When talking about the H-2A program, this is actually a temporary agricultural program that will allow the agricultural employer in bringing a non-immigrant foreign worker in the U.S in performing agricultural labor or services at times of temporary or seasonal nature.
Seasonal workers are work which is tied to a particular time of year or perhaps on a pattern like short annual growing cycles and will require labor levels on what is normally needed at the time of the year. The temporary employment would be when the employers will have to fill in the position with temporary workers, except for the extraordinary circumstances, and would last for less than a year. The employer also should request for the H-2A certification from the U.S Department of Labor.
The department allows employers to hire an H-2A worker whenever they find that there are not enough qualified U.S workers that are available in performing seasonal agricultural employment to where the non-immigrant foreign workers are requested. Another thing is that the department should be able to determine that when it comes to hiring H-2A workers, this won’t negatively impact wages or perhaps the working conditions for the employed U.S workers.
The H-2A visa will be able to entitle the holder to actually live and to also work in the U.S temporarily. The H-2A visa also is granted for a period of 1 year, but there’s a chance of extension. To be able to qualify in receiving an H-2A temporary work visa, the non-immigrant foreign worker needs to have temporary or perhaps seasonal job offers in agricultural environments and that the employer should show that the job will not be filled by U.S workers.
Another addition is that the applicant needs to have a passport from one of the countries that are being designated by the U.S Secretary of Homeland Security being one that’s eligible for participating in the H-2A programs. The eligible countries of the origin will be reviewed annually. Another thing is that the H-2A visa applicant needs to meet certain requirements.
Rights Under the H-2A Program
The Immigration and Nationality Act or INA will allow employment on the H-2A workers when the employment of the U.S workers will not be impacted. Also, the regulation of the Department of Labor about the H-2A program applies to the employment of the U.S workers through the employer of the H-2A worker on an approved job order.
Such provisions, in fact, would not just help in protecting U.S workers for such jobs as much as with the H-2A visa holders and likewise serve as an incentive. The workers will be able to get the same benefits whether they are from a foreign country or perhaps a residency in the U.S.
The benefit for the U.S farmworker to apply on a job that’s offered under the H-2A program is the thing that the H-2A job offers has higher pay and also gives peace of mind because you get assurance on guarantees and protection is being offered under the job order.