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H-2A Agriculture Worker Visa

The H-2A Visa allows foreign workers entry to the U.S. to work in agriculture. The H-2A visa is not self-petitioned. Employers must apply on behalf of their employees. The employer can be self-employed, a partnership, corporation or agricultural association. An agent may also apply on behalf of the employer.

Workers’ spouses and unmarried children under the age of 21 are allowed to join them in the U.S. under H-4 status. Dependents are not permitted to work, unless they personally qualify for a work visa.

The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state’s employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers.

 

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