| Frequently Asked Questions |
Your Immigration Questions Answered by VisaPro.
Here, you will find detailed answers to many of most common
immigration questions. |  |
| 17. | What is an H-2A temporary Labor Certification? |
| | | | | The H-2A Labor Certification program establishes a means for agricultural employers
who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. |
| 18. | How long is an H-2A temporary Labor Certification valid? |
| | | | | The H-2A certification is valid for up to 364 days. As temporary or seasonal agricultural employment, the work is performed
at certain seasons of the year or for a limited time period of less than one year when the employer can show that the need for the foreign worker is truly temporary. |
| 19. |
What constitutes a temporary need for H-2A temporary Labor Certification? | | | | | | The
employer's need for a worker must be of a seasonal or other temporary basis. A seasonal basis is the kind exclusively performed at certain seasons or periods of the year and which, from its nature, may be continuous or carried on throughout the year. A temporary basis is for a limited time only or is contemplated for a particular piece of work, usually of a short duration. |
| 20. | What is the required time frame for filing an
H-2A temporary Labor Certification application? | | | | | | Employers
are advised to file requests for H-2A certifications at least 45 days before the certification is needed. Conversely, SWA’s have been instructed to return H-2A certification applications filed more than 120 days before the worker is needed. |
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| More About Labor Certification |
| On this topic Labor Certification |
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