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H-2A Visa

What is an H-2A visa?

The H-2A is similar to the H-2B visa except it is for a foreign citizen doing temporary agricultural work that is seasonal in nature.

Who qualifies for an H-2A visa?

The requirements that must be met by the agricultural employer include the following:

  • A US employer must file an application requesting to hire foreign citizens for seasonal, agricultural labor.
  • The entity may be a partnership, corporation, or an individual proprietorship.

The requirements that must be met by the employee include the following:

  • Have a valid job offer from a U.S. employer to work a temporary or seasonal agricultural job.
  • Show evidence of an intent to return to your home country upon completion of the work and the expiration of the visa.

What are the benefits of applying under this visa category?

Some of the benefits of this visa include:

  • Allowing dependents to live in the U.S. with the visa holder.
  • Visa holders are free to travel in and out of the U.S. as needed.
  • The visa is valid for the length of employment but not to exceed a year.
  • The visa may be renewed in one-year increments for an additional two years.

How can an attorney help in this process?

An attorney’s guidance is necessary to process this visa because of the complex compliance and timeline issues. Moreover, even in cases where a petition includes the required documents, papers should be presented in a logical format so that the immigration officer reviewing the case will make a favorable decision.

To discuss if this is the right visa for you and if you can qualify under this category, please feel free to contact us by email or call us at 314-722-5247.

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