North Carolina, Raleigh- The H-2A visa for agricultural workers gives people from other countries the opportunity to perform their tasks in fields in the United States. However, the stay with the H2A visa has a limited duration, and workers cannot stay for an indefinite period of time.
“One of the conditions of employment H-2A is that it is temporary. For this reason, there is always a visa expiration date,” he explained to Enlace Latino NC Aaron Jacobson, immigration lawyer and member of Legal Aid.
How long can a worker stay on an H-2A visa?
U.S. Citizenship and Immigration Services (USCIS) can grant H-2A visas for a maximum period of one year. However, this period of time can be renewed three times in a row without the worker needing to leave the United States.
To obtain renewal, it is necessary to present a new valid Temporary Work Certificate that covers the period for which you are requesting the extension.
That is, an H-2A worker can remain in the country for 3 years in a row as long as there is an employer willing to hire them and request an extension of the term at the end of each year.
How to reacquire the H-2A visa after 3 years?
The fact that an H-2A worker remains in the United States for 3 years in a row does not mean that he or she cannot acquire the visa.
To reapply for the visa after 3 consecutive years of working in the United States, the worker must simply remain outside the country for a minimum of 3 months. At the end of that period, he is eligible again for the H-2A visa.
In effect, any period of more than 3 months outside the United States allows H-2A workers to reapply to acquire the visa and the periods of stay are counted again from zero.
What happens if an H-2A worker stays longer than allowed?
“An H-2A worker has 10 days to leave the United States once their contract or authorization ends,” Jacobson explained.
The lawyer strongly recommends not exceeding the allowed deadlines. Otherwise, the worker may face two types of consequences.
As Jacobson indicates, the most severe is the persecution by Immigration and Customs Enforcement (ICE) officers.
But in addition, if the worker stays longer than the allowed time, he or she may jeopardize his or her eligibility to receive the H-2A visa in subsequent years.
More related information:
➡️ H-2A worker recruiters: how to contact them and what to do to avoid fraud?
➡️ How to obtain an H-2A visa for agricultural workers?
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