Messersmith Law Firm

H2A Visa

H2A Visa Details

The H2A visa is designated for individuals who will be employed as seasonal farm workers temporarily. The H2A visa may be issued for a period up to one year and may be extended for a three year total duration. There is no numerical limit to the number of H2A visas issued. A single petition may be used to sponsor a large number of H2A visas if:

  • they will perform the same services;
  • they will work at the same location; and
  • they obtain their visa stamp through the same US Consulate.

Spouses and children of H2A visa holders may enter and remain in the US in H4 status. H4 visa holders may attend school in the US but cannot accept employment.

For whom is a H2A Visa appropriate?

Foreign agricultural workers who will work for US companies to provide labor or services of a temporary or seasonal nature.

H2A visas are limited to nationals of the following countries unless the H2A petitioner can show it is in the US interest for the H2A applicant to be issued the visa.

Argentina

Australia

Belize

Bulgaria

Canada

Chile

Costa Rica

Croatia

Dominican Republic

Ecuador

El Salvador

Ethiopia

Guatemala

Honduras

Indonesia

Ireland

Jamaica

Japan

Lithuania

Mexico

Moldova

The Netherlands

New Zealand

Nicaragua

Norway

Peru

Philippines

Poland

Romania

Serbia

Slovakia

South Africa

South Korea

Turkey

Ukraine

United Kingdom

Uruguay

What are the requirements for obtaining an H2A Visa?

An H2A petitioner must establish that the employment proposed in the certification is of a temporary or seasonal nature. Employment is of a seasonal nature where it is tied to a certain time of year by an event or pattern, such as a short annual growing cycle or a specific aspect of a longer cycle, and requires labor levels far above those necessary for ongoing operations. Employment is of a temporary nature where the employer's need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than one year.

Does The Messersmith Law Firm handle these types of cases?

Yes, we take all types of immigration cases and represent clients worldwide. Here is a short sample of our recently approved petitions.

Latest News About H2A Visa

December 12, 2008 USCIS Q & A Regarding New H-2A Visa Final Rule

December 12, 2008 USCIS New Final H-2A Visa Final Rule Slides

December 11, 2008 USCIS Announces New Final H-2A Visa Procedures

March 28, 2008 USCIS Extends Comment Period for Proposed H-2A Visa Changes

February 13, 2008 USCIS Proposes Changes to H-2A Visa Program

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