing to expedite the review.
5. Worker Applies for the H-2A Visa at a U.S. Embassy or Consulate (If Outside the U.S.)
Timeline: Typically 2-6 weeks
Workers outside the U.S. must apply for the H-2A visa at a U.S. Embassy or Consulate in their home country. This involves filling out the DS-160 form, scheduling an interview, and attending the visa interview.
6. Visa Adjudication by the U.S. Embassy or Consulate
Timeline: Typically 1-2 weeks
The U.S. Embassy or Consulate processes the visa application, which generally takes about one to two weeks after the interview.
7. Worker Travels to the U.S. and Begins Employment
Timeline: According to the dates specified on the H-2A Petition
Upon visa approval, the worker can travel to the U.S. and start employment on the dates specified in the H-2A petition.
8. Extension of Stay (If Necessary)
Timeline: At least 45 days before the expiration of H-2A status
Employers must file a new ETA Form 9142A and a new I-129 petition with USCIS for extensions, ensuring it's done before the worker’s H-2A status expires.
Conclusion
The H-2A visa process involves several detailed steps with specific timelines that employers must adhere to. Starting the process well in advance and staying informed about each stage are crucial for ensuring timely arrival and employment of H-2A workers.
For those seeking to navigate this process - LaborMex works with the best attorneys in the industry to provide valuable assistance, ensuring a smooth and timely journey through each step of the H-2B visa process.