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San Antonio H2A Visa Lawyer

What is the H2A Visa?

H2A Visa for Seasonal Agricultural Foreign Workers

The H2A Visa is a work visa issued by the United States to foreign workers in seasonal, as opposed to year-round, agricultural jobs. The H2A employer must be able to prove that its labor needs are seasonal or temporary, which means that the labor need should be for less than 12 months. Employers with continuous or ongoing labor needs are not eligible to hire H2A workers. H-2A employers are required to provide free housing and meals to workers with H2A work visas. This visa is only available to citizens of countries which have been designated as H2A eligible countries. For more information on the H2A work visa, call our office to schedule a consultation with one of our immigration lawyers.

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    San Antonio H2A Visa Attorney

    These are the main benefits that H2A workers receive.

    1. Live in the USA: With the H2A Visa, you and your immediate family will be able to legally live in the USA. Immediate family includes your spouse and your unmarried children under the age of 21.

    2. Work in the USA: You will be authorized to legally work in the USA.

    3. Public Education: Your children will have access to schools in the USA and will be able to attend classes from Pre-K to high school.

    4. Social Security Number & Driver’s License: H2A workers are eligible to obtain a Social Security Number and a US Driver’s License.

    To qualify for the H2A, both the employer and the employee must meet certain main requirements. The employer must be able to prove a seasonal need for H2A workers. Often historical payroll records are used to prove increased seasonal need for labor. The employer must also agree to provide free meals and free housing to workers, as well as to pay for the workers’ transportation costs in and out of the United States. On the other hand, the worker must have a job offer from an H2A employer for seasonal agricultural employment. Additionally, the worker must be a citizen of an approved country. This H2A country list is subject to annual changes. Call our Immigration Attorney to request an updated H2A country list.

    Before a worker can apply for an H2A visa, the employer must be approved to be an H2A employer. To do this, the employer must file a Labor Certification application with the US Department of Labor. The Labor Certification can be approved if the employer can show that there is a shortage of US workers available for the agricultural jobs. Once the employer is certified as eligible to hire H2A workers by the US Department of Labor, then applications for H2A status for the workers are submitted first with USCIS and then with the US Consulate outside the US where the H2A workers live.

    The H2A can be issued for a period of up to 364 days. The duration of an H2A depends on the approved period of employment on the Labor Certification. For example, if the Labor Certification was approved for 200 days, the visa will be issued for 200 days.

    You may extend the H2A visa for a total of up to 3 years. Extensions are issued in 1 year increments. For an extension to be approved, the H2A employer must prove that it still has a seasonal need for labor.

    1. Will I be able to travel in and out of the US with the H2A visa?

    Yes, the is no limit to the number of times you can travel in and out of the USA.

    2. Can I bring my dependents with me to the US with the H2A visa?

    Yes, the dependents of an H2A worker get an H4 visa. However, most employers only provide free housing to the H2A worker, so opportunity to bring dependents to the US is not common.

    For more information Contact Our San Antonio H2A Visa Lawyer

    To set up a consultation with Immigration Lawyer Gerardo Menchaca to discuss the time, costs and other requirements associated with applying for the H2A work visa, please call (210) 858-9681.

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