H-2A Visa for Seasonal Agricultural Workers
The H-2A category is used for applicants who are coming to the United States to perform a job which is temporary or seasonal in nature and for which there is a shortage of U.S. workers. H-2A refers to temporary or seasonal agricultural workers.
An H - 2A petitioner must establish that each beneficiary will be employed in accordance with the terms and conditions of the certification, which includes that the principal duties to be performed are those on the certification, with other duties minor and incidental.
An H - 2A petitioner must establish that the employment proposed in the certification is of a temporary or seasonal nature. Employment is of a seasonal nature where it is tied to a certain time of year by an event or pattern, such as a short annual growing cycle or a specific aspect of a longer cycle, and requires labor levels far above those necessary for ongoing operations. Employment is of a temporary nature where the employer's need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than one year.
An H - 2A petitioner must show that the proposed employment qualifies as a basis for H - 2A status, and that any named beneficiary qualifies for that employment. A petition will be automatically denied if filed without the certification evidence required.
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