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H-2A visas are visas available to certain agricultural workers who wish to come to the United States to do temporary agricultural jobs. Like other employment-based visas, a U.S. employer or agent must petition for the visas on the worker’s behalf. The basis is the visas are in order to help a US business. In order to allow a worker to qualify for an H-2A visa, the petitioner must show that:
- The position is temporary or seasonal
- There must be an insufficient number of U.S. workers who are capable of filling the position
- The employment of H-2A workers will not adversely affect wages and working conditions of similarly employed U.S. workers
- A valid temporary labor certification exists
The process required to obtain an H-2A visa can be very complicated, and retaining an attorney who thoroughly understands the process can help ensure that your get the visa you need as quickly and smoothly as possible.
How an H-2A Visa Attorney Can Help
In order to obtain an H-2A visa for non-immigrant workers, employers have the burden of proof to show that they are unable to meet their employment needs utilizing the workforce already in the US. In addition, there must have been a good-faith effort to hire United States workers before looking for foreign labor. There are other additional facts that an employer may be required to demonstrate, and the failure to do so may result in the denial of the petition. An experienced H-2A visa attorney can help you ensure that you present your case to immigration in the best light possible. In addition, an attorney can help you:
- Prepare the required documentation
- Represent you in dealing with immigration authorities
- Assist you with an appeal if you have already had an adverse determination
- Advise you on any other immigration matters that may arise
These are just some of the ways in which an attorney could help you obtain H-2A visas for temporary workers. Anyone considering petitioning for and H-2A visa or another employment-based visa for non-immigrant workers should contact an experienced immigration law attorney immediately.
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