H2A Agriculture Visa | H2A Visa Singapore

The H2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs for which U.S. workers are not available. H2A non-immigrant classification applies to aliens seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States on a temporary basis.

To qualify for H2A non-immigrant classification:

The job offered must be of a temporary or seasonal nature
The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work
The employer must show that the employment of H2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers
Generally, a single, valid temporary labor certification from the U.S. Department of Labor must be submitted with the H2A petition. (A limited exception to this requirement exists in certain “emergent circumstances.

H2A petitions may only be approved for nationals of countries that the Secretary of Homeland Security has designated, with the concurrence of the Secretary of State, as eligible to participate in the H2A program. The list of H2A eligible countries is published in a notice in the Federal Register (FR) by the Department of Homeland Security (DHS) on a rolling basis. Designation of countries on the H2A list of eligible countries will be valid for one year from publication.

Generally, nationals from the following countries are eligible to participate in the H2A and H2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu. Of these countries, the following were designated for the first time this year: Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

A national from a country not on the list may only be the beneficiary of an approved H-2A petition if the Secretary of Homeland Security determines that it is in the U.S. interest for that alien to be the beneficiary of such a petition.

Generally, USCIS may grant H2A classification for the period of time authorized on the temporary labor certification (usually authorized for no longer than one (1) year). H2A classification may be extended for qualifying employment in increments of up to one (1) year. The maximum period of stay in H2A classification is three (3) years.

An individual who has held H2A non-immigrant status for a total of three (3) years is required to depart and remain outside the United States for an uninterrupted period of three (3) months before seeking readmission as an H2A non-immigrant.

Any spouse and unmarried children under 21 years of age of an H2A worker may seek admission in H4 non-immigrant classification. Family members in H4 non-immigrant classification may not engage in employment in the United States.

Petitioners of H2A workers must notify USCIS within 2 workdays in the case of:

No show: An alien who fails to report to work within 5 work days of the employment start date on the H2A petition or within 5 work days of the start date established by the petitioner, whichever is later;
Absconder: An H2A worker who fails to report for work for a period of 5 consecutive workdays without the consent of the employer;
Termination: An H2A worker who is terminated prior to the completion of agricultural labor or services for which he/she was hired; or
Early Completion: An H2A worker who completes the agricultural labor or services for which he/she was hired more than 30 days earlier than the date specified in the H-2A petition.

The following information must be included on the notification:

The reason for the notification, (for example, explain that the worker was either a “no show,” “absconder,” “termination,” or “early completion”);
The reason for untimely notification and evidence for good cause, if applicable;
The USCIS receipt number of the approved H2A petition;
The petitioner’s information, including: 1) Name; 2) Address; 3) Telephone number; 4) Employer identification number (EIN)
The employer’s information (if different from that of the petitioner): 1) Telephone number; 2) Address; 3) Name
The H-2A worker’s information: 1) Full Name; 2) Date of birth; 3) Place of birth; 4) Last known physical address & telephone number

Additionally, to assist USCIS with identification of the H2A worker, USCIS requests that, if available, petitioners also submit each H2A worker’s:

Social Security Number, and
Visa Number.

An employer who fails to comply with these employment notification requirements, or fails to demonstrate good cause for untimely notification, may be required, following notice and opportunity to respond, to pay $10 in liquidated damages for each instance of noncompliance.

USCIS defers to the DOL’s definition of “workday” which, according to the Fair Labor Standards Act, generally means the period between the time on any particular day when an employee commences his/her "principal activity" and the time on that day at which he/she ceases such principal activity or activities.