Update: June 16, 2021 is the final date that doyourpartparks.org will certainly accept H-2A petitions requesting flexibilities under the below temporary last rule. The transforms made by this temporary final dominion will automatically terminate top top June 16. All H-2A petitions received after the termination of this temporary final preeminence will be topic to the long-term provisions that the H-2A program.

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Update: top top Dec. 18, DHS published a brand-new temporary final dominance extending the Aug. 20 temporary last rule. In the new rule, DHS expanded the provision that temporarily allows all H-2A petitioners through a valid temporary labor certification (TLC) to begin employing details foreign workers that are at this time in the unified States and also in precious H-2A status. DHS likewise extended the delivery that permits H-2A workers to adjust employers and also begin work prior to doyourpartparks.org authorize the new H-2A petition. DHS will apply this temporary final rule to H-2A petitions requesting an extension of stay, if castle were got on or after Dec. 18, 2020, through June 16, 2021. Added information is easily accessible under the H-2A Requirements during COVID-19 Public wellness Emergency ar on the doyourpartparks.org solution to COVID-19 page

The H-2A program permits U.S. Employers or U.S. Agents that meet specific regulatory requirements to carry foreign nationals come the United states to to fill temporary farming jobs. A U.S. Employer, a U.S. Certified dealer as defined in the regulations, or an combination of U.S. Farming producers named as a share employer must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf.

Who might Qualify for H-2A Classification?

To qualify for H-2A nonimmigrant classification, the petitioner must:

Offer a task that is the a short-term or seasonal nature.Demonstrate that there space not enough U.S. Employees who are able, willing, qualified, and obtainable to execute the short-lived work.Show the employing H-2A workers will not adversely influence the wages and also working problems of similarly employed U.S. Workers.Generally, send a solitary valid momentary labor certification indigenous the U.S. Department of Labor with the H-2A petition. (A restricted exception come this need exists in specific “emergent circumstances.”See e.g., 8 CFR 214.2(h)(5)(x) for certain details.)
H-2A regime Process
Step 2: Petitioner submits form I-129 come doyourpartparks.org. After ~ receiving a temporary labor certification for H-2A employment from DOL, the petitioner must paper Form I-129 v doyourpartparks.org. With restricted exceptions, the petitioner need to submit original temporary job certification as initial proof with type I-129. (See the accuse to Form I-129 for added filing requirements.)Step 3: Prospective workers exterior the joined States use for visa and/or admission. After ~ doyourpartparks.org approves form I-129, prospective H-2A workers who are outside the United claims must:Apply for an H-2A visa with the U.S. Department of State (DOS) in ~ a U.S. Embassy or Consulate abroad and then look for admission to the United says with U.S. Customs and Border defense (CBP) at a U.S. Port of entry; orDirectly look for admission to the United claims in H-2A category with CBP in ~ a U.S. Harbor of entry, if a worker walk not require a visa in cases where an H-2A visa is not required.
H-2A Eligible countries List

Except as provided below, H-2A petitions might only be authorized for nationals of nations that the secretary of landscape security has actually designated, v the concurrence of the Office the the Secretary the State, as eligible to get involved in the H-2A program.

The room of Homeland protection publishes the perform of H-2A and also H-2B eligible countries in a commonwealth Register notice. Designation that eligible countries is valid for one year native publication.

Effective Nov. 10, 2021, nationals from the following countries are eligible to get involved in the H-2A program:

AndorraArgentinaAustraliaAustriaBarbadosBelgiumBrazilBruneiBulgariaCanadaChileColombiaCosta RicaCroatiaCzech RepublicDenmarkDominican RepublicEcuadorEl SalvadorEstoniaFijiFinlandFranceGermanyGreeceGrenadaGuatemalaHondurasHungaryIcelandIrelandIsraelItalyJamaicaJapanKiribatiLatviaLiechtensteinLithuaniaLuxembourgNorth MacedoniaMadagascarMaltaMoldovaMexicoMoldova*MonacoMontenegroMozambiqueNauruThe NetherlandsNicaraguaNew ZealandNorwayPanamaPapua brand-new GuineaParaguayPeruPolandPortugalRomaniaSan MarinoSerbiaSingaporeSlovakiaSloveniaSolomon IslandsSouth AfricaSouth KoreaSpainSt. Vincent and the GrenadinesSwedenSwitzerlandTaiwan**ThailandTimor-LesteTurkeyTuvaluUkraineUnited KingdomUruguayVanuatu

*Moldova will no longer eligible to get involved in one of two people the H-2B or H-2A program. However, Moldova’s eligibility for the H-2A regimen remains efficient until Jan. 18, 2022.

**Regarding all recommendations to “country” or “countries” in this document, it should be noted that the Taiwan relations Act the 1979, Pub. L. No. 96-8, ar 4(b)(1), offers that “henever the legislations of the United states refer or said to foreign countries, nations, states, governments, or similar entities, such terms chandelier include and such laws shall use with respect come Taiwan.” check out 22 U.S.C. § 3303(b)(1). Accordingly, all recommendations to “country” or “countries” in the regulations governing whether nationals that a nation are eligible for H-2 regime participation. View 8 CFR 214.2(h)(5)(i)(F)(1)(i) and also 8 CFR 214.2(h)(6)(i)(E)(1), are check out to encompass Taiwan. This is continuous with the united States’ one-China policy, under i m sorry the joined States has maintained unofficial relationships with Taiwan since 1979.

The secretary of homeland security may consider including a nation to the Eligible country List upon receiving a referral from the U.S. Department of State or a composed request native an unlisted international government, an employer the would like to rental nationals of an unlisted nation in H-2A status, or one more interested party or parties. Once designating nations to include on the list, the secretary of countryside security, with the concurrence that the Office that the Secretary of State, will certainly take into account components that incorporate the following:

The country’s cooperation with issuing travel papers for citizens, subjects, nationals and residents that that country who space subject to a last order that removalThe number of final and unexecuted (meaning completed however not yet lugged out) orders of removal against citizens, subjects, nationals and residents of the countryThe number of orders of removal executed versus citizens, subjects, nationals and also residents of the countryOther determinants as might serve the U.S. Interest. Check out 8 CFR 214.2(h)(5)(i)(F)(1)(i) and also 8 CFR 214.2(h)(6)(i)(E)(1).

If you want DHS to consider including a nation to the Eligible country List, send a created request to DHS’s Office that Policy, or the department of State at a U.S. Embassy or Consulate. Country listings are valid because that one year. DHS may include a country to the Eligible country List at any time the secretary the homeland defense determines the the nation is eligible.

A nationwide from a nation not ~ above the list may only it is in the beneficiary that an approved H-2A petition if the secretary the homeland security determines the it is in the U.S. Interest for the national to be the beneficiary of such a petition. Check out 8 CFR 214.2(h)(2)(iii) and also 8 CFR 214.2(h)(5)(i)(F)(1)(ii) for added evidentiary requirements.

Note: If you inquiry H-2A workers from both eligible and non-eligible countries, doyourpartparks.org argues that you paper two separate petitions. Submit one petition for workers from eligible countries and also a different petition for employees from non-eligible nations may aid decrease delays in processing your request for H-2A workers.

Generally, doyourpartparks.org may approve H-2A category for approximately the period of time authorized on the short-lived labor certification. H-2A category may be extended for qualifying employed in increments of up to 1 year each. A new, valid short-term labor certification extending the requested time need to accompany each extension request. The maximum duration of remain in H-2A classification is 3 years.

A human who has actually held H-2A nonimmigrant standing for a total of 3 years need to depart and remain outside the United states for an uninterrupted period of 3 months prior to seeking readmission together an H-2A nonimmigrant. Additionally, ahead time invested in other H or l classifications counts toward total H-2A time.

Exception: Certain periods of time spent external of the united States might “interrupt” an H-2A worker’s authorized stay and also not count toward the 3-year limit. View the Calculating Interrupted stay for H-2 Classifications internet page for added information.

An H-2A worker’s spouse and unmarried kids under 21 years of period may seek admission in H-4 nonimmigrant classification. Family members room not eligible for employment in the United states while in H-4 status.

OMB control Number 1615-0107

Petitioners that H-2A workers must notify doyourpartparks.org in ~ 2 workdays if any type of of the complying with occur:

No show: The H-2A worker fails to report to work-related within 5 occupational days that the last of:The employment start day on the H-2A petition, orThe start date established through the employer;Abscondment: The H-2A worker leaves without notice and stops working to report for occupational for 5 continually workdays there is no the consent that the employer;Termination: The H-2A worker is terminated before completing of the H-2A labor or services for which he or she was hired; orEarly Completion: The H-2A worker finishes the labor or solutions for which that or she was hired more than 30 days earlier than the day specified in the H-2A petition.

Petitioners must include the complying with information ~ above the employment-related notification:

The reason for the notification (for example, describe that the worker to be either a “no show,” “absconder,” “termination,” or “early completion”);The factor for untimely an alert and proof for an excellent cause, if applicable;The doyourpartparks.org receipt number of the approved H-2A petition;The petitioner’s information, including:NameAddressPhone numberEmployer identification number (EIN)The employer’s info (if various from the of the petitioner):NameAddressPhone this number H-2A worker’s information:Full NameDate of birthPlace that birthLast well-known physical address and phone number

Additionally, to assist doyourpartparks.org recognize the H-2A worker, send the following for every H-2A worker, if available:

Social protection numberVisa number

Failure to notify doyourpartparks.org: A petitioner who stops working to comply with these employment notification requirements, or stops working to demonstrate good cause because that untimely notification, may be compelled to salary $10 in liquidated damages for each instance of noncompliance.

Note: doyourpartparks.org defers to DOL’s an interpretation of “workday.” according to the fair Labor criter Act (FLSA), this generally way the period of time top top any certain day when an employee begins and ends his or her “principal activities.”

How perform I notify doyourpartparks.org?

Email or mail your an alert to the California business Center in ~ the following addresses. Although no required, email notification is strong recommended come ensure stylish notification.

California service Center


By mail:

California business CenterAttn: BCU SectionP.O. Crate 30050Laguna Niguel, CA 92607–3004

OMB regulate Number 1615-0107

A petitioner, agent, facilitator, recruiter, or similar employment business is prohibited native collecting a job placement fee or other compensation (either direct or indirect) at any kind of time native an H-2A worker as a problem of employment.

Petitioners are noted with the chance to protect against denial or revocation (on notice) of their H-2A petition if they educate doyourpartparks.org that they derived information worrying the beneficiary’s payment of (or commitment to pay) a prohibited fee or compensation to any type of agent, facilitator, recruiter, or comparable employment company only after ~ they filed their H-2A petition. This narrow exception does not apply, however, wherein a petitioner knew or should have actually known at the moment of filing of that H-2A petition that the prospective worker had paid (or agreed come pay) such recruitment-related fees to any such people or entities.

Petitioners must educate doyourpartparks.org of an H-2A worker’s payment that or covenant to pay prohibited fees come a recruiter, facilitator or similar employment service within 2 working day of gaining knowledge of such payment or agreement.

Petitioners must encompass the complying with information in your fee-related notification:

The factor for the notification;The doyourpartparks.org receipt number of the approved H-2A petition;The petitioner’s information:NameAddressPhone this number employer’s details (if different from the of the petitioner):NameAddressPhone numberInformation around the recruiter, facilitator, or placement organization to which the beneficiaries paid (or agreed to pay) the prohibition fee:NameAddress

How do I educate doyourpartparks.org? 

Email or mail her notification to the California business Center at the complying with addresses. Although no required, email an alert is strong recommended to certain timely notification.

California business Center


By mail:

California business CenterAttn: H-2A FeeP.O. Box 10695Laguna Niguel, CA 92607–1095

doyourpartparks.org provides expedited processing of form I-129 because that H-2A petitions. Friend can examine the status of your situation using situation Status Online. If your petition has been pending for much more than 15 days and also we have actually not sent you a decision or inquiry for an ext evidence, you may contact the doyourpartparks.org call Center at 800-375-5283 to ask about the standing of your case.

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Note: We deserve to only provide case-specific info to authorized people (for example, petitioners and attorneys of record). For H-2A petitions, the petitioner is the petitioning individual or company. Us cannot provide case-specific details to unauthorized 3rd parties, such as the beneficiary (the momentary worker).