H-2A visa

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An H-2A visa allows a foreign national worker into the United States for temporary agricultural work. There are several requirements of the employer in regard to this visa. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. [1] In 2015 there were approximately 140,000 total temporary agricultural workers under this visa program. Terms of work can be as short as a month or two or as long as 10 months in most cases, although there are some special procedures that allow workers to stay longer than 10 months. All of these workers are covered by U.S. wage laws, workers' compensation and other standards; additionally, temporary workers and their employers are subject to the employer and/or individual mandates under the Affordable Care Act. Because of concern that guest workers might be unfairly exploited, the U.S. Department of Labor Wage and Hour Division is especially vigilant in auditing and inspecting H-2A employers. H-2A employers are the only group of employers who are required to pay inbound and outbound transportation, free housing, and provide meals for their workers. H-2A agricultural employers are among the most heavily regulated and monitored employers in the United States. Unlike other guest worker programs, there is no cap on the number of H-2A visas allocated each year. [2]

Contents

Employing H-2A workers

Wages

The wage or rate of pay must be the same for U.S. workers and H-2A workers. The hourly rate must be at least as high as the applicable Adverse Effect Wage Rate (AEWR), [3] federal or state minimum wage, or the applicable prevailing hourly wage rate, whichever is higher. The AEWR is established every year by the Department of Labor for every state except Alaska.

If a worker will be paid on a piece rate basis, the worker must be paid the prevailing piece rate as determined by the State Workers Agency (SWA). If the piece rate does not result in average hourly piece rate earnings during the pay period at least equal to the amount the worker would have earned had the worker been paid at the hourly rate, then the worker's pay must be supplemented to the equivalent hourly level. The piece rate offered must be no less than what is prevailing in the area for the same crop and/or activity. [3]

Hiring

Hiring means an active effort, including newspaper and radio advertising in areas of expected labor supply. Such recruitment must be at least equivalent to that conducted by non-H-2A agricultural employers in the same or similar crops and area to secure U.S. workers. This must be an effort independent of and in addition to the efforts of the SWA for at least 15 days. In establishing worker qualifications and/or job specifications, the employer must designate only those qualifications and specifications which are essential to carrying out the job and which are normally required by other employers who do not hire foreign workers.

Livelihood of workers

Housing and meals

The employer must provide free housing to all workers who are not reasonably able to return to their homes or residences the same day. Such housing must be inspected and approved according to appropriate standards. The housing provided by the employer must meet all of the Department of Labor Occupational Safety and Health Administration (OSHA) standards that were set forth at CFR 1910.142 or the full set of standards at 654.404-645.417. [3]

An alternative form of housing is rental housing, which has to meet local or state health and safety standards. In North Carolina, the current state standards include no provision for doors and windows, 75 ft3 per person or 27 people per refrigerator, one wash tub per 30 people with hot and cold water, facilities for drying clothes; there are no sanitary requirements for mattresses provided, 1 toilet/15 people or 1 urinal/25 men, and 1 shower per 10 people with no privacy stalls. [4]

The employer must either provide three meals a day to each of the workers or furnish free and convenient cooking and kitchen for workers to prepare and cook their own meals. If the employer provides the meals, then the employer has the right to charge each worker a certain amount per day for the three meals. [3]

Transportation and tools

There are several provisions on the transportation of workers. The amount of transportation payment shall be no less (and shall not be required to be more) than the most economical and reasonably similar to the transportation charges for the distances involved. [3] The employer is responsible for several forms of transportation depending on the situation. After the worker completes at least half of the work contract period, the employer must reimburse the worker for the costs of transportation and subsistence from the place of recruitment to the place of work if these expenses were charged to the worker. The employer must provide free transportation to the worker between the employer's housing and the area of work. And upon completion of the work contract, the employer must pay the costs of a worker's subsistence and transportation back to the place of recruitment. Some special conditions apply when the worker does not return to the area of recruitment because they are moving to another job. If the employer compensates foreign workers for transportation costs then they must do so for U.S. workers as well. If the employer provides transportation for foreign workers, they must provide transportation to US workers as well.

The employer must cover the cost of tools and supplies necessary to carry out the work at no cost to the worker, unless this is uncommon and the occupation calls for the worker to provide certain items.

Application process

The process in order for a worker to be able to start in H-2A status involves a job order from a State Workforce Agency, a Temporary Labor Certification from the U.S. Department of Labor Employment & Training Administration's Office of Foreign Labor Certification, a Form I-129 approval from the U.S. Citizenship and Immigration Services (a branch of the U.S. Department of Homeland Security), a visa from a consular officer representing the U.S. Department of State, and a Form I-94 issued by U.S. Customs and Border Protection at a port of entry. [5] [6] [7]

Job order (ETA Form 790)

A job offer (ETA Form 790) must be filed with the State Workforce Agency (SWA) in the area of intended employment between 60 and 75 days before the date of need for workers. [5] Each State Workforce Agency has a mailing address and some have websites, contact email addresses, and phone numbers. The State Workforce Agency is also responsible for handling job orders for the H-2B visa, but the specific contact person or mailing address may differ. [8] The job orders are publicly listed by the State Workforce Agency (including on their website). Additionally, the employer must advertise for the position in local newspapers. Any United States citizen who applies for the job must be given one. [9]

H-2A Temporary Labor Certification from the U.S. Department of Labor

The employer needs to obtain a Temporary Labor Certification (TLC) from the United States Department of Labor Employment & Training Administration's Office of Foreign Labor Certification. [5] Note that this labor certification should not be confused with PERM labor certification for employment-based permanent immigration, or with the Labor Condition Application for H-1B and similar statuses. It is also separate from a similar process for H-2B temporary labor certification.

The application package must include ETA Form 9142A and an accepted Job Order (ETA Form 790) from the State Workforce Agency. It must be filed with the Chicago National Processing Center or online through the iCert portal, no less than 45 days prior to the employer's date of need. [5]

In order to approve the certification, the Department must verify that:

  1. there are not sufficient able, willing, and qualified U.S. workers available to perform the temporary and seasonal agricultural employment for which nonimmigrant foreign workers are being requested; and
  2. employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. The statute and Departmental regulations provide numerous worker protections and employer requirements with respect to wages and working conditions. The Department's Wage and Hour Division (WHD) has responsibility for enforcing provisions of worker contracts.

Form I-129 petition submitted to U.S. Citizenship and Immigration Services

The employer must submit a Form I-129 (Petition for a Nonimmigrant Worker) on behalf of the prospective worker (beneficiary) with the United States Citizenship and Immigration Services, with the job order (ETA Form 790) and the approved H-2A Temporary Labor Certification as initial evidence. [6] Note that Form I-129 is used for a large number of nonimmigrant worker statuses, not just the H-2A. Those using it for the H-2A status need to fill the main form followed by the H classification supplement, Pages 13–17. [10]

The H-2A status is one of the statuses where it is possible for a single Form I-129 to be used for multiple beneficiaries. Additional beneficiaries may be listed on Attachment 1 (Pages 35–36) of Form I-129. However, all beneficiaries listed in a single petition must have the same requested start and end date, and they are all approved together. In case different start dates are needed for different beneficiaries, or one of them has a more complicated situation (so that beneficiary's petition may be delayed) employers are advised to file separate I-129s for such employees. [6] [10]

The filing fee for Form I-129 is $460. Forms are automatically expedited given the seasonal and time-sensitive nature of agricultural work, but it is also possible to request Premium Processing Service for $1225 to get an initial response within 15 calendar days. [11]

In general, Form I-129 petitions can be submitted six months in advance of the job start date. However, since the petition's initial evidence includes a job order, that must be filed between 60 and 75 days before the start date, the application can effectively be submitted at most 75 days prior to the start date.

Eligible Countries List

United States Citizenship and Immigration Services is given an Eligible Countries List for H-2 visas (with slight differences between the H-2A and H-2B) and generally approves petitions only if the beneficiary is from a country on the list. Updates to the Eligible Countries List are published in the Federal Register . Effective January 18, 2016 the Eligible Countries List contains 84 countries, and the full list can be found on the USCIS website. [6] The list has expanded since it originally started: 16 new countries having been added as recently as November 2015. [12]

According to official regulations, a national from a country not on the list may only be the beneficiary of an approved H-2A petition if the Secretary of Homeland Security determines that it is in the U.S. interest for him or her to be the beneficiary of such a petition. [6]

A country may be added to the list based on a recommendation from the U.S. Department of State, the country's government, an employer that would like to hire nationals of the country in H-2A status, or any other interested party or parties. When designating countries to include on the list, the Secretary of Homeland Security, with the concurrence of the Secretary of State, will take into account factors including, but not limited to: [6]

  1. The country's cooperation with issuing travel documents for citizens, subjects, nationals and residents of that country who are subject to a final order of removal;
  2. The number of final and unexecuted (meaning completed but not yet carried out) orders of removal against citizens, subjects, nationals and residents of that country;
  3. The number of orders of removal executed against citizens, subjects, nationals and residents of that country; and
  4. Other factors as may serve the U.S. interest.

Visa application

If the beneficiary is already in the United States in a valid status and with no requirement to leave the United States, the beneficiary can simply transition to H-2A status. If the beneficiary is outside the United States, two additional steps are needed: [6]

Validity

Basic rules

Below are the basic rules governing the H-2A status: [6]

Calculation of interrupted stay

For workers who leave the United States temporarily, the following rules apply with respect to excluding time outside the United States: [13]

Note that the time needed outside the United States in order to qualify for an interrupted stay exceeds the maximum time permissible for automatic visa revalidation, which is 30 days.

If the worker is outside the United States for 3 months or more, the worker's clock is completely reset, and whenever the worker next returns on a H-2 visa, the worker's time in the United States starts from zero.

History

Introduction in 1986

The Immigration and Nationality Act of 1952 introduced a temporary unskilled worker category, the H-2 category. The Immigration Reform and Control Act of 1986 subdivided this category into two subcategories: the H-2A (an uncapped category for temporary agricultural workers) and H-2B (a capped category for temporary workers in other domains). The particular importance given to temporary agricultural workers was intended to balance the potential decline in the illegal immigrant population due to the increased border security and immigration enforcement provisions of the Act. [14]

Introduction of Premium Processing Service in 2001

On June 1, 2001, the Premium Processing Service was introduced at a price of $1000, available for Form I-129 petitions for most statuses, including the H-2A status. [15] In November 2010, the Premium Processing Service fee was hiked from $1000 to $1225 as part of a general change to the fee schedule for USCIS forms.

Changes to the Eligible Countries List

The Eligible Countries List for the H-2A was created through a rule published by the U.S. Department of Homeland Security on December 18, 2008 and effective January 17, 2009. [16] The list has grown gradually from 28 countries in the beginning to 84 countries as of 2016. Summarized below are the dates of various Federal Register announcements on updates to the list, with the total number of countries, number of new countries added, and the names of the new countries added. The dates listed below are the announcement dates. The date that the list becomes effective may be a little after the announcement date. Generally, updated lists become effective starting around January 17 or January 18 of the year.

DateSize of Eligible Countries ListNumber of new countriesNumber of removed countriesFull listNew countriesRemoved countries
December 18, 2008 [16] 28 Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Indonesia, Israel, Jamaica, Japan, Mexico, Moldova, New Zealand, Peru, Philippines, Poland, Romania, South Africa, South Korea, Turkey, Ukraine, United Kingdom
January 19, 2010 [17] 39110 Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Ethiopia, Guatemala, Honduras, Indonesia, Ireland, Israel, Jamaica, Japan, Lithuania, Mexico, Moldova, Netherlands, Nicaragua, New Zealand, Norway, Peru, Philippines, Poland, Romania, Serbia, Slovakia, South Africa, South Korea, Turkey, Ukraine, United Kingdom, Uruguay Croatia, Ecuador, Ethiopia, Indonesia, Ireland, Lithuania, Netherlands, Nicaragua, Norway, Serbia, Uruguay --
January 18, 2011 [18] 53151 Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, Vanuatu Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, Vanuatu Indonesia
January 18, 2012 [19] 5850 Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Montenegro, Nauru, Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Switzerland, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, Vanuatu Haiti, Iceland, Montenegro, Spain, Switzerland --
January 18, 2013 [20] 5910 Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Grenada, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Montenegro, Nauru, Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Switzerland, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, Vanuatu Grenada --
January 17, 2014 [21] 6340 Argentina, Australia, Austria, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Grenada, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Montenegro, Nauru, Netherlands, Nicaragua, New Zealand, Norway, Panama, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Switzerland, Thailand, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, Vanuatu Austria, Italy, Panama, Thailand --
December 16, 2014 [22] 6850 Argentina, Australia, Austria, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Grenada, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Madagascar, Mexico, Moldova, Montenegro, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Panama, Papua New Guinea, Peru, the Philippines, Poland, Portugal, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Sweden, Switzerland, Thailand, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, Vanuatu Czech Republic, Denmark, Madagascar, Portugal, Sweden --
November 18, 2015 [12] [23] 84160 Andorra, Argentina, Australia, Austria, Barbados, Belgium, Belize, Brazil, Brunei, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Finland, France, Germany, Greece, Grenada, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Kiribati, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Madagascar, Malta, Mexico, Moldova, Monaco, Montenegro, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Panama, Papua New Guinea, Peru, the Philippines, Poland, Portugal, Romania, Samoa, San Marino, Serbia, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, Timor-Leste, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, Vanuatu Andorra, Belgium, Brunei, Colombia, Finland, France, Germany, Greece, Liechtenstein, Luxembourg, Malta, Monaco, San Marino, Singapore, Taiwan, Timor-Leste --
January 18, 2018 [24] 8323 Andorra, Argentina, Australia, Austria, Barbados, Belgium, Brazil, Brunei, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Ethiopia, Estonia, Fiji, Finland, France, Germany, Greece, Grenada, Guatemala, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Kiribati, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Madagascar, Malta, Mexico, Moldova, Monaco, Mongolia, Montenegro, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Panama, Papua New Guinea, Peru, the Philippines, Poland, Portugal, Romania, San Marino, Serbia, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, St. Vincent and the Grenadines, Sweden, Switzerland, Taiwan, Thailand, Timor-Leste, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, Vanuatu Mongolia, St. Vincent and the Grenadines Belize, Haiti, Samoa

Statistics

Graphic from the Government Accountability Office showing the number of H-2A visas processed in Mexico according to location in the year 2011 Figure 3- Percent of Worldwide H-2A Visa Applications Processed by Posts in Mexico, Fiscal Year 2011 (8102675457) (cropped).jpg
Graphic from the Government Accountability Office showing the number of H-2A visas processed in Mexico according to location in the year 2011

Visa approvals by fiscal year and country

Note that the count below is of the number of visas issued by a United States consular officer. The years here are Fiscal Years, so for instance the year 2004 refers to the period from October 1, 2003 to September 30, 2004. These should approximately match but may not exactly match with the number of Form I-129 approvals of H-2A status by the United States Citizenship and Immigration Services, or the actual number of workers who arrive in the United States in H-2A status. [25] The countries included in the chart below are selected as the top users in Fiscal Year 2014. In addition to the top users of Fiscal Year 2014, Thailand and Haiti are included because they used to be bigger users of the program in past years. Note that the Eligible Countries List became active starting January 2009, so Haiti and Thailand had a dip in their usage between the time the list became active and the time they were added to the list.

As can be seen from the data below, Mexico has consistently accounted for over 90% of the use of the H-2A visa. Currently, the other source countries for H-2A visa holders are mostly from the Americas, in regions physically close to the United States. The biggest user from the African continent is South Africa (accounting for over 90% of usage from Africa) and the biggest user from Europe is Romania (accounting for about half of the usage from Europe). Also, whereas Mexico and Peru have been consistently strong users of the program since 1997 (when records started being kept), the usage by other countries has started more recently.

Fiscal YearTotal number of H-2A visas Mexico South Africa Guatemala Peru Honduras Nicaragua (became eligible in 2010) Romania Thailand (became eligible in 2014) Haiti (became eligible in 2012 and became ineligible again in 2018)
199716,01115,3350034902000
199822,67621,9696037870000
199928,56827,29317354681211000
200030,20128,44255193407621020
200131,52329,2739714458527134
200231,53829,0061,2090466127030
200329,88227,1171,3231748046311103
200431,77428,6831,3263961431143683393
200531,89228,5631,24787687151301503745
200637,14934,1951,0541108413146871178
200750,79147,3991,1591799002116615710110
200864,40459,6691,3755348872122524232558
200960,11255,6931,234807910812816611296
201055,92152,3171,12366083020194206110
201155,38451,9271,0186248092024016590
201265,34561,3241,122702993332601851158
201374,19269,7871,298982361173276164714
201489,27483,6741,5911,4537905253181951515
2015108,144102,1741,9471,4261,0191933631901750
2016134,368123,2312,3351,6808744003882022565
2017161,583147,2722,8003,4519424154452162964
2018196,409180,4203,5623,936946334483249361
2019204,801188,7584,8162,537974306593236320
2020213,394197,9085,5082,12353629969322440

Number of petitions approved by USCIS broken down by quarter and state

Since Fiscal Year 2012, the USCIS has released data on the number of H-2A petitions (Forms I-129) received, approved, and denied, broken down by quarter, U.S. state, and employer. [26] Note the following caveats:

Variation based on the quarter and state reflects seasonal and geographical differences in demand for agricultural labor. In FY 2017, more than half of all H-2A positioned were certified to work-sites in just five states: North Carolina, Washington (state), Florida, Georgia (U.S. state), and California. [27]

Data for some quarters is included below. [28] [29] [30]

State2012Q12012Q22012Q32012Q42013Q12013Q22013Q32013Q4
Alabama 77535624
Alaska 01000100
Arizona 35538391
Arkansas 6743051659268
California 171113712222217
Colorado 277730829543311
Connecticut 01400010
Delaware 11111112
District of Columbia 01000000
Florida 5919452265234758
Georgia 14294830311005672
Hawaii 31001001
Idaho 123887721838012724
Illinois 010920522
Indiana 22210300
Iowa 5917615112852
Kansas 225740131744257
Kentucky 414659117816194500322
Louisiana 110250147701752388490
Maine 5427532233
Maryland 13311332464
Massachusetts 02010200
Michigan 08300311
Minnesota 73931118382212
Mississippi 43518916241613
Missouri 24111255093
Montana 386321374
Nebraska 510915994
Nevada 171485657
New Hampshire 05816886775113126
New Jersey 0165001730
New Mexico 410422960
New York 89786614915278
North Carolina 10326226781101288227125
North Dakota 1185582113926731
Ohio 017900701
Oklahoma 1752452218614229
Oregon 01321211
Pennsylvania 0290401494
Rhode Island 00000000
South Carolina 113414950
South Dakota 2134311514332919
Tennessee 12981201282711
Texas 291459142421427858
Utah 211232161157138340130189
Vermont 11123174152430
Virginia 1252317161246030
Washington 1142112372541
West Virginia 01000100
Wisconsin 03000100
Wyoming 1072181198213017811085
Not reported by state1117002100
Total84726192435945285120791580

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Form I-129, Petition for a Nonimmigrant Worker is a form submitted to the United States Citizenship and Immigration Services used by employers or prospective employers to obtain a worker on a nonimmigrant visa status. Form I-129 is used to either file for a new status or a change of status, such as new, continuing or changed employer or title; or an amendment to the original application. Approval of the form makes the worker eligible to start or continue working at the job if already in the United States. If the worker is not already in the United States, an approved Form I-129 may be used to submit a visa application associated with that status. The form is 36 pages long and the instructions for the form are 29 pages long. It is one of the many USCIS immigration forms.

The United States Citizenship and Immigration Services (USCIS) issues a number of forms for people to submit to them relating to immigrant and non-immigrant visa statuses. These forms begin with the letter "I". None of the forms directly grants a United States visa, but approval of these forms may provide authorization for staying or extending one's stay in the United States as well as authorization for work. Some United States visas require an associated approved USCIS immigration form to be submitted as part of the application.

The Legal Immigration Family Equity Act of 2000, also known as the LIFE Act and as the Legal Immigration and Family Equity Act, along with its Amendments, made some changes to laws surrounding immigration for family members of United States citizens and Lawful Permanent Residents, as well as people eligible for employment-based immigrant visas, in the direction of making it easier for family members and immigrant workers to move to and adjust status within the United States. It was passed on December 21, 2000, as title XI of Pub. L.Tooltip Public Law  106–553 (text)(PDF).

<span class="mw-page-title-main">Form I-140</span> I-140, Immigrant Petition for Alien Worker

Form I-140, Immigrant Petition for Alien Worker is a form submitted to the United States Citizenship and Immigration Service (USCIS) by a prospective employer to petition an alien to work in the US on a permanent basis. This is done in the case when the worker is deemed extraordinary in some sense or when qualified workers do not exist in the US. The employer who files is called the petitioner, and the alien employee is called the beneficiary; these two can coincide in the case of a self-petitioner. The form is 6 pages long with a separate 10-page instructions document as of 2016. It is one of the USCIS immigration forms.

The term H-1B-dependent employer is used by the United States Department of Labor to describe an employer who meets a particular threshold in terms of the fraction of the workforce comprising workers in H-1B status. An employer classified as H-1B-dependent needs to include additional attestations in the Labor Condition Application used for the petition of any H-1B beneficiary being offered an annual compensation of less than $60,000 and without a master's degree. The notion was introduced by the American Competitiveness and Workforce Improvement Act (ACWIA) passed in 1998 and operationalized through the United States Department of Labor's Interim Final H-1B Rule of December 20, 2000. The regulation is found in 20 CFR 655.736 in the Code of Federal Regulations.

In the United States, the most common visa used for short-term trips is the B visa. This is a combination of the B-1 visa and the B-2 visa. People on B visas are generally not allowed to engage in productive work or study activities. However, in some cases, B visas can be issued that allow people to engage in some types of productive work and learning activity, in lieu of another visa. The three visa categories, for which a B visa could be issued instead, are the H-1B visa, H-3 visa, and J-1 visa. The U.S. Department of State recommends that consular officers clearly annotate such B visas to make the scope of the visa clear to the applicant and the U.S. Customs and Border Protection officer at the port of entry.

The H-1C visa was a visa that was previously available to foreign nationals seeking temporary employment in the United States. These visas were made available to foreign nurses coming into the United States to perform services as a registered nurse in areas with a shortage of health professionals as determined by the Department of Labor. The creation of this visa was prompted by a nursing shortage.

The H-1A visa was a visa that was previously available to foreign nationals seeking temporary employment in the United States. These visas were made available to foreign nurses coming into the United States to perform services as a registered nurse in areas with a shortage of health professionals as determined by the Department of Labor. The creation of this visa was prompted by a nursing shortage.

References

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