An H-2A visa allows non-immigrant foreigners to perform temporary or seasonal work in agricultural jobs. It is the only legal, non-immigrant foreign worker visa program available to agricultural employers. H-2A workers generally return to the same US employer year after year.
An agricultural employer who can demonstrate a shortage of US workers can apply to hire foreign visa workers on a seasonal basis. To participate, employers must partake in a complicated, multi-step process that must be completed in a timely and efficient manner.
There is currently no cap on the number of H-2A visas issued by the US Citizenship and Immigration (USCIS). At this time, Phoenix Labor serves those looking to hire five or more workers through the H-2A program.
- The employer must file an application requesting the hiring of temporary foreign agricultural workers.
- Employers must allow at least 75 days for the certification to be processed.
- Employment must be temporary or seasonal and should not exceed ten months.
- Employers have the burden of proof in showing the need for foreign workers.