What is the H-2A Visa Program?
The H-2A visa program permits U.S. employers or agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. This program is essential for addressing labor shortages in the agricultural sector.
For Farmers: Requirements and Process
Temporary or Seasonal Need:
The agricultural work must be of a temporary or seasonal nature. This means that the employment must be for a defined period, such as during a planting or harvesting season.
Recruitment:
Employers must demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to perform the work. They must also show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Application Process:
- Job Order: Submit a job order to the State Workforce Agency (SWA) serving the area of intended employment.
- ETA Form 9142A: File this form with the Department of Labor (DOL) to request certification.
- Recruitment of U.S. Workers: Conduct a recruitment effort to find U.S. workers, including posting job ads and collaborating with local agencies.
- DOL Certification: Obtain a labor certification from the DOL.
- USCIS Petition: After receiving certification, file Form I-129 with the United States Citizenship and Immigration Services (USCIS).
- Consulate Interview: Prospective workers apply for an H-2A visa at a U.S. consulate.
Housing and Meals:
Provide free housing that meets safety standards and either provide three meals a day or furnish free and convenient cooking facilities.
Transportation:
Reimburse inbound travel costs after 50% of the contract period is completed and pay outbound travel costs upon completion of the contract.
Wages:
Pay the highest of the Adverse Effect Wage Rate (AEWR), the prevailing wage, or the federal or state minimum wage.
For Jobseekers: Requirements and Process
Eligibility:
Must be from a country designated as eligible for the H-2A program. South Africa is currently an eligible country.
Job Offer:
Secure a job offer from a U.S. employer who is certified to hire H-2A workers.
Visa Application:
- DS-160 Form: Complete the Online Nonimmigrant Visa Application (Form DS-160).
- Interview: Schedule and attend a visa interview at the U.S. embassy or consulate in South Africa.
- Documents: Provide required documents, including a valid passport, visa application confirmation page, job offer, and other supporting documents as required.
Medical Examination:
Undergo a medical examination if required by the U.S. embassy or consulate.
Visa Issuance:
If the visa is approved, the jobseeker will receive an H-2A visa stamped in their passport.
Travel to the U.S.:
Travel to the U.S. to begin employment with the sponsoring farmer.
Working Conditions and Rights
Contracts:
All terms and conditions of employment must be specified in a work contract.
Work Hours:
Typically full-time, with possible overtime depending on the nature of the work.
Legal Protections:
H-2A workers are protected by U.S. labor laws, which include the right to fair wages, safe working conditions, and access to worker's compensation insurance.