English 
Português 
Español Frequently asked questions
Questions about H-2A Visa
Straight answers related to this visa.
-
What is the 50% contract period law?
The 50% H-2A contract law protects agricultural workers by guaranteeing minimum payment in case of early termination not caused by them.
-
What is the acceptance rate for the H-2A visa?
Approval of the H-2A visa varies according to meeting the requirements and legal compliance; strictly following the rules is essential to increase your chances.
-
What is the Administrative Site Visit and Verification Program?
Program that verifies and monitors workplaces and housing of H-2A workers, ensuring compliance with U.S. labor and immigration laws.
-
What is the advantage of hiring a lawyer?
Hiring an immigration lawyer for the H-2A visa offers legal security, specialized guidance, and clear support to face a complex process with greater confidence.
-
What is the advantage of using a specialized attorney?
A specialized immigration attorney ensures security, clarity, and compliance in H-2A visa processes, avoiding errors, fraud, and guaranteeing the proper progress of your application.
-
What is the average duration of an H-2A contract?
H-2A contracts are temporary, generally lasting from 3 to 6 months, depending on the agricultural harvest; adjustments and extensions are possible, always respecting current legislation.
-
What is the average number of days for I-129 H-2A approval?
Approval of Form I-129 for the H-2A visa generally occurs within 2 to 3 months, but times may vary; it is essential to follow the rules and check official information to avoid problems.
-
What is the Code of Federal Regulations (CFR) applicable to the H-2A?
The CFR compiles regulations that govern the H-2A visa, establishing requirements for employers and workers, ensuring compliance and legal protection in the immigration process.
-
What is the consequence if the employer fails to comply with the 3/4 guarantee?
Failure by H-2A visa employers to comply with the 3/4 guarantee can result in fines, sanctions, and jeopardize eligibility in the program, affecting future hires.
-
What is the consequence of stopping work?
Stopping work with an H-2A visa can compromise your immigration status and credibility, so it is crucial to fulfill contractual obligations and follow the law.
-
What is the consulate?
The American consulate is the official representation that processes visas, supports citizens, and provides guidance on immigration with security and transparency abroad.
-
What is the daily work hour limit under the H-2A visa?
The daily work schedule for the H-2A visa is generally 8 hours, with paid overtime; federal laws ensure protection and fair conditions for temporary agricultural workers.
-
What is the difference between ”seasonal” and ”temporary”?
'Seasonal'' refers to activities linked to specific seasons, while ''temporary'' defines the limited period of work authorization in H-2A visas.
-
What is the difference between ‘under contract’ and ‘at will’?
Under contract' and 'at will' represent different forms of employment relationships, with important implications for H-2A visas and job stability in the USA.
-
What is the difference between a Nonimmigrant Petition and an Immigrant Petition?
Nonimmigrant Petition is for temporary visas; Immigrant Petition aims at permanent residence in the U.S., both requiring attention to laws and reliable information.
-
What is the difference between a worker and a farm labor contractor?
The worker is the individual who performs agricultural duties; the farm labor contractor is the intermediary who facilitates hiring within the H‑2A visa context, in compliance with U.S. laws.
-
What is the difference between H-2A and B-1?
The H-2A is for temporary agricultural work; the B-1, for business visits without permission for paid work in the U.S.
-
What is the difference between H-2A and H-2B?
The H-2A and H-2B visas authorize temporary workers in the U.S.; H-2A is for agricultural activities and H-2B for non-agricultural sectors, both requiring proof of a lack of local labor.
-
What is the difference between H-2A and J-1?
The H-2A visa is for temporary agricultural work; the J-1 promotes cultural and educational exchange, both require strict compliance with US immigration laws.
-
What is the difference between Primary and Additional Employer?
The Primary Employer leads the H-2A visa petition, while the Additional Employer acts complementarily, both strictly complying with applicable legal regulations.