| 22. | Can my employer re-submit the amended application for H-2A visa? |
| | | | | Yes, your employer may resubmit the H-2A visa application with modifications. In such instances, the employer should file the amended application within five
days of the regional administrator's notice of nonacceptance. The amended application must be filed with the regional administrator (with a copy to the SWA). |
| 23. | Under what circumstances can my H-2A visa application be denied? |
| | | | | Your H-2A visa application may be denied when: |
| | | | | | •
| The application did not meet the required time frames (except in emergency situations) and there is not enough time to test the availability of U.S. workers |  |
| • | Enough able, willing, and qualified eligible U.S. workers are available to fill all the employer's job opportunities | |
| • | The employer has not complied with the worker's compensation requirements | |
| • | The employer has not satisfactorily complied with positive recruitment requirements | |
| • | The employer, since the application was accepted for consideration, has adversely affected the wages, working conditions, or benefits of U.S. workers |
| | • | After appropriate notice and opportunity for a hearing, the regional administrator determines that the employer has substantially violated
a material term or condition of a previous H-2A certification within the last two years |
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| 24. | Can I apply for a Green Card while on H-2A visa? | | | |
| | Yes, you may apply for Green Card while on H-2A visa. You may attain an immigrant status in the U.S. through the following Family Based Immigration. If you have close relatives who are U.S. citizens or U.S. permanent residents, the relatives may file an immigration petition for you as the beneficiary. Close relatives,
as defined by immigration law, include parents, unmarried minor children and spouses. |
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