H2a visa application form Form I-129H2A Edition 10/02/20 . Timeline for Processing H-2A Visa Applications. Customs and Border Protection (CBP) at a U. 4. S Department of State website. 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. 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. May 21, 2024 · By being proactive, thorough, and attentive to detail, you can increase your chances of a successful H2A visa application experience. 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. Department of Labor . You sign the papers and return it to us by the date listed on the forms. Embassy or Consulate. 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. Smaller employers and nonprofits pay $545 to file Form I-129. embassy or consulate. A U. 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. I confirm that I have enough funds for travel to the USA and $205 for my visa application. The application process for the H-2A visa involves several steps that both the employer and the foreign worker need to follow. immigration laws. This program is time-sensitive and involves several steps. Petition for Nonimmigrant Worker: H-2A Classification . . Visa Appointment Service website to passport delivery with approved visa): Approximately 28 days. Print All Pages The process is similar to any non-immigrant work visa for the United States. Department of Homeland Security . Complete a DS-160 visa application form and pay the $190 USD visa application fee. H-2A Visa Application Process 4. There are several requirements of the employer in regard to this visa. 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. 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. Applying For The H2A Visa At An American Consulate. 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. After obtaining DOL certification, employers must submit Form I-129 to the USCIS. You will receive a email containing your login information. Embassy in Lima. Page 1 of 17. 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. Visa Information and Appointment Services website and pay the H2A or H2B visa fee which is $205. An approved petition is required to apply for a work visa. 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. The Form DS-160 must be completed and submitted online prior to your visa interview at a U. We can’t issue a visa or permit longer than 10 years from the last date you gave your biometrics. H-2 visa appointments are made through ais. Steps to acquire an H-2A visa from the Department of State: 1. 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. Each of these visas requires the prospective employer to first file a petition with U. € 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. You can find state job clearance systems based on the Form ETA-790. Embassy or Consulate abroad and then seek admission to the United States with U. 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. foreignlaborcert. Apr 10, 2024 · How to Apply for an H2A Visa. , they will need to pay a $190 visa application fee. 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. 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. 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. 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. cgdev. 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. To file Form I-129, the U. The process begins with the U. U. 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. Please not that note returning it by the due date listed on the forms could delay the employer’s application. We will register you with USA Farm Labor. workers. Once Dec 9, 2024 · 4. IMPORTANT: Employers and authorized preparers must read the general instructions carefully before completing the Forms ETA-9142A and ETA-790/790A. company as the beneficiary of an approved H-2 petition. Online Form DS-160 and the receipt. How do I submit an H-2A application? Employers and their authorized attorneys or agents must submit H-2A applications (i. agricultural employers seeking to hire foreign workers for temporary or seasonal agricultural jobs. 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. IMPORTANT: Employers and authorized preparers must read the general instructions carefully before completing the Form ETA-9142B. Submit your H-2A visa application to the Department of State (DOS) located at your country’s U. That date is 75 days before your start date, which is the earliest possible day to file an H-2A application. Worker’s Application The other step involved in the H2A visa application is to file the petition form 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. Follow these steps when you apply for your visa or permit: Pay the biometrics fee when you apply. 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. 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. START HERE - Type or print in black ink. 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. 2. Create a profile on the Official 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. 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. Nonimmigrant Visa Application: If the worker is outside the U. 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. Department of Labor www. 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. Be identified by a U. employer. The following guide outlines the H-2A visa process, including estimated timelines for each step. doleta. We break it down in simple steps below. 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. be issued an H-2B visa or otherwise granted H-2B status? * § § OMB Approval: 1205-0509 Expiration Date: 05/31/2022. We will send you a Welcome Pack explaining the H2A program and process in more detail. It is important to tell the truth on your application. Dec 4, 2023 · The H-2A visa program is essential for U. For the H2B visa: Form DS-156 and Form DS-157 (if male between 16 and 45 years old). Interview: Schedule and attend a visa interview at the U. It is important to understand the process and fulfil all requirements accurately and on time. to perform agricultural labor or Form I-129 Filing Fee: Employers pay $1,090 to file Form I-129. Consulate General in Johannesburg, Cape Town or Durban. 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. File an H-2A application (Form ETA-9142A) with the DOL’s Chicago National Processing Center. Updated Form I-129 Required in 2025. Step 1: Find a job. , H- 2A Application for Temporary Employment Certification (Form ETA-9142A)) using the state job clearance systems based on the Form ETA-790. Before you can apply for an H2A visa, you have to have a job offer from an employer in the U. 1. PREVIEW. mail to the following address: U. Conduct recruitment for U. Employer’s Application. 1. 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. 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. Temporary seasonal workers need the following documents to apply for a visa: Valid passport. 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. employer will need to pay a $1090 filing fee. 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. 3. Application Process for H-2A Visa. 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. • Only the applicant’s signature can appear on this form. 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. Then create your personalized H-2A visa checklist through our interactive tool. 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. amend&extend. May 31, 2023 · Round 4: H-2A Application Filing and Processing December 30, 2022 Electronic Filing 1. Nonprofits or smaller employers pay $545. Myth: H-2A workers take American jobs. This website allows The H-2A application process starts with employers determining eligibility for temporary or seasonal agricultural work. 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. A copy of the instructions can be found at http://www. Citizenship and Immigration Services. Our team helps businesses comply with U. 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. 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. e. The process typically takes several weeks. This form must be submitted along with the original Temporary Work Certification as the initial evidence of Form I-129. Employers without internet access may send a written request by facsimile to (312) 886-1688 (ATTN: H-2A Amendment Request) or by U. 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. An employer seeking temporary labor certification under the H-2A visa classification must satisfy this regulatory requirement by completing the Form ETA-790/790A. Step 3. 20 CFR 655. Answer all questions fully and accurately. Complete Form DS-160 on the U. • Please include the 797C receipt number on the form. DS-160 Form: Complete the Online Nonimmigrant Visa Application (Form DS-160). usvisa-info. Who May File Form I-129H2A? General. Print Current Page Prints the ETA Form 9142 current Step page in HTML format. Complete the online application form (Form I-129). Click here to fill in the application form. interest. This amount can be paid in cash Yes, you may apply for change of status on H-2A visa. To do so, they must: Submit the H-2A visa application at DOS, located at the US consulate or embassy in their home country. 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. workers locally and file a job order with the State Workforce Agency. If over 10% of nonimmigrants from one country overstay, the entire country can be found ineligible for H-2 visa programs. H-2B Application for Temporary Employment Certification Form ETA-9142B . Put n/a in the beneficiary fields. There is no fee to file a labor certification application. 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. gov/. chicago@dol. Department of State (DOS) at a U. 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). Benefits of an H2A Visa. r U What t. 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. They will also need to fill out an application form and provide any additional documentation required by the Social Security Administration. 2. USCIS Form I-129H2A . 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. 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. com website. Supporting Documents for a H2 Visa Application. 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). Application Instructions for H-2 Visa Applicants Step 1. embassy or consulate in South Africa. 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. 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. Embassy in Tegucigalpa. 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). Visa application. In Honduras, all H-2A and H-2B applications are adjudicated at the U. Costs and travel arrangements: While the U. 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. to perform agricultural labor or services of a temporary or seasonal nature. Citizenship and Immigration Services (USCIS). Documents: Provide required documents, including a valid passport, visa application confirmation page, job offer, and other supporting documents as required. The application process for the H2A visa is pretty straightforward. Apr 3, 2019 · Navigating the H-2A Visa Process: Focused on education and smaller owner-operators, this farmers. 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. employer filing: Form ETA-790/790A (Agricultural Clearance Order) with the State Workforce Agency (SWA). Employers must try to recruit U. 103(b). Next, the foreign workers you intend to hire will submit a visa application with the Department of State and complete a consulate interview. gov, with the words “H-2A Amendment Request” contained in the subject line of the e-mail. S. This form allows foreign workers to get employed in the US-based company. 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.
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