Liberty Law Group, LLC







​h-2a visa requirements and procedure

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Finding, the right H-2A visa attorney in Louisiana is an important task. Doing this yourself can easily lead to a denial of your H-2A visa petition. There are many steps and if one step isn't followed correctly, it could lead to denial of the entire case. There are also lots of obligations of an H-2A employer. Let's go through each of these steps and obligations

First, an H-2A visa will not be granted unless the following requirements are met:

1) the job is of a temporary or seasonal nature;
2) there are not enough U.S. workers who are able, willing, qualified and available to do the temporary work; and
3) employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers

Now that we have gone over the initial requirements of an H-2A visa, let's look at the steps involved:

Step 1: Employer files a temporary labor certification with the Department of Labor

Substep 1a: 60-75 days before fist day of work, employer fills out job order with local State Workforce Agency (SWA). SWA reviews the job order, makes corrections where necessary and advises the employer of the steps necessary to begin recruitment of local U.S. workers;

Substep 1b: No less than 45 days before first day of work, employer fills out H2A application with Chicago National Processing Center which reviews the application, notifies of any deficiencies and advises of the steps necessary to continue the H-2A application process;

Substep 1c: Employer starts recruitment of U.S. workers

Substep 1d: Employer fills out final application with DOL no less than 30 days prior to the first day of work

Step 2: Employer files form I-129 with the United States Citizenship and Immigration Services (USCIS)

Step 3: Prospective workers outside of the United States apply for admission at a U.S. consulate

In the event USCIS grants the H2A visa application submitted by the employer, the employer must be careful to abide by all of its obligations under the applicable federal regulations and statutes. Failure to do so will result in significant penalties asssed by the Department of Labor. More specifically, the following obligations exist with respect to the employment of H-2A workers (pursuant to 20 CFR 655.135):

1) Employers cannot hire H-2A workers if the employer fired U.S. workers within 60 days of the date of need, unless the laid-off U.S. workers were offered and rejected the agricultural job opportunities for which the H-2A workers were sought. A layoff of U.S. workers in corresponding employment is permissible only if all H-2A workers are laid off first. Employers may only reject eligible U.S. workers for lawful, job-related reasons.

2) The employer must pay all covered workers at least the highest of the following applicable wage rates in effect at the time work is performed: the adverse effect wage rate (AEWR), the applicable prevailing wage, the agreed-upon collective bargaining rate, or the Federal or State statutory minimum wage

3) No later than the time at which an H-2A worker applies for a visa and no later than on the first (1
st) day of work for workers in corresponding employment, the employer must provide each worker a copy of the work contract – in a language understood by the worker – which describes the terms and conditions of employment.

4) H-2A employers must guarantee to offer each covered worker employment for a total number of hours equal to at least 75% of the workdays in the contract period – called the “three-fourths guarantee.” For example, if a contract is for a 10-week period, during which a normal workweek is specified as 6 days a week, 8 hours per day, the worker would need to be guaranteed employment for at least 360 hours (e.g., 10 weeks x 48 hours/week = 480 hours x 75% = 360)

5) Employers must provide housing at no cost to H-2A workers and to workers in corresponding employment who are not reasonably able to return to their residence within the same day.

6) the employer must reimburse workers for reasonable costs incurred for inbound transportation and subsistence costs once the worker completes 50% of the work contract period.

7) Employers must keep accurate records of the number of hours of work offered each day by the employer and the hours actually worked each day by the worker.


Louisiana H-2A visa lawyers at Liberty Law Group have the expertise and experience to handle any type of H-2A visa application. We also represent employers in any audit or administrative proceeding conducted against any company by the United States Department of Labor. Call Louisiana Immigration attorneys at Liberty Law Group today for a free consultation.

Alexandria Office
4011 Parliament Drive
Alexandria, Louisiana 71303
(318) 528-0700
chris@libertylawgroupla.com

Shreveport Office
331 Milam Street
​Suite 200
Shreveport, Louisiana 71101
​(318) 383-2825

What Our Clients Are Saying

"Such a Wonderful Human!
I was in deportation process for seven years; my deportation/asylum court hearing was postponed several times. At this point, I contacted Chris. I told him my personal story- I was tortured in Syria and seeked asylum in the US. When I arrived in the US, I was detained for 48 days in Houston once I arrived. Chris was so moved by my experience, that offered to take my case for free! Chris gathered all the necessary documents from me and went through great efforts on my behalf. He looked up related events and updated my whole case. The night before my deportation/asylum hearing, we went over the entire folder as well as about 100 questions he had previously prepared. The hearing was initially estimated to last for about an hour by my previous Pro Bono attorney; in reality, the hearing lasted 3 hours. Chris asked me all the questions he had prepared to demonstrate the truth about my story. The prosecutor ended up having only a couple of questions; Chris interfered to explain her questions to me and make my answers more to the point and more helpful to my case. Chris had to undergo surgery a few days before the hearing and yet, he drove all the way to Houston, carried the entire 12 inch thick folder for about a 15 minutes walk, and didn’t tell me about this until the break in the middle of the hearing. His confidence before the hearing, as well as during, was unparalleled and impressive! He connected on a personal level and knew what to ask and how to tackle the case and he just did. Thanks to Chris, I am an asylee. I am not in immigration-status limbo anymore; I am able to thrive and continue my career as a pathologist in the US thanks to Chris. I am eternally thankful and grateful to him for his dedication, compassion, knowledge, and his kindness!"

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  • Home
  • PRACTICE AREAS
    • Immigration Bonds
    • Asylum
    • Deportation defense >
      • Immigration Appeals
    • Green Cards
    • Nonimmigrant Visas >
      • E2 Visas
      • H-2A Visas
      • H-2B Visas
      • K-1 Visas
    • Civil Litigation
  • About
  • Blog
  • Contact
  • Immigration Courts and Detention Centers
    • Adams County Correctional Center
    • Houston Processing Center
    • Richwood Correctional Center
    • South Louisiana Correctional Center
    • River Correctional Center
    • Jackson Parish Correctional Center
    • Winn Correctional Center
    • Lasalle ICE Processing Center
    • Pine Prairie ICE Processing Center
    • Lasalle Immigration Court
    • Oakdale Immigration Court
    • New Orleans Immigration Court
    • Tallahatchie County Correctional Facility
  • Locations
    • Liberty Law Group Shreveport Office
    • Liberty Law Group Alexandria Office
    • Monroe Service Location