H-2A temporary agricultural worker program
E876242
The H-2A temporary agricultural worker program is a U.S. visa program that allows agricultural employers to hire foreign nationals for seasonal or temporary farm work when there are not enough domestic workers available.
Observed surface forms (1)
| Surface form | Occurrences |
|---|---|
| Replenishment Agricultural Worker program | 1 |
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
U.S. temporary worker visa program
ⓘ
nonimmigrant visa category ⓘ |
| administeredBy |
U.S. Citizenship and Immigration Services
NERFINISHED
ⓘ
U.S. Department of Homeland Security NERFINISHED ⓘ U.S. Department of Labor NERFINISHED ⓘ U.S. Department of State NERFINISHED ⓘ |
| allowsDependents | H-4 nonimmigrant classification for spouse and unmarried children under 21 ⓘ |
| contrastedWith | H-2B temporary non-agricultural worker program NERFINISHED ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| covers |
crop production
ⓘ
livestock production ⓘ other agricultural labor or services as defined by regulation ⓘ |
| durationType |
seasonal
ⓘ
temporary ⓘ |
| eligibilityCriterion |
employer must demonstrate insufficient available U.S. workers
ⓘ
employment must not adversely affect wages and working conditions of similarly employed U.S. workers ⓘ job must be temporary or seasonal in nature ⓘ |
| employerObligation |
comply with applicable federal and state employment laws
ⓘ
keep records of hours worked and wages paid ⓘ |
| enforcedBy | Wage and Hour Division of the U.S. Department of Labor NERFINISHED ⓘ |
| geographicScope | employment within the United States and its territories ⓘ |
| intendedToAddress | shortages of domestic agricultural labor ⓘ |
| laborCertificationType | temporary labor certification ⓘ |
| laborMarketTest | domestic recruitment of U.S. workers ⓘ |
| legalBasis | Immigration and Nationality Act NERFINISHED ⓘ |
| maximumInitialStay | up to one year ⓘ |
| maximumTotalStay | generally up to three years with extensions ⓘ |
| nonimmigrantClass | H class ⓘ |
| petitionFiledBy | U.S. agricultural employer or association of agricultural producers ⓘ |
| petitionForm | Form I-129 NERFINISHED ⓘ |
| prohibits | self-petitioning by workers ⓘ |
| purpose | to allow U.S. agricultural employers to hire foreign workers for temporary or seasonal agricultural work ⓘ |
| requires |
employer to pay at least the adverse effect wage rate or applicable minimum wage
ⓘ
employer to pay inbound and outbound transportation in many cases ⓘ employer to provide housing to H-2A workers when they cannot reasonably return to their residence the same day ⓘ employer to provide meals or kitchen facilities to workers ⓘ employer to provide or reimburse transportation between workers’ home and place of employment under certain conditions ⓘ employer to provide written work contract or job order to workers ⓘ employer to recruit U.S. workers before hiring foreign workers ⓘ temporary labor certification from U.S. Department of Labor ⓘ |
| sector | agriculture ⓘ |
| visaApplicationForm | Form DS-160 NERFINISHED ⓘ |
| visaClassification | H-2A NERFINISHED ⓘ |
| workerNationality | foreign nationals ⓘ |
| workerRightsInclude |
protection from retaliation for asserting rights under the program
ⓘ
right to be paid at least the offered wage ⓘ right to safe and sanitary housing when provided ⓘ right to transportation reimbursement under program rules ⓘ |
| workerStatus | nonimmigrant ⓘ |
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.
this entity surface form:
Replenishment Agricultural Worker program