North Carolina, Raleigh- Each year more than 250,000 people, most from Mexico, travel to the United States with an H-2A Visa for agricultural workers.
This is a work visa program that allows American employers to temporarily hire foreign workers for the purpose of filling rural or agricultural employment positions.
"The H-2A visa program It is basically a temporary employment program for migrant agricultural workers who spend part of the year in their communities of origin and another part in the United States.” This was what he explained to Enlace Latino NC Benjamin Botts, legal director of the Migrant Rights Center.
According to the specialist, this is an attractive proposal for farmers in eligible countries in Latin America. Many of them are tempted by minimum wages in dollars highest wages paid for agricultural work in the United States.
However, applying for an H-2A visa can be a long and expensive process.
How to get an H-2A visa for migrant agricultural workers? What is the process?
Obtaining an H2A Visa has requirements which we detail below.
What is the hiring process to obtain an H-2A visa?
The application process to obtain an H2-A visa, as explained by Benjamin Botts, must be initiated not by the agricultural worker but by the employer, or by the company that hires in the United States.
An employer, a US agent as described in the regulations, or a US agricultural producer association referred to as a joint employer, must file the Form I-129, Petition for Nonimmigrant Worker in the name of the potential agricultural employee.
“Only once the company obtained approval from the Department of Labor and Citizenship and Immigration Services to hire H-2A workers, interested people can begin their process in their countries of origin,” said the lawyer.
Sponsored by an Employer
To obtain their temporary work visa, workers must be sponsored by an employer in the United States. That is why there are recruiters whose task is to be in charge of convening workers in their communities.
As pointed out by the Migrant Rights Center, some recruiters charge workers a sum of money to access employment.
This is an illegal practice and punishable by law. In some cases, the sums required by recruiters amount to $3,500.
“It is worrying because sometimes they are scammers who charge for jobs that do not exist. Although it is also true that some charge and then comply with what they offered,” Botts explained.
Once the worker has been recruited in their home community, they must submit their H-2A visa application to the Department of State. These are located in the United States Consulates in their countries of origin.
In the case of Mexico they are seven United States Consulates where the temporary work visa can be processed. Those interested must go, or if applicable, travel to those cities to carry out their H2A Visa processing at the consular offices.
Once the visa is acquired, the agricultural worker must apply for admission to the United States. The application is made at the United States Customs and Border Protection office, at a port of entry to the country.
Reimbursement
In all cases, the employer must covers visa processing costs and fees and transfer of workers.
These costs include travel from your home community to the city where the consulate is located.
“This doesn't mean you have to pay up front,” explains Botts, but rather you can reimburse expenses already incurred by the worker later.
How long can you stay in the United States with an H2A Visa
El maximum period of stay in the United States with an H-2A Work Visa it is three years.
As USCIS explains on its website, it can grant H-2A classifications up to the maximum period authorized in the temporary work certification in increments of one year at a time.
If the person has had H-2A Nonimmigrant status for a total of three years you must leave and remain outside the United States for an uninterrupted period of three months before requesting readmission.
Maybe you might be interested in: How do I schedule an appointment at the Mexican Consulate?
Reviewed in September 2023
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Good information. Thank you.
I would like to apply for a legal job in agriculture or various trades.
for me and my husband.
Valuable information This article shows work with respect and value for migrants.
Hello, I have always wanted to find work visas for my brothers, but every time I try we have the misfortune of connecting with scammers, and this has led me to not believe much in these programs although I always hope that one day I will find a real recruiter .
I have come to consider becoming a worker recruiter myself to help my Latino people, so that they can come to this country with all the rights of the law without having to come risking their lives on that dangerous path.
You from Latin liaison know names of reliable recruiters, and another question; Do you know what it takes to be a recruiter?
Good evening Alejandra.
We appreciate you sharing your experience and concerns with us.
I'm sorry to hear that your experience with recruiters was not satisfactory. In that sense, you may find an article published by journalist Nicolás Baintrub useful in which he spoke with a specialist in Immigration Law. The specialist provided alternatives to look for temporary work in the USA without having to go through recruiters. The information can consult it here. Among other information of interest, you will find in the article that there is a page called “Seasonal Jobs" from the United States Department of Labor, which publishes job offers for H2A and H2B visas.
We remain attentive
I have work experience
Hello, I would like to apply for an H-2 visa for my son so I can go to work.
Hello, I'm from in Haiti. I want to work. I want a sponsor for H-2A