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H-2A Visa

The H-2A Visa is the most functional of all visa categories. It fills a specific need for both the U.S. and for foreign nationals. This visa allows foreign workers entry into the U.S. to work in agriculture. The H-2A visa is problematic: growers don’t like the limits of the visa and workers rights advocates don’t believe the laws provide enough support for workers.

The H-2A visa is not self-petitioned. Employers must prove that there are no U.S. workers available to perform the work to be completed. Although this is a temporary visa, it can be extended for up to three years.

Workers’ spouses and unmarried children under the age of 21 are allowed to join them in the U.S. under the H-4 status. Dependents are not permitted to work unless they personally qualify for a work visa.

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