As with any H visa, the H-2A visa has a very specific set of filing procedures for correct filing. In order to ensure correct filing of your H-2A visa, we recommend that you consult with an experienced immigration attorney.
Filing an H-2A visa is a three part process. Each step must be completed in the exact order and manner as outlined by the U.S. Department of Labor (DOL) and USCIS. Please continue reading for a detailed outline on how to file an H-2A visa. These steps are outline below:
The first step in filing an H-2A visa is that the petitioner must submit a temporary labor certification application to the U.S. Department of Labor (DOL). This means that the petitioner must have previously filed for and received a temporary labor certification from the DOL.
The second step in filing for an H-2A visa is that the petitioner must submit a Form I-129 to USCIS. This is the second step in the process because the temporary labor certification (as outlined in step 1) is used included when filing Form I-129.
The final step in filing for an H-2a visa is that the prospective worker who resides outside of the U.S. applies for the visa and/or admission to the U.S. This step can only be initiated once USCIS approves Form I-129 (step 2).
H-2A Eligible Countries List
Potential H-2A visa workers are limited to a pre-approved list that has been outlined by the Secretary of Homeland Security in addition to the concurrence of the current Secretary of State. Each year the Department of Homeland Security provides this information. The country remains valid for one year after publication of this list. Starting on January 18th, 2014, nationals from the following countries are eligible for the H-2A visa program:
- Costa Rica
- Dominican Republic
- El Salvador
- The Netherlands
- New Zealand
- Papua New Guinea
- The Philippines
- Solomon Islands
- South Africa
- South Korea
- United Kingdom
Filing an H-2
A visa requires specialized knowledge of the U.S. immigration department’s rules and regulations. It is important that you understand the difference in qualifications between the H-2A visa and the H-2B visa. To learn more about the difference between H-2A visas and H-2B visas, visit our section which outlines the specific differences between the two.Filing an H-2A Visa
Need help filing an H-2A visa?
Are you an employer looking to file an H-2A visa or multiple H-2A visas? KPPB Law immigration department employs experienced immigration attorneys which know exactly how to help you. Contact us today by calling 703-594-4040 or use our online form. Consultations are always free and inquiries are always welcome. Contact us today!