Frequently asked questions
Questions about H-2A Visa
Straight answers related to this visa.
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What is the role of the ”Farm Labor Contractor (FLC)”?
The Farm Labor Contractor (FLC) acts as an intermediary in the hiring of temporary agricultural workers, ensuring legal compliance and proper logistics.
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What is the role of the “temp agency” in the H-2A?
Temp agencies act as intermediaries in the H-2A visa process, facilitating recruitment and guidance, always respecting legal norms to ensure worker safety.
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What is the role of the Department of State (DOS) in the H-2A?
The Department of State is responsible for issuing H-2A visas, ensuring legality and security in the entry of foreign temporary workers into the U.S.
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What is the role of the DOL in the H-2A process?
The DOL ensures fair wages and adequate conditions in the H-2A process, certifying the need for foreign workers and guaranteeing compliance with labor laws.
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What is the start date of work under the H-2A visa?
The start date of work under the H-2A visa is set by the employer based on agricultural demand and is stated in the approved documentation, in compliance with U.S. immigration laws.
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What is the timeframe to obtain the SSN?
The SSN for workers with an H-2A visa is usually issued within 2 to 4 weeks, making it crucial to follow official procedures to avoid legal issues in the USA.
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What is the USCIS biometrics fee?
The standard USCIS biometrics fee is $85, applicable when biometric collection is required; the H-2A visa generally does not require this fee.
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What is the USCIS fee for the H-2A petition?
The standard USCIS fee for the H-2A petition via Form I-129 is $460, subject to updates. Always consult official sources for updated information.
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What is the validity of the AEWR?
The AEWR determines the minimum wage for H-2A workers, with validity aligned to the certified period, protecting rights and ensuring legal compliance in the U.S.
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What is the validity of the criminal background certificate?
The criminal background certificate for the H-2A visa must be recently issued, preferably within six months before the application, to ensure its validity in the process.
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What is the validity of the I-94 for the H-2A?
The I-94 defines the legal period of stay for H-2A workers, linked to the approved contract; it is essential to monitor deadlines and follow immigration rules.
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What is the visa expense reimbursement policy?
The employer must bear the expenses of the H-2A visa, respecting legislation to avoid undue costs to the worker and ensure legal compliance.
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What is Travel.State.Gov?
Travel.State.Gov is the official U.S. website with updated information about visas, passports, and security, essential for those seeking legal and secure immigration processes.
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What is USCIS Lockbox?
The USCIS Lockbox is a centralized center that receives documents and payments for immigration processes, ensuring organization, security, and legal compliance.
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What to do if the employer does not provide transportation?
If the transportation agreed upon in the contract is not provided, review the documents, have a dialogue with the employer, and if necessary, seek official agencies to ensure your rights.
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What to do if you are a victim of labor abuse?
Know your labor rights under the H-2A visa. Document abuses, seek official support, and consult specialists to protect your dignity and immigration status.
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What to do if you become pregnant in the US on an H-2A visa?
If you become pregnant in the US on an H-2A visa, keep your obligations up to date, take care of your health, and seek specialized legal advice to ensure compliance and legal security.
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What type of photo is required for the DS-160?
The DS-160 photo must meet strict requirements to ensure proper identification, avoid delays, and secure visa acceptance by the U.S. Department of State.
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What type of proof of family ties should I present?
For the H-2A visa, present documents that prove strong family ties in your country of origin, ensuring your intention to return after temporary work in the US.
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What types of farms can employ H-2A workers?
Farms engaged in agricultural activities can employ H-2A workers, provided they demonstrate the temporary need for foreign labor and comply with legal requirements.