H2a visa application form S. Here’s a step-by-step guide: Step 1: Job Offer and Labor Certification A completed job order, Form ETA-790, Agricultural and Food Processing Clearance Order, including all attachments explaining the benefits, wages, and working conditions of the job; A completed H-2A application, Form ETA-9142A, H-2A Application for Temporary Employment Certification, and Appendix A bearing your signature and, if applicable, 2. The prospective employee, for their part, will need to pay a $190 fee for their nonimmigrant visa application if they are living outside the country. Forms I-129 and I-797 to show USCIS approval; Proof of paid visa application fee of H-2A visa applications are only received and processed at the U. S Department of State website. This form applies to a wide range of nonimmigrant visa categories, including H-1B, H-2A, and H-2B, as well as: H-1B1 (Speciality Occupation from Chile or Singapore) h2a. Complete Form DS-160: This is the standard nonimmigrant visa application form that allows you to enter the United States, temporarily, for pleasure or in this case, work purposes. Embassy in Lima. Identify the Need for H-2A WorkersTimeline: VariableThe process begins when an agricultural Beginning in Fiscal Year 2020, the Program Record Layouts associated with each program disclosure file are substantially different from prior fiscal years and include a number of additional data fields extracted based on new visa application forms, appendices, and addenda implemented by OFLC through the new Foreign Labor Application Gateway H-2A Program Overview The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U. Smaller employers and nonprofits pay $545 to file Form I-129. , H- 2A Application for Temporary Employment Certification (Form ETA-9142A)) using the state job clearance systems based on the Form ETA-790. 1. May 31, 2023 · Round 4: H-2A Application Filing and Processing December 30, 2022 Electronic Filing 1. Employment is of a seasonal nature where it is tied to a certain time of year by an event or pattern, such as a C. Our team helps businesses comply with U. employer or the employer's agent may file this form and applicable supplements to classify an alien as a temporary agricultural worker in the H-2A nonimmigrant classification. In Honduras, all H-2A and H-2B applications are adjudicated at the U. to perform agricultural labor or services of a temporary or seasonal nature. 2. It is important to understand the process and fulfil all requirements accurately and on time. Despite the benefits of the H-2A visa program, navigating this process can be complex, so it is important to enlist the help of an immigration attorney. A copy of the instructions can be found at http://www. Nonimmigrant Visa Application: If the worker is outside the U. Page 1 of 17. foreignlaborcert. Application Process for H-2A Visa. Before you can apply for an H2A visa, you have to have a job offer from an employer in the U. As the application form states, this fee is non-refundable regardless of whether a visa is issued or not, since the application was processed to conclusion. U. Print All Pages The process is similar to any non-immigrant work visa for the United States. embassy or consulate in South Africa. This program is time-sensitive and involves several steps. Department of Homeland Security . H-2 visa appointments are made through ais. employer. You can find state job clearance systems based on the Form ETA-790. com website. . We break it down in simple steps below. Follow these steps when you apply for your visa or permit: Pay the biometrics fee when you apply. Costs and travel arrangements: While the U. Print Current Page Prints the ETA Form 9142 current Step page in HTML format. To do so, they must: Submit the H-2A visa application at DOS, located at the US consulate or embassy in their home country. Jan 9, 2023 · In order to apply for a Social Security number, H-2A workers will need to provide evidence of their identity and work authorization, such as their H-2A visa and passport. Visa Appointment Service website to passport delivery with approved visa): Approximately 28 days. Nonprofits or smaller employers pay $545. employer will need to pay a $1090 filing fee. 20 CFR 655. mail to the following address: U. Create a profile on the Official U. When considering the benefits of an H2A visa, one significant advantage is the opportunity it provides for foreign agricultural workers to legally work in the United States. It is important to tell the truth on your application. The application process for the H2A visa is pretty straightforward. emember that you will not be able to file an I‐129 visa petition for H‐2A workers with SCIS until the Chicago NPC grants a temporary labor certification. DS-160 Form: Complete the Online Nonimmigrant Visa Application (Form DS-160). Section 218 of the Immigration and Nationality Act authorizes the lawful admission into the United States of temporary, nonimmigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature. We will send you a Welcome Pack explaining the H2A program and process in more detail. An employer seeking a temporary agricultural labor certification under the H-2A visa classification must satisfy this regulatory requirement by completing the Form ETA-790/790A. Worker’s Application The other step involved in the H2A visa application is to file the petition form with USCIS. File an H-2A application (Form ETA-9142A) with the DOL’s Chicago National Processing Center. employer filing: Form ETA-790/790A (Agricultural Clearance Order) with the State Workforce Agency (SWA). After submitting Form ETA-9142A to the Department of Labor and receiving labor certification, they file Form I-129 with Displays the next online form section in the ETA Form 9142 data entry process sequence. This amount can be paid in cash Yes, you may apply for change of status on H-2A visa. Put n/a in the beneficiary fields. This form must be submitted along with the original Temporary Work Certification as the initial evidence of Form I-129. An employer seeking temporary labor certification under the H-2A visa classification must satisfy this regulatory requirement by completing the Form ETA-790/790A. Who May File Form I-129H2A? General. employers may petition for skilled or unskilled foreign workers The employer must submit the following forms: DOL Form ETA-750A, Application for Alien Labor Certification; DOL Form ETA-790, Agricultural and Food Processing Clearance Order; and; Supporting documentation. That date is 75 days before your start date, which is the earliest possible day to file an H-2A application. Interview: Schedule and attend a visa interview at the U. IMPORTANT: Employers and authorized preparers must read the general instructions carefully before completing the Forms ETA-9142A and ETA-790/790A. The process begins with the U. H-2B Application for Temporary Employment Certification Form ETA-9142B . The process typically takes several weeks. With limited exceptions, the petitioner must submit the original temporary labor certification with Form I-129 (See the Form I-129 instructions for additional filing requirements). The Form DS-160 must be completed and submitted online prior to your visa interview at a U. If over 10% of nonimmigrants from one country overstay, the entire country can be found ineligible for H-2 visa programs. May 21, 2024 · By being proactive, thorough, and attentive to detail, you can increase your chances of a successful H2A visa application experience. The US employer files the petition by filing the application form I-129 to USCIS, and it’s a processing fee of $460 is to be paid by the employer. This form allows foreign workers to get employed in the US-based company. Make sure you review your work contract carefully and check that the offer and the employer Dec 28, 2023 · I understand that any false information on this application may be grounds for immediate termination of your employment contract in the USA and ensure you return to South Africa at your own expense. Answer all questions fully and accurately. cgdev. To file Form I-129, the U. 2. o File A completed ETA Form 9142 Application for Temporary Employment Certification and 4 days ago · After receiving a temporary labor certification for H-2B employment from either DOL or Guam DOL (if applicable), the petitioner must file Form I-129 with USCIS. Your visa application must include the following documents: Nov 18, 2024 · Examples of factors that could result in the exclusion of a country or the removal of a country from the list include fraud, abuse, nonimmigrant visa overstay rates, and other forms of noncompliance with the terms and conditions of the H-2 visa programs by nationals of that country that are contrary to U. They will also need to fill out an application form and provide any additional documentation required by the Social Security Administration. Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. • Please include the 797C receipt number on the form. Embassy or Consulate abroad and then seek admission to the United States with U. This website allows The H-2A application process starts with employers determining eligibility for temporary or seasonal agricultural work. port of entry; or Submit an H-2A Application for Temporary Employment Certification (Form ETA-9142A) and all required documentation with the NPC electronically using the FLAG system, unless a specific exemption applies. gov, with the words “H-2A Amendment Request” contained in the subject line of the e-mail. Documents: Provide required documents, including a valid passport, visa application confirmation page, job offer, and other supporting documents as required. € If a question does not apply to you (for An H-2A visa allows a foreign national worker into the United States for temporary agricultural work. The process of obtaining a temporary labor certification from the OFLC under the H-2A Program involves the following four basic steps: This involves preparing and submitting an agricultural job order (Form ETA-790/790A) to the SWA that serves the state where the actual work will be performed. workers. Jul 24, 2024 · USCIS will send E and L spouses with a Form I-94 issued by USCIS before January 30, 2022 that was notated with E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status and who are employment authorized incident to status a notice regarding the new COA codes that, together with an unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, E-3R, or L-2 Apr 10, 2022 · Once USCIS approves Form I-129, prospective alien workers can apply for the H-2A visa while abroad. The Form ETA 790/790A is designed to (1) facilitate the initial receipt and processing of the job order by the SWA, (2) identify Get the right guidance for your H-2A or H-2B visa application with our experienced immigration lawyers in Houston, TX. doleta. be issued an H-2B visa or otherwise granted H-2B status? * § § OMB Approval: 1205-0509 Expiration Date: 05/31/2022. Myth: H-2A workers take American jobs. embassy or consulate. PREVIEW. We will register you with USA Farm Labor. Subsequently, apply for admission to the US with CBP, or; VISA PROGRAM An Overview of the H-2A Visa for Temporary Agricultural Foreign Labor Workers The H-2A visa is available to employers engaged in agricultural work who cannot find temporary or seasonal help, such as farm workers, ranch hands, irrigators, and orchard workers. amend&extend. Click here to fill in the application form. You sign the papers and return it to us by the date listed on the forms. H-2A Visa Application Process 4. company as the beneficiary of an approved H-2 petition. Department of Labor www. Supporting Documents for a H2 Visa Application. Applicants will need a completed DS-160 visa application form, payment of $190 USD fee, and a valid passport (see above instructions for H-2 visa applicants). What is the processing time for an H-2A worker to obtain a nonimmigrant visa? Expected H-2A Processing Times (from the creation of the account on the U. Steps to acquire an H-2A visa from the Department of State: 1. Dec 4, 2023 · The H-2A visa program is essential for U. interest. Warning When displayed above one of the ETA Form 9142 Step icons, indicates data is missing in one or more required fields for that particular section. IMPORTANT: Employers and authorized preparers must read the general instructions carefully before completing the Form ETA-9142B. Application Instructions for H-2 Visa Applicants Step 1. Be identified by a U. Citizenship and Immigration Services (USCIS). Please not that note returning it by the due date listed on the forms could delay the employer’s application. An approved petition is required to apply for a work visa. Complete Form DS-160 on the U. Employers must try to recruit U. You will receive a email containing your login information. Citizenship and Immigration Services. Embassy or Consulate. Department of State (DOS) at a U. 1. If the application was refused under Section 214(b) and you choose to reapply for a visa in the future, you will again be required to pay the visa application processing fee. Apr 3, 2019 · Navigating the H-2A Visa Process: Focused on education and smaller owner-operators, this farmers. Employer’s Application. Customs and Border Protection (CBP) at a U. Benefits of an H2A Visa. Step 2: Filing Form I-129 Jul 1, 2022 · Like the H-1B visa, the H-2A visa is a nonimmigrant visa, so it is only valid for a short period of time. You will need to move through the following steps to complete the application process: Step 1) Complete Form DS-160: This is the standard non-immigrant visa application form that allows you to enter the United States temporarily for business or pleasure. For Nov 9, 2021 · Examples of factors that could result in the exclusion of a country or the removal of a country from the list include fraud, abuse, denial rates, overstay rates, human trafficking concerns, and other forms of noncompliance with the terms and conditions of the H-2 visa programs by nationals of that country that are contrary to U. The foreign workers you intend to hire must have a valid passport and must apply for their H-2A visa with the Department of State by completing the Online Nonimmigrant Visa Application Sep 4, 2021 · Consular Officers, which are employees of the Department of State that assess visa applications, will use information gathered from an online form and interview to determine the worker’s eligibility for an H-2A visa. Step 3. Online Form DS-160 and the receipt. Visa Information and Appointment Services website and pay the H2A or H2B visa fee which is $205. Step 1: Find a job. Employers without internet access may send a written request by facsimile to (312) 886-1688 (ATTN: H-2A Amendment Request) or by U. There is no fee to file a labor certification application. Form ETA-790, identifying yourself as an employer who will be requesting H-2A visas in the future; Form ETA 9142, which is your Application for Temporary Employment Certification; Your recruitment report, stating your efforts to recruit domestic workers; Form I-129, the application for a petition for a nonimmigrant worker Any previous visa overstays may result in a rejected application. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U. USCIS Form I-129H2A . 3. To apply for the H2A visa for foreign worker, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). 4. If you want a visa or permit for a longer period of time, you can choose to give your biometrics again when you apply, even if they’re still valid. e. org/smartrelief Page 1 of 2 H-2A Program for Temporary Agricultural Workers What is the H-2A visa? The H-2A visa is a nonimmigrant visa program that allows • The person who has signed the I-129 application must complete the applicant fields on the privacy release. For the H2B visa: Form DS-156 and Form DS-157 (if male between 16 and 45 years old). Once Dec 9, 2024 · 4. gov H-2A Phase I release includes an H-2A Visa Program page and interactive checklist tool, with application requirements, fees, forms, and a timeline built around a farmer’s hiring needs. Embassy in Tegucigalpa. Department of Labor . to perform agricultural labor or Form I-129 Filing Fee: Employers pay $1,090 to file Form I-129. After obtaining DOL certification, employers must submit Form I-129 to the USCIS. Complete the online application form (Form I-129). The application process for the H-2A visa involves several steps that both the employer and the foreign worker need to follow. usvisa-info. How do I submit an H-2A application? Employers and their authorized attorneys or agents must submit H-2A applications (i. Complete a DS-160 visa application form and pay the $190 USD visa application fee. The following guide outlines the H-2A visa process, including estimated timelines for each step. The Center will review your application, let you know if additional information is needed and notify you with an additional instructions needed to complete the certification. with H-2A visa not earlier than 10 days before work starts - Wait up to 6 hours at a land port or fly to an airport STEP 6 Filing an H-2A visa application - Worker must file a DS-160 - Pay $190 20 CFR 655. workers locally and file a job order with the State Workforce Agency. gov/. A U. Form I-129H2A Edition 10/02/20 . Apr 10, 2024 · How to Apply for an H2A Visa. We can’t issue a visa or permit longer than 10 years from the last date you gave your biometrics. Visa application. I confirm that I have enough funds for travel to the USA and $205 for my visa application. There are several requirements of the employer in regard to this visa. agricultural employers seeking to hire foreign workers for temporary or seasonal agricultural jobs. , they will need to pay a $190 visa application fee. Next, the foreign workers you intend to hire will submit a visa application with the Department of State and complete a consulate interview. To align with these changes, DHS is rolling out a new edition of Form I-129, Petition for a Nonimmigrant Worker, effective January 17, 2025. 103(b). 131(b) has committed a violation, either one or all of the employers named in the Application for Temporary Employment Certification can be found responsible for remedying the violation(s) and for attendant penalties. If you are changing the job or employer (like H-2A to H-2B), have your new employer file Form I-129, Petition for Nonimmigrant Worker, at the USCIS Regional Service Center with jurisdiction over your residence. r U What t. Then create your personalized H-2A visa checklist through our interactive tool. Petition for Nonimmigrant Worker: H-2A Classification . Conduct recruitment for U. Each of these visas requires the prospective employer to first file a petition with U. Learn about the basic steps for hiring new workers through the H-2A visa program and for extending the employment contract for current H-2A workers. START HERE - Type or print in black ink. immigration laws. Temporary seasonal workers need the following documents to apply for a visa: Valid passport. Submit your H-2A visa application to the Department of State (DOS) located at your country’s U. January 2024 Navigating the H2A Application Process | 5 Oct 12, 2022 · Thus, if the Department determines any employer named in the Application for Temporary Employment Certification under § 655. Consulate General in Johannesburg, Cape Town or Durban. Violation for laying off or displacing any US worker employed in work or activities that are encompassed by the approved Application for Temporary Employment Certification for H-2A workers in the area of intended employment either within 60 days preceding the date of need or during the validity period of the job order, including any approved Nov 15, 2024 · Overstaying a visa is rare – less than 2% of all nonimmigrant visa holders, of which there are over 80 programs, stay longer than the length of their visa. In order to apply for an H-2A or H-2B visa, you must be the beneficiary of an approved petition filed by a U. chicago@dol. Nov 18, 2024 · After USCIS approves Form I-129, prospective H-2A workers who are outside the United States must: Apply for an H-2A visa with the U. • Only the applicant’s signature can appear on this form. Applying For The H2A Visa At An American Consulate. Updated Form I-129 Required in 2025. Timeline for Processing H-2A Visa Applications. employer is responsible for many of the costs related to the H-2A visa, many applicants may not have the funds to pay visa application fees or the cost of transportation to and from the U. ctjp hetb qymj cdinirji wuien pch xjdxi wsgsay vxtdyr chjcctcs