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H-2A Visa
An H-2A visa allows a foreign national entry into the U.S. for temporary or seasonal 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 nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Currently in the United States there are about 30,000 temporary agricultural workers under this visa program. All of these workers are supposed to be covered by U.S. wage laws, workers' compensation and other standards,〔Violations Undercut U.S. Position on Labor Rights and Trade. 31 Aug. 2000. Human Rights Watch, New York, New York. 4 Dec. 2007 ((link ))〕 but covert debt bondage may be present.
== Process of Employment ==
Employers anticipating a shortage of agricultural workers and in need must apply at least 45 days before certification is necessary. This includes a requirement of an active effort, including newspaper and radio advertising, to recruit U.S. workers 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. The employer must agree to give preference and engage in active recruitment of U.S. workers. The H-2A certification is valid for up to 364 days. As temporary or seasonal agricultural employment, the work is performed during 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.〔(2005). H2A Program (Agricultural). Retrieved December 1, 2007, from Federation of Employers and Workers of America, Washington DC. Web site: ()〕
Before the U.S. Citizenship and Immigration Services (USCIS) can approve an employer's petition for such workers, the employer must file an application with the U.S. Department of Labor stating that there are not sufficient workers who are able, willing, qualified, and available, and that the employment of aliens will not adversely affect the wages and working conditions of similarly employed U.S. workers. The statute and departmental regulations provide for numerous worker protections and employer requirements with respect to wages and working conditions that do not apply to nonagricultural programs. The Department's Employment and Training Administration (ETA) administers the labor certification program, while the Wage and Hour Division, Employment Standards Administration (ESA) has responsibility for enforcing provisions of worker contracts.〔Employment & Training Administration: H-2A Certification for Temporary or Seasonal Agricultural Work. 28 Nov. 2007. U.S. Department of Labor, Washington D.C.. 2 Dec. 2007 ()〕〔(Steps and documents to get a H-2A Visa )〕
In employing a worker, the employer must guarantee to offer each worker employment for at least three-fourths of the workdays in the term of the contract period. If the employer affords less employment, then the employer is obligated to pay the amount which they would have earned if they had worked the contracted period.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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