What are the requirements?
Offer a job that is of a temporary or seasonal nature.
Demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work.
Show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Generally, submit with the H-2A petition, a single valid temporary labor certification from the U.S. Department of Labor. (A limited exception to this requirement exists in certain “emergent circumstances.” See e.g., 8 CFR 214.2(h)(5)(x) for specific details.)
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H-2a Temporary Agricultural Workers
For more information, contact our immigration lawyers and asylum attorneys.
