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H-2A visa

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This is an old revision of this page, as edited by Great Stone Face (talk | contribs) at 20:37, 16 August 2007 (Corrected reference to adverse effect wage rate (AEWR); added reference and links to Employment and Training Administration.). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

An H-2A visa allows a foreign national entry into the U.S. for temporary or seasonal agricultural work. There are several requirements of the employer in regards to this visa. First, they must pay the AEWR, or an adverse effect wage rate that is determined by surveys of agricultural employers. This serve to prevent the depression of wages for US workers in the same field. Each state has its own AEWR. Housing must also be provided and approved by a state workforce agency as well as the local health department. Also, workers are guaranteed 3/4 of the work in the contract period of employment. Also, the employer must pay for housing.

The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Before the U.S. Citizenship and Immigration Services (USCIS) can approve an employer's petition for such workers, the employer must file an application with the U.S. Department of Labor stating that there are not sufficient workers who are able, willing, qualified, and available, and that the employment of aliens will not adversely affect the wages and working conditions of similarly employed U.S. workers. The statute and Departmental regulations provide for numerous worker protections and employer requirements with respect to wages and working conditions that do not apply to nonagricultural programs. The Department's Employment and Training Administration (ETA) administers the labor certification program, while the Wage and Hour Division, Employment Standards Administration (ESA) has responsibility for enforcing provisions of worker contracts.

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