Work in the USA: Your Path to Success

Process of:

Temporary Employment Visa

The H-2A visa is a temporary work visa for foreign agricultural workers who will perform seasonal or temporary agricultural work in the United States. Here is an overview of the general process of obtaining an H-2A visa:

1. Employer Recruitment

The U.S. employer must first demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work, and that hiring foreign workers will not adversely affect the wages and working conditions of U.S. workers similarly employed.

2. File A Labor Certification Application

The U.S. employer must file a labor certification application with the U.S. Department of Labor (DOL) to demonstrate that they have met the recruitment requirements and that the job offer meets the minimum requirements set by the DOL.

3. Submit Form I-129

The U.S. employer must file a Form I-129, Petition for Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS), along with supporting documentation and the approved labor certification.

4. Consular Processing

Once the petition is approved, the foreign worker must apply for a visa at a U.S. consulate or embassy abroad.

5. Admissibility

The foreign worker must demonstrate that they are admissible to the United States and not subject to any grounds of inadmissibility such as criminal history, health concerns, or prior immigration violations.

6. Arrival In The United States

If the visa is approved, the foreign worker can enter the United States and begin work for the U.S. employer.

Here is a general process for obtaining temporary employment in the United States, such as through the EB3 visa category:

1. Find An Employer

The first step in obtaining temporary employment in the United States is to find an employer who is willing to sponsor you for a temporary work visa. The employer must demonstrate that there are no qualified U.S. workers available for the position and that your employment will not adversely affect the wages and working conditions of U.S. workers in similar positions.

2. Obtain Labor Certification

Once you have found an employer, they will need to obtain a labor certification from the U.S. Department of Labor. This certification confirms that there are no qualified U.S. workers available for the position and that your employment will not adversely affect the wages and working conditions of U.S. workers in similar positions.

3. Submit Form I-140

After obtaining the labor certification, the employer will need to file Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form confirms that you meet the qualifications for the temporary work visa and that the employer has met all the necessary requirements.

4. Apply For A Temporary Work Visa

I-140 is approved, you can apply for a temporary work visa, such as the EB3 visa. The application process will vary depending on the specific visa category, but typically involves submitting the Form I-129, Petition for Nonimmigrant Worker, along with supporting documents such as your passport, educational transcripts, and evidence of qualifications for the position.

5. Attend The Visa Interview

After submitting your visa application, you will be required to attend a visa interview at the U.S. embassy or consulate in your home country. During the interview, a consular officer will ask you questions about your qualifications, your employment, and your intentions for visiting the United States.

6. Receive The Temporary Visa

If your visa application is approved, you will receive the temporary work visa in your passport. The visa will specify the duration of your stay in the United States, which will be determined by the terms of your employment.

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