H-2A Visa | Agricultural Workers

Serving San Antonio, Austin and McAllen, Texas

What is an H-2A Visa?

H-2A visas provide “temporary, seasonal” agricultural workers with a legal means of entry into the United States. Workers who hold these visas may remain in the country for up to 365 days. In order to obtain an H-2A visa, a prospective agricultural worker must furnish a standing job offer from a qualifying American employer. In turn, this employer must adhere to several stringent requirements. Crucially, the sponsoring firm must show that it is unable to find qualified American workers to perform the agricultural tasks described by the H-2A visa. A H-2A visa lawyer can help you obtain this type of credential. Contact the Gutierrez Law Firm today.

Benefits/Uses

Despite its short term of applicability and the limitations that it places on work activities, the H-2A visa is relatively flexible. Its benefits include:

• Entry clearances for qualifying spouses and dependent children of visa holders
• Unrestricted ingress and egress into the U.S. during the visa’s effective term
• Visa holders are entitled to prevailing wages, employment standards and worker’s compensation
• Visas may be extended indefinitely in certain situations
• Visa holders are entitled to certain housing and education benefits, including free public education for dependent children

Requirements/Qualifications

Prospective H-2A visa holders and their employers must adhere to certain requirements during the application and certification process. Failure to do so could result in the delay or denial of an application. These requirements include:

• Demonstration of the employer’s good-faith effort to hire American workers before seeking foreign nationals
• Demonstration of a serious labor shortage in the employer’s sub-field and geographical area
• Certification of visa holder’s intent to return to his or her home country after the expiration date

If all of these criteria are not met, it may be difficult or impossible for a qualified foreign national to obtain an H-2A visa. For a thorough explanation of the requirements for this type of visa, consult with a H-2A visa lawyer.

Limitations/Drawbacks

There are several key limitations to the H-2A visa’s applicability and flexibility. These include:

• No work authorizations for visa holders’ dependents or relatives
• Mandatory 45-day waiting period between application and issuance
• Material changes in the availability of U.S. citizens for agricultural positions may result in the denial of an application for extension

How We Can Help

The H-2A attorneys at the Gutierrez Law Firm are committed to helping clients from all walks of life enter the United States in a legal manner and enjoy productive periods of employment.

To learn more about the process of applying for an H-2A visa, contact our professional H-2A visa attorneys at 210.225.7114.