For agricultural employers relying on seasonal migrant workers, securing H-2A visas is crucial. These temporary visas allow foreign nationals to legally work on U.S. farms and ranches. However, H-2A visas are not indefinite. They must be periodically renewed to keep workers coming back year after year. If you utilize the H-2A program, it’s important to understand the renewal process. With the right preparations and timely filings, renewing H-2A visas will go smoothly.
On this page
Review Eligibility Requirements
Before applying for H-2A visa renewals, review eligibility with the Department of Labor (DOL). They determine if employers qualify based on factors like authorization history, number of prior workers, and employment periods. The DOL reviews compliance, so keep detailed records of communications, wages, and staff. This helps prove eligibility when it’s time for H-2A visa renewals.
Submit Necessary Paperwork
Once deemed eligible, file a temporary labor certification application with the DOL at least 60 days before the start date. This should include details like number of workers needed, job duties, and planned wages. You must also submit an ETA Form 9142 showing there are no qualified U.S. workers available.
After receiving certification from the DOL, file Form I-129 with U.S. Citizenship and Immigration Services (USCIS) including evidence workers will return home. This could include property ownership in their home country. Biometrics fees must also be paid for each worker. USCIS will review materials and approve or deny the H-2A visa renewal petition.
Extend Visas in a Timely Manner
It’s key to file paperwork for H-2A visa renewals in a prompt manner. Current workers must depart the U.S. once their status expires. Any lapses in status could jeopardize their eligibility to return on H-2A visas. File renewals for workers at least 60 days before their ending validity date. Short-term extensions of up to two weeks can be requested from U.S. Customs and Border Protection.
Provide Updated Job Terms
Even when renewing workers’ H-2A visas, you must provide new details about the upcoming job and season. This includes outlining projected employment dates, locations, duties, hours, and hourly pay. Housing plans and provisions must also be shown to meet regulations. Any changes from the prior year should be emphasized to USCIS and the DOL.
Respect Three-Year Limit
While H-2A renewals are unlimited, workers cannot stay for more than three consecutive years. They must then leave the U.S. for at least three months before seeking readmission. Arrange for their timely departure and explain this requirement so they can plan accordingly. Track each individual’s total stay so you remain compliant with the three-year cap.
Consult Immigration Experts to Expedite H-2A Visa Renewals
The H-2A renewal process takes advance planning, precise paperwork, and strict adherence to regulations. However, when employers understand all the steps involved, they can keep bringing back the temporary farm workers they depend on year after year.
But with so many moving parts and rigid deadlines, you as an employer are better off consulting immigration attorneys. Immigration law experts understand the ins and outs of H-2A renewals and can guide you through every step.
They will ensure full compliance with regulations, maximize efficiency, and proactively resolve any potential issues that may arise. With expert guidance, your essential migrant workers will keep coming back season after season.
