DC H-2A Visa Lawyer

Hiring employees to work under in the U.S. on H-2A visas is a complex, multi-step process. Our DC H-2 visa lawyers can provide you with guidance on how to correctly and efficiently complete each step. Our DC H-2A visa attorneys have experience in dealing with this unique set of visa requirements and can help you apply to secure your H-2A employees.

How Can Our Immigration Attorneys Help?

Our DC H-2A visa lawyers work with both employers and employees in completing the necessary paperwork. We walk clients through each step of the process and make sure employers have fulfilled all the requirements, including applying for the requisite certification. We also assist clients with completing the petition form and properly submitting all the necessary information. We ensure that employees being sought are those from approved nations, and, if not, in some cases we can assist employers with filing an application for an exception.

H-2A Visa Requirements

H-2A visas are processed and adjudicated by the U.S. Citizenship and Immigration Services (USCIS). An H-2A visa allows agricultural employers in the U.S. to hire foreign nationals to work temporarily. To be eligible, the employer must:

• Be extending an offer of employment that is temporary or seasonal;
• Prove that there are not enough able and willing workers in the U.S. to perform the work;
• Demonstrate to USCIS that hiring foreign nationals will not have a negative effect on the wages or conditions of U.S. workers in similar employment; and
• Provide a labor certification from the Department of Labor (DOL).

The Department of Homeland Security (DHS) restricts availability of H-2A visas to citizens of only certain countries, so it is important to determine whether the prospective employee is from a country approved by DHS.

H-2A visas are valid for the length of time specified in the temporary labor certification and can be extended in one year increments, not to exceed three years total. Individuals holding H-2A visas may petition for their spouse and unmarried children under the age of 21 to be admitted to the U.S. during the time that the visa is valid; however, family members are not eligible for employment authorization while in the U.S.

How to Apply

The employer must first apply for a temporary labor certification from the DOL. Once that is granted, the employer must complete the Form I-129 and submit the completed form with proof of the temporary labor certification to the appropriate USCIS office. After USCIS has approved the employer’s H-2A petition, the employee must then apply for a visa from the U.S. Department of State.

How an H-2A Visa Lawyer Can Help You

Temporary immigrant workers can be necessary for the success of agricultural employers in the U.S., and the H-2A visa allows them to fulfill their seasonal employment needs. While the process of securing this sort of visa can seem overwhelming, our DC H-2A visa attorneys understand the requirements and the petition process and can provide you with the guidance you need. We will assist you from start to finish and ensure that all steps are completed properly. We even offer an initial consultation. Call us today.