Non-immigrant Work Visas For Skilled Workers

H-2A Visas

Have you tried to find and hire local labor but found that American agriculture workers have dried up? You’re not alone. The H-2A guest worker program is what you need to help keep your farm operations up and going, and to avoid potential losses for the next season. The H-2A Visa program is designed to provide American farmers with a reliable, efficient and legal way to keep up with the demand of farm labor needs with temporary visa workers. Presently, there are a limited number of H-2A visas.

Simple Accordion

After we have spoken with you to determine the most accurate job description for your work, we then will help you with the following steps:
1- Tap the local U.S. market to prove we are not displacing our local job seekers.
2- Pursue certification of the requested visas through the Department of Labor.
3- Get Certified!
4- Petition for the requested visas from United States Citizenship & Immigration.
5- Approval from United States Citizenship & Immigration.
6- You now can bring your guest workers.

The H-2A program is designed to allow agriculture employers wishing to hire foreign agriculture laborers on a temporary or seasonal basis to get workers from outside the United States under the Immigration and Nationality Act as amended by the Immigration Reform and Control Act of 1986. Department of Labor regulations at 20 CFR, Part 655, Subpart B. Temporary means agricultural employment performed for a limited time period of less than one year.

The following specific conditions must be met by an employer who files an application for temporary alien labor certification pursuant to H-2A regulations: Recruitment:The employer must agree to engage in independent positive recruitment of U.S. workers. This means an active effort, including newspaper and radio advertising in the areas of expected labor supply.
Wage Rate: The wage or rate of pay must be the same for U.S. workers and H-2A workers. The hourly rate must also be at least as high as the applicable Adverse Effect Wage Rate, Federal or State minimum wage or the applicable prevailing hourly wage rate, whichever is higher. If the worker is paid on a piece rate basis and the piece rate does not result in an hourly piece rate earning during the period at least equal to the amount the worker would have earned had the worker been paid at the hourly rate, then the worker's pay must be supplemented to the equivalent hourly level.
Housing:The employer must provide free housing to all workers who are not reasonably able to return to their residences the same day. Such housing must be inspected and approved according to standards established by Occupational Safety and Health Administration (OSHA).
Meals:The employer must provide either three meals a day to each worker or furnish free and convenient cooking and kitchen facilities for workers to prepare their own meals. If meals are provided, then the employer may charge each worker a certain amount per day for the three meals.
Transportation:The employer is responsible for the following type of transportation of workers:
(1) After the worker has completed fifty percent of the work contract period, the employer must reimburse the worker the cost of transportation and subsistence from the place of recruitment to the place of work, if such costs were borne by the worker.
(2) The employer must provide free transportation between the employer's housing and the worksite for any worker who is provided housing.
(3) Upon completion of the work contract, the employer must pay reasonable costs of the worker's subsistence and return transportation cost to foreign workers or provide transportation. The employer must advance such costs or provide transportation to U.S. workers as well.
Workers Compensation Insurance:The employer must provide either Workers Compensation Insurance or insurance coverage equivalent to Workers Compensation Insurance, for all workers. Proof of insurance must be provided before certification is granted.
Tools and Supplies:The employer must provide, at no cost to the worker, all tools and supplies necessary to carry out the work unless it is common practice in the area and occupation for the worker to provide certain items. Three-fourths Guarantee:The employer must guarantee to offer each worker employment for at least three-fourths of the workdays in the work contract period and any extensions. If the employer affords less employment, then the employer must pay the amount which the worker would have earned had the worker been employed the guaranteed number of days.
Fifty Percent Rule:The employer must agree to hire any qualified and eligible U.S. worker who applies for a job until fifty percent of the period, or the work contract, has elapsed.
Labor Dispute: The employer must assure that the job opportunity for which H-2A certification is being requested is not vacant because the former occupant is on strike or is being locked out in the course of a labor dispute.

Definition Of Temporary Employment For The H-2B Program

An H-2B temporary nonagricultural worker is an alien who is coming to the U.S. to perform temporary services or labor if qualified U.S. workers capable of performing such services or labor are not available. The employer’s need for the services or labor shall be either:

Seasonal

The employer must establish that the services or labor are traditionally tied to a season of the year by a temporary event or pattern and is of a recurring nature.

Peak Load

The employer must establish that it regularly employs permanent workers to perform the services or labor, and it needs to supplement its permanent staff on a temporary basis due to seasonal or short-term demands with temporary employees who will not become a part of the regular operations.

Intermittent Need:

The employer must establish that it has not employed permanent or full time workers to perform the services or labor, but occasionally or intermittently needs temporary workers for short periods.

One-Time Occurrence:

The employer has not employed workers to perform the services or labor in the past and the employer will not need workers to perform the services or labor in the future.The employer has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.

Definition Of Temporary Employment For The H-2B Program

An H-2B temporary nonagricultural worker is an alien who is coming to the U.S. to perform temporary services or labor if qualified U.S. workers capable of performing such services or labor are not available. The employer’s need for the services or labor shall be either:

Seasonal

The employer must establish that the services or labor are traditionally tied to a season of the year by a temporary event or pattern and is of a recurring nature.

Peak Load

The employer must establish that it regularly employs permanent workers to perform the services or labor, and it needs to supplement its permanent staff on a temporary basis due to seasonal or short-term demands with temporary employees who will not become a part of the regular operations.

Intermittent Need:

The employer must establish that it has not employed permanent or full time workers to perform the services or labor, but occasionally or intermittently needs temporary workers for short periods.

One-Time Occurrence:

The employer has not employed workers to perform the services or labor in the past and the employer will not need workers to perform the services or labor in the future.The employer has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.

Business Sectors using H-2 Visa Program

some of the industries that Utilize H-2 visa programs

Agriculture

Common Trades:
Farmers
Laborers

Construction

Common Trades:
Laborers
Carpenters
Framers

Fishing

Common Trades:
Deckhands
Fisherman
Shrimpers

Hospitality & Food

Common Trades:
Laborers
Kitchen Helpers
Housekeeping

Landscape & Forestry

Common Trades:
Landscape Laborers
Forestry Workers

Transportation

Common Trades:
Truck Drivers
Material Handlers

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Thank you so much for your services. Highly recommended to any business that is still struggling and can’t find blue-collar workers. Terra Labor has helped me find a solution to my workforce needs.

Johnson & Associates Inc.★★★★★

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