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Temporary Worker Visas

H visas are part of a group of visas for workers within the group of foreigners considered nonimmigrants.

 

An employer in the United States must file a petition on behalf of a foreign worker for the purpose of temporary work.

 

The foreign worker must prove that they are a nonimmigrant for visa purposes.

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H-1B VISA

Normally this visa is granted to people who are holders of a university or postgraduate diploma.

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H-2A VISA

This visa can be granted to workers with or without experience to carry out agricultural work. However, the employer of the foreign worker must have authorization from the Department of Labor (DOL) previously.

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H-2B VISA

The H-2B visa allows non-agricultural employers to hire temporary workers for one-time, seasonal, peak load, or intermittent need jobs. Employers must follow a labor certification process.

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Requirements

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for aAmerican employer qualify as an H-2A visa petitioner and petition for a foreign worker, you must meet the following:

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  • Offer a job of a seasonal or temporary nature;

  • Show that hiring the foreign worker will not affect the working conditions or wages of US workers in similar jobs; 

  • Demonstrate that there are not enough United States workers available, qualified, able, or willing to perform the temporary work;

  • Submit a single DOL-approved temporary labor certification along with the H-2A visa application 

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On the other hand, theforeign worker must meet the following requirements:

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  • Have received a job offer from the US employer for temporary farm work;

  • Intend to leave the US and return to your home country once the visa expires. 

  • Be a citizen of one of the designated countries by the secretary of the Department of Homeland Security.

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Steps to apply for the visa:

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  1. The employer must file an application for temporary labor certification with DOL.

  2. After receiving the certification, the US employer must submit the Form I-129, nonimmigrant worker petition to USCIS.

  3. Once USCIS approves the I-129 form, prospective foreign workers can apply for the H-2A visa while outside the US.

  4. To do this, they must:

    1. Submit the H-2A visa application at the US consulate or embassy in your home country. Subsequently, apply for admission to the US with CBP, or;

    2. Apply for admission to the US under the H-2A category directly with CBP at the US port of entry, if an H-2A visa is not required in your case.

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Alien Worker Application Process
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The foreign worker must apply for the H-2A visa through the following steps:

  1. Complete the Form DS-160.

  2. Upload a photo following the photo requirements.

  3. Pay the application fee.

  4. Schedule the interview with the US embassy or consulate.

  5. Prepare your documents to present at the interview.

  6. Attend the interview.

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Required documents
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The foreign worker must have the following documents to apply for the H-2A visa:

  • Valid passport with at least 6 months validity;

  • Printed DS-160 Form Confirmation Page;

  • Receipt of form DS-160;

  • Form I-129 and Form I-797;

  • Photograph that meets the visa requirements;

  • Some proof that you will return to your home country after the end of your period of employment

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H-2A Visa Period of Stay
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  • The H-2A classification can be extended in increments of one year at a time. Requests for extension of stay must be submitted along with a new temporary work certificate that covers the period for which the extension is requested. 

  • The maximum period of stay in the US with the H-2A visa is 3 years. Individuals who have had H-2A status for 3 years must leave the US and remain outside for an uninterrupted period of 3 months before applying for readmission under this category. 

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Can I Become A Resident With The H-2A Visa?
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It is not possible to obtain the Green Card of residence through the H-2A visa since it is a temporary visa.

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Our service:

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  • Complete all relevant forms and send them to him for his signature.

  • Gather the necessary supporting documents.

  • Submitting your application package.

  • Application filing fees charged by the government are not included in the price

plan (That only covers our work preparing forms).

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  • 🖊 📋 After making the first payment, we will email you a

Authorization / contract that you can sign electronically.

 

  • We will then email you a link to our form to

collect the necessary information to start your Process

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