Eventually, USCIS receives the application for a nonimmigrant worker (Form I-129), you may appeal for a permit. There are numerous phases in the visa application process. The order of these phases and how you complete them may vary at the U.S. Embassy or Consulate where you apply.
H-2A Visa Petitioning Procedure for Employers
Companies who need to recruit overseas workforces for impermanent and seasonal agricultural work have to follow two steps:
- Obtain authorization from the Department of Labor (DOL)
- Apply to USCIS
- Attain DOL essentials
If all of these are permitted from their particular agencies, the claimant or worker can begin the visa request. Else, if the authorization and appeal are rejected, the worker cannot obtain the H-2A permit and will not be permitted to arrive and work in the U.S.
Authorization from DOL: The first stage to receiving approval to recruit H-2A employees for agricultural motive is to obtain permissions from the U.S Department of Labor. This can be completed by filing the ensuing forms:
- Form ETA-790: Agricultural and Food Processing Clearance Order (job offer)
- Form ETA-9142A: Foreign Labor Certification
Form ETA-790 must be submitted to the State Workforce Agency where the job will be achieved 60 to 75 days earlier, and the company wishes the overseas agricultural labours. This form collected with the ETA-9142A must be filed to the Chicago National Processing Center (NPC) about 45 days beforehand there is a necessity for the staffs. These forms are submitted so that the DOL can confirm the motives that the U.S proprietor needs to hire overseas staffs. They desire to identify that the company was incapable of finding workforces from the U.S who could complete the work and that the employees will not influence the salaries of U.S workers. The authorization is administered by the Chicago NPC, and a result is transferred to the company 30 days earlier the workers are required. If the DOL accepts the Temporary Labor Certification, the company can then proceed on to the next phase.
Apply to USCIS: The second stage is to appeal for the U.S government to permit overseas workforces to be employed in a U.S corporation. This is complete by filing Form I-129 to USCIS. The form is presented by the proprietor and a fee if $460 is paid for it. Companies must file Form I-129 for each worker that they aim to recruit. The I-129 is evaluated from USCIS, and a response is returned to the employer. If USCIS approved the petition, they would give a Form I-797 which indicatesthat the employee can start applying for the H-2A visa and is allowed to work in the U.S.
Attain DOL essentials: The Department of Labor has more necessities for companies for them to be permitted to recruit overseas workers. The proprietor has to show the resulting:
- Attempts for recruitment: The proprietor has to prove to the DOL that they made attempts to hire U.S workforces. This can be done by the publicity the job positions in newspapers, television, radio, or other broadcasting. Then they have to demonstrate that they took into attention individually U.S candidate and deliver explanations as to why they were denied.
- Compensate overseas employees’ upright salaries: U.S companies must wage the same salary amount for foreign workers as they would U.S workforces. The remuneration must obey either with the federal or state minimum wage, the Adverse Effect Wage Rate (AEWR), or the usual wage, whichever one is the uppermost. Proprietors are fortified to discuss with the DOL about what remuneration rate to practice.
- Arrange Accommodation: If overseas staffs work in a distant place that is far away from their house, and they cannot go back to it in the same day, the company is accountable to provide them with housing. The accommodation will be checked and should fulfil with the Occupational Safety and Health Administration (OSHA) principles.
- Supply meals: U.S proprietors must either arrange three meals to overseas workers or have cookery services in the workplace where workers can prepare their meals. If companies supply the meals, they are permitted to charge employees for them and minus it from their salary.
- Organize transport: The company must also organize transport facilities to the worker in these instances:
- When fifty percent of the agreement has been done, the U.S proprietor has to refund the transportation expenditures of the worker if they were incurred
- If the company arranges accommodation, they are also accountable to organize transport from the home to the place of work
- If the worker is going back to their place of hiring at the end of the job agreement, the proprietor is also accountable to compensate for the expenses of the transport to go back there. The company may not be liable to pay for such costs if the worker is not going back to the place of hire due to having another work.
- In this situation the company is providing transport facility to overseas workforces, they must also deliver the same settings for U.S workforces too.
H-2A Visa Application Procedure for the Employee
Next, the company has established that they will reach all the required settings to recruit overseas labours and get permissions from DOL and USCIS; the staff can begin their visa application. Visa appeals are completed at the U.S Embassy where the worker is applying from. These are the processes:
- Fill in the DS-160 form website
- Reimburse the visa appeal fee of USD 190
- Schedule a visa interview appointment
- Appear in the interview with these papers:
- Form DS-160 receipt
- Forms I-129 and I-797 to confirm USCIS approval
- Your valid passport
- One photograph which reaches the U.S. Visa Digital Image Requirements
- Papers which verify that you aim to come back to your country after your visa ends such as a deed of an asset, a lease of a flat, or letter from a company who states that they will recruit you when you are coming back.
- Papers for your household members if they are accompanying you
- If your visa appeal is accepted, apply for visa stamping
