H2A Category-Specialty Occupation of USA Visa, An Indian citizen who wishes to perform temporary or seasonal work agricultural work in the United States

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Home >>Visa Information >> H2A Category-Specialty Occupation of USA Visa

H-2A Category

Category	Form	Fee	Validity
H-2A Specialty Occupation	DS-156 DS-157 I-129	Refer to visa fee earlier	1 year

An Indian citizen who wishes to perform temporary or seasonal work agricultural work in the United States can be given H-2A nonimmigrant status.

Filing a petition

The H-2A petition may be filed by either the employer listed on the certification, the employer's agent, or the association of United States agricultural producers named as a joint employer on the certification using form I-129.

The total number of candidates of the petition(s) supported by one labour certification cannot exceed the number of workers mentioned in that certification. All candidates indicated in a single petition will receive a visa at the same consulate or can apply for admission at the same port of entry without any visa

The employer must prove that the proposed offer qualifies as a basis for H - 2A status, and that the candidate mentioned in that petition qualifies for that employment. Petitions with a labour certification automatically gets denied if filed without the certification evidence and such certification indicate all candidate's name mentioned in the petition.

In case the certification is for more than one employer then each employer must enclose a document showing that the employer had agreed to the H-2A eligibility conditions.

An H-2A petitioner in the U.S. must establish that the employment proposed is of a temporary or seasonal nature, and the employer' s need to fill the position with a temporary worker will, (except in extraordinary circumstances) last no longer than one year.

Qualifications of the Indian Candidate

The employer in the US must prove that the candidate meets with the minimum requirements and the candidate was fully able to perform such jobs when the application for certification was filed

The employer must enclose a detailed statement or actual employment documents, such as company payroll or tax records from the previous employer of the Indian candidate. Otherwise the employer in US must mention that such proof cannot be obtained, and submit affidavits from people who worked with the Indian candidate to establish the previous employment.

Initial evidence of education and other training

The employer must attach a proof showing that each Indian candidate indicated in that petition meets the certification's minimum post-secondary education and other formal training requirements. The proof must be by means of documents, issued by the respective institution or organization, which details the periods of attendance, majors and degrees or certificates accorded.

Petition agreements

The employer encloses consent to allow access to the site where the work is being performed.

The employer should agree to notify the Service within twenty four hours in case the H - 2A worker absconds or in case the completion of the work takes more than five days of the expiry of the certification document, and to pay liquidated damages of $10 for each instance where the employer cannot establish the completion of work.

The employer petitioner should agree to pay liquidated damages of $ 200 for each instance where the employer cannot establish that the H -2A worker whether the Indian candidate departed US or obtained another authorized status based on another petition during the period of admission or within five days of early termination, whichever comes first.

Note: An approved H - 2A petition is valid till the expiry of the labor certification.

Candidate's status and extension in the U.S.

(1) An Indian candidate may not be given H - 2A status if the Service finds the candidate to have violated the conditions of H - 2A status within the prior five years.

(2) An Indian candidate is considered to have violated the status if he/she remains in the US beyond the specified period or undertakes an unauthorized employment

(3) An Indian candidate will be admitted to US one week prior to the petition date to facilitate him/her to travel to the worksite, ten days after expiry of the petition to facilitate him to get ready for departure or seek extension based on a new employment offer

This extended period does not affect the Indian candidate's employment authorization. In any case if the Indian candidate held H-2A status for a maximum of three years can not again be granted H - 2A status, or any other nonimmigrant status based on agricultural activities, until the Indian candidate remains outside US for a continuous period of six months

(4) An extension of stay may be granted to the period equal to the labor certification period or for a period of up to one year, in any case, the total stay in US cannot exceed three years.

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