H-2A VISA

Campesinos Sin Fronteras, Inc. (CSF) provides H-2A Visa application services to growers and farmers in need of temporary farm workers to process their applications with the corresponding authorities in order to expedite, facilitate and ease the burden associated with the program.

CSF was founded in 1997 by a group of former farm workers and the organization has evolved to provide a wide array of social services to the community. With the experience gather in the last harvesting season, we are now in the possibility to offer this service to qualified applicants with the assurance that your needs will be met in a timely and cost effective manner.

CSF holds a Farm Labor Contractor Certificate of Registration with the U. S. Department Of Labor and is ready to represent your organization as domestic agent as well as provide you with our own foreign agent services to represent you before the U.S. Consulate.

Program Overview

The H-2A temporary agricultural program allows 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. 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, and requires labor levels above what is necessary for ongoing operations. Employment is of a temporary nature when the employer’s need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than 1 year.

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 Department stating that:

  • There are not sufficient able, willing, and qualified U.S. workers available to perform the temporary and seasonal agricultural employment for which nonimmigrant foreign workers are being requested; and
  • Employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. The statute and Departmental regulations provide numerous worker protections and employer requirements with respect to wages and working conditions. The Department Of Labor Wage and Hour Division (WHD) has responsibility for enforcing provisions of worker contracts.

Detailed Program Description available here.

How and When to Apply

Prior to filing a petition with the U.S. Citizenship and Immigration Services

  1. A job offer (ETA Form 790) must be filed with the State Workforce Agency (SWA) in the area of intended employment between 60 and 75 days before the date of need for workers.
  2. An application package including the ETA Form 9142 and accepted Job Order (ETA Form 790) from the SWA and attachments along with any other supporting documentation must be filed with the Chicago NPC no less than 45 days prior to the employer’s date of need.

H-2A Program Process

  • Step 1: Petitioner submits temporary labor certification application to the U.S. Department of Labor (DOL). Prior to requesting H-2A classification from USCIS, the petitioner must apply for and receive a temporary labor certification for H-2A workers with DOL. For further information regarding the temporary labor certification requirements and process, see the Foreign Labor Certification, Department of Labor page.
  • Step 2:  Petitioner submits Form I-129 to USCIS.  After receiving a temporary labor certification for H-2A employment from DOL, the employer should file Form I-129 with USCIS. With limited exceptions, the original temporary labor certification must be submitted as initial evidence with Form I-129.  (See the instructions to Form I-129 for additional filing requirements.)
  • Step 3: Prospective workers outside the United States apply for visa and/or admission.  After USCIS approves Form I-129, prospective H-2A workers who are outside the United States must:
  • Apply for an H-2A visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad, then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or
  • Directly seek admission to the United States in H-2A classification with CBP at a U.S. port of entry, if a worker does not require a visa.

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