h2a visa to green card

Under the immigration regulations found at 8 C.F.R. Extensions are done in one-year increments, and the total amount of time that a H-2A visa holder can stay in the U.S is three years. What are the requirements for H-2A employees? Show up to the interview with these documents: Forms I-129 and I-797 to show USCIS approval. Once you’re in the U.S. on a nonimmigrant visa, you’ll find that practical consequences flow from these properties of work-authorizing nonimmigrant categories, both for your travel and for your maintenance of legal status in the United States. Dual intent is a fairly recent adaptation, in recognition of the fact that many people work in a nonimmigrant status while pursuing a green card. Is it possible to change status on an H-2A visa? The experienced staff and attorneys of KPPB Law knows just how to approach your case, ensuring the best possible result. For the H-1B and L-1 categories, Congress has explicitly recognized “dual intent”—a rather magical concept by virtue of which you can both mean to stay only temporarily in the U.S. and to live here permanently. No. For some other work-authorizing nonimmigrant categories, the law has softened the nonimmigrant intent requirement without quite reaching the outright dual intent recognized for the H-1B and L-1. Documents which prove that you intend to return to your home country after your visa expires such as a deed of a property, a lease of an apartment, or letter from an employer who states that they will hire you when you return. K Visa Processing Update. (For complete descriptions of nonimmigrant categories, see Temporary Work Visa Options.). There are several ways to get a Green Card; if you meet the eligibility criteria. Temporary non-agricultural workers with the H-2B visa, One photo which meets the US Visa Digital Image Requirements, H-1B Visa – Visa in Specialty Occupations, L-2 Visa for Dependents of L1 Visa Holders, O-2 Visa for Assistants of O-1 Visa Holders, O-3 Visa for Dependents of O-1 Visa Holders, H-1B Visa Denial Rates Remain High Though a Decline Was Marked in Third-Quarter, US Court Annulled Two H-1B Regulations Suggested by Trump Administration, Trump Could Stop Birthright Citizenship With Executive Order, USCIS: H-2B Cap for First Half of Fiscal Year 2021 Has Been Reached, DHS Wants to Limit Work Permits for Internationals With Final Orders of Removal, Temporary agricultural workers with the H-2A visa, The job positions that they offer should be temporary and seasonal agricultural work, Show that U.S workers are not willing, qualified, able, or available to work in those positions, Show that by hiring foreign workers they will not negatively affect wages and work conditions of U.S employees in the same sector, Have the necessary documents and petition approvals, Find a job from a U.S employer who is offering temporary agricultural work, Prove that they intend to return to their home country after the visa expires. Many foreign workers also wonder whether they can apply for a Green Card when they have an H-2A visa. By temporary, it means that the work does not take more than 1 year to complete. Aside from the types of work they authorize, some nonimmigrant categories are easier to use as stepping stones to a green card because Congress has specifically made them easier to use this way: Workers in H-1B or L-1 status, for instance, can extend their status beyond the ordinary limits for continuous stay in those categories if an employer has started the green card process for them. Many foreign workers also wonder whether they can apply for a Green Card when they have an H-2A visa. U.S employers should either provide three meals to foreign workers or have cooking facilities in the workplace where employees can cook their own meals. Since the H1B visa is of dual intent, this means that those who have it are eligible to apply for permanent residence. Does the H-2A visa lead to a “green card” (permanent residence) or US citizenship? Two kinds of limitations apply to employment-based green cards: The demand for employment-based green cards tends to far exceed the supply in the preference categories covering most jobs. According to the November 2019 Visa Bulletin, for example, someone from the Philippines with an advanced degree coming to the U.S. to perform a job that requires that advanced degree (a “second preference” worker) will not have to wait at all to apply for a green card, whereas an unskilled worker (“other workers”) from the Philippines will have to wait almost two years. In case all of these procedures go well, at the end you will have a U.S H-2A visa through which you can go to the U.S to work temporarily. The form is filed by the employer and a fee if $460 is paid for it. An employer might be more likely to go through all this with you if you are authorized to work during this waiting time. There is no path to a green card with a H2A visa. The primary difference between a green card and a visa is that the visa is only a temporary pass that lets you enter the United States and remain there for a specific period of time, whereas the green card is a permit that does not only allow you to enter the US, but also lets you stay there for as long as you want. J-1 Visa - Exchange Visitor Program. Recipients are required to work during their stay. The H2A employer must be able to prove that its labor needs are seasonal or temporary, which means that the labor need should be for less than 12 months. The H-2A visa also requires that workers only stay for three years, after which point, they must return to their home country. Diversity Visa (DV-2020) Update. Nonetheless, the E-1 and E-2 remain relatively narrow because of specific characteristics the employer itself must demonstrate in order to employ people in the category. These farm hands will help the employers with agricultural related jobs for a specified period of time. The employer has to prove the following: The employer has to demonstrate to the DOL that they made efforts to recruit U.S workers. The E-3 and TN categories are also for workers in professional occupations, but they are limited to people from certain countries—E-3 to Australians, TN to Canadians and Mexicans. Can the spouse or children of an H-2A worker get a … Thus, backlogs often develop, which are worse for workers from some countries because of the historically high demand from those countries. Employers are encouraged to consult with the DOL about what wage rate to use. The certification is processed by the Chicago NPC and a decision is communicated to the employer 30 days before the employees are needed. These countries are listed below: Identify the foreign workers by name, date of birth, country of birth, and country of citizenship, Submit proof that the U.S benefits from giving an H-2A visa to the workers, Get certification from the Department of Labor (DOL), Form ETA-790 – Agricultural and Food Processing Clearance Order (job offer), Form ETA-9142A – Foreign Labor Certification, When 50% of the contract has been completed, the U.S employer has to reimburse the transportation expenses of the employee if they were incurred, If the employer provides housing, they are also responsible to provide transportation from the housing to the place of work. The more you study and follow the Visa Bulletin, the more unexpected patterns you might observe. J1 to Green Card: How to Become a Permanent Resident in the U.S. Posted by Frank Gogol. H-2A visa holders can apply for different types of Green Cards, whether they are Employment or Family based Green Cards. The L1A to Green Card process does require support from the US employer. This is done by filing Form I-129 to USCIS. The H2A Visa is a work visa issued by the United States to foreign workers in seasonal, as opposed to year-round, agricultural jobs. Important Notice for K visa applicants affected by COVID-19. For example, if you have found a job which requires an H-1B, then your employer needs to undergo the procedures to getting the H-1B visa. L-1 Visa - Intra-company Transferee. The H-2A visa is not typically a pathway to immigration or a green card. Only dependents of H-1 visas are allowed to work under the H-4 EAD program in certain circumstances. DHS will apply this temporary final rule to H-2A petitions requesting an extension of stay, if they were received on or after Aug. 19, 2020, through Dec. 18, 2020. Be of a certain nationality. If the DOL approves the Temporary Labor Certification, the employer can then move on to the next step. This form together with the ETA-9142A should be filed to the Chicago National Processing Center (NPC) about 45 days before there is a need for the employees. This means that anyone who applies for the visa and gets approved can come into the U.S to work and there are not restrictions on how many people can be employed in this work. Otherwise, if the certification and petition are denied, the employee cannot get the H-2A visa and will not be allowed to enter and work in the U.S. By seasonal, this means that the work is within a specified period of time or event. What are the requirements for H-2A employers? With reference to E-1, E-2, P-1, and O-1 status, for example, immigration lawyers sometimes talk about “quasi nonimmigrant intent.”. Employers who want to hire foreign workers for temporary and seasonal agricultural work have to follow two steps: If all of these are approved from their respective agencies, the applicant or employee can start the visa application. And workers from India in most categories have longer to wait than any other worker from anywhere; up to around ten years. H-2A visa holders can apply for different types of Green Cards, whether they are Employment or Family based Green Cards. Note: The 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. In cases where a Green Card applicant has to apply for a US visa first, the visa must be secured or available before the Green Card application is submitted. Why would the U.S Embassy deny my H-2A visa? You will want to study the list and investigate further if any category seems a possibility for you. If you’re looking for a stepping stone to an employment-based green card, your best bet is a nonimmigrant visa or status that authorizes employment. The requirements for a blue card are as follows: have performed agricultural work for at least 575 hours or 100 work days during a two-year period ending on December 31, 2012; be physically present in the U.S. since Dec. 31, 2012; and an application fee of $100. These forms are filed so that the DOL can verify the reasons that the U.S employer wants to hire foreign employees. However, it is recommended for U.S employers to file USCIS petitions at least 60 days, but no more than 120 days before they need the foreign workers. Note: This visa is also used for entertainers going on a tour, for film workers or professional minor league players If the employee is returning to their place of recruitment at the end of the contract, the employer is also responsible to pay the economic costs of the transportation to return there. But only if authorized by their employer a H2A visa and each authorizes! Some States, the family can also apply for Green Card is a temporary pass skilled... 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