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Frequently Asked Questions

 

The H-2A visa program allows U.S. agricultural employers to hire foreign workers for temporary or seasonal agricultural jobs when they anticipate a shortage of domestic workers.

For Workers:
  1. What is the purpose of the H-2A visa program?
    Answer: To allow U.S. agricultural employers to hire foreign workers for temporary or seasonal agricultural jobs when they anticipate a shortage of domestic workers.
  2. How do I qualify for an H-2A visa?
    Answer: You must have a valid job offer from a U.S. employer for a temporary or seasonal agricultural job, meet the specific requirements set by the employer, and demonstrate that you will return to your home country after the temporary stay.
  3. What types of jobs are available through the H-2A program?
    Answer: Jobs related to planting, cultivating, harvesting, and processing crops, as well as other agricultural activities such as forestry, landscaping, and animal husbandry.
  4. Can I bring my family with me to the United States on an H-2A visa?
    Answer: Generally, no, but they may be eligible to apply for dependent visas under certain circumstances.
  5. How long can I stay in the United States on an H-2A visa?
    Answer: For the duration of the approved employment period, typically not exceeding one year, with possible extensions under certain circumstances.
  6. What are the working conditions and wages like for H-2A workers?
    Answer: Same as similarly employed U.S. workers in the same occupation and geographical area, with employers required to comply with all applicable federal and state labor laws.
  7. Are there any protections in place for H-2A workers' rights and safety?
    Answer: Yes, the program includes provisions to protect the rights and safety of H-2A workers, including requirements for employers to provide safe working conditions, access to medical care, and protections against discrimination and retaliation.
  8. Do I need to meet specific educational or skill requirements for an H-2A visa?
    Answer: No, but you must meet the qualifications specified by the sponsoring employer for the particular agricultural job.
  9. How do I apply for an H-2A visa?
    Answer: Your employer must file a petition with U.S. Citizenship and Immigration Services (USCIS) to sponsor you for an H-2A visa.
  10. Can I change employers while on an H-2A visa?
    Answer: No, you are authorized to work only for the employer who sponsored your visa petition.
  11. Will I be subject to taxes on my H-2A earnings?
    Answer: Yes, you will be subject to federal and state taxes, and your employer is required to withhold and report taxes accordingly.
  12. Can I travel outside the United States while on an H-2A visa?
    Answer: Yes, but you must have a valid H-2A visa and a passport valid for at least six months beyond your intended stay.
  13. How do I renew my H-2A visa?
    Answer: Your employer must file a new petition with USCIS to extend your H-2A status.
  14. Can I apply for a green card while on an H-2A visa?
    Answer: No, H-2A status is temporary and does not lead to permanent residency.
  15. What if I lose my job or my employer goes out of business?
    Answer: You may be eligible for a new H-2A visa with a different employer or may need to depart the United States.
  16. How do I file a complaint if I encounter issues with my H-2A employment?
    Answer: You can contact the U.S. Department of Labor or a local legal aid organization for assistance.
  17. Can I bring my tools or equipment with me to the United States?
    Answer: Yes, but you must declare them at the port of entry and comply with U.S. Customs regulations.
  18. Will I have access to healthcare while on an H-2A visa?
    Answer: Yes, your employer is required to provide access to medical care and workers' compensation insurance.
  19. Can I work for multiple employers while on an H-2A visa?
    Answer: No, you are authorized to work only for the employer who sponsored your visa petition.
  20. How do I contact the U.S. Department of Labor for assistance with my H-2A employment?
    Answer: You can contact the Wage and Hour Division or the Occupational Safety and Health Administration for assistance.
For Employers
  1. What is the purpose of the H-2A visa program?
    Answer: To allow U.S. agricultural employers to hire foreign workers for temporary or seasonal agricultural jobs when they anticipate a shortage of domestic workers.
  2. How do I determine if I am eligible for the H-2A program?
    Answer: You must demonstrate that there are not enough U.S. workers available to fill the temporary or seasonal agricultural jobs and that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  3. What types of agricultural jobs are eligible for the H-2A program?
    Answer: Jobs related to planting, cultivating, harvesting, and processing crops, as well as other agricultural activities such as forestry, landscaping, and animal husbandry.
  4. How do I apply for an H-2A visa to hire foreign agricultural workers?
    Answer: File a Form ETA-9142A, Application for Temporary Employment Certification, with the U.S. Department of Labor to obtain a temporary labor certification.
  5. What is the process for obtaining a temporary labor certification?
    Answer: File the application with the U.S. Department of Labor, which will review it to ensure that you have met the requirements for the H-2A program.
  6. How long is the temporary labor certification valid?
    Answer: Typically for a period of one year, but may be extended under certain circumstances.
  7. How many H-2A workers can I hire?
    Answer: The number of workers you are authorized to hire is specified on your temporary labor certification.
  8. What are the requirements for providing housing to H-2A workers?
    Answer: You must provide free housing that meets specific standards, including sanitation and safety requirements.
  9. What are the requirements for providing transportation to H-2A workers?
    Answer: You must provide transportation between the worksite and housing, as well as transportation to the workers' home country at the end of the contract period.
  10. What are the wage requirements for H-2A workers?
    Answer: You must pay H-2A workers the same wages as similarly employed U.S. workers in the same occupation and geographical area.
  11. What benefits must I provide to H-2A workers?
    Answer: You must provide workers' compensation insurance and access to medical care.
  12. How do I ensure compliance with H-2A program requirements?
    Answer: Familiarize yourself with the regulations, maintain accurate records, and seek guidance from legal counsel or experienced immigration professionals when needed.
  13. What are the consequences of non-compliance with H-2A program requirements?
    Answer: Penalties, fines, and revocation of certification.
  14. Can I use subcontractors to fulfill my labor needs under the H-2A program?
    Answer: Yes, but you remain ultimately responsible for ensuring compliance with program requirements.
  15. How do I handle taxes for H-2A workers?
    Answer: You must withhold and report federal and state taxes, and provide workers with a W-2 form.
  16. What if I need to terminate an H-2A worker's employment?
    Answer: You must follow the procedures outlined in the H-2A regulations and provide written notice to the worker.
  17. Can I hire H-2A workers for year-round employment?
    Answer: No, the H-2A program is for temporary or seasonal employment only.
  18. How do I renew my temporary labor certification?
    Answer: File a new application with the U.S. Department of Labor before the expiration of the current certification.
  19. Can I transfer an H-2A worker to another worksite?
    Answer: Yes, but you must obtain prior approval from the U.S. Department of Labor.
  20. How do I contact the U.S. Department of Labor for assistance with the H-2A program?
    Answer: Contact the Wage and Hour Division or the Occupational Safety and Health Administration for assistance.

The H-2B visa program allows U.S. nonagricultural employers to hire foreign workers for temporary or seasonal nonagricultural jobs when they anticipate a shortage of domestic workers.

For Workers
  1. What is the purpose of the H-2B visa program?
    Answer: The H-2B visa program allows U.S. nonagricultural employers to hire foreign workers for temporary or seasonal nonagricultural jobs when they anticipate a shortage of domestic workers.
  2. Which industries commonly utilize the H-2B program?
    Answer: Industries such as landscaping, hospitality, construction, and food processing commonly utilize the H-2B program.
  3. How do I initiate the process to obtain an H-2B visa?
    Answer: The process begins with your U.S. employer filing a petition with U.S. Citizenship and Immigration Services (USCIS) to sponsor you for an H-2B visa.
  4. What are the prerequisites for individuals seeking H-2B employment?
    Answer: You must have a job offer from a U.S. employer, meet the requirements for the job, and demonstrate that you will return to your home country after the temporary stay.
  5. What is the duration of stay permitted for H-2B workers in the U.S.?
    Answer: H-2B workers are authorized to stay in the U.S. for up to 10 months, with possible extensions under certain circumstances.
  6. Can H-2B workers expect fair wages and working conditions?
    Answer: Yes, H-2B workers are entitled to the same wages and working conditions as similarly employed U.S. workers.
  7. What is the annual numerical cap for H-2B visas, and are there any exemptions?
    Answer: The annual cap is 66,000 visas, with an additional 64,716 visas available for FY 2024. Some workers, such as fish roe processors, are exempt from the cap.
  8. Are there any specific job categories excluded from the H-2B program?
    Answer: Yes, certain jobs, such as nursing and other healthcare occupations, are excluded from the H-2B program.
  9. What documentation is required to demonstrate intent to return to the home country after the temporary stay?
    Answer: You must provide documentation, such as a return ticket or a letter from your employer, to demonstrate your intent to return home.
  10. In what circumstances can H-2B workers apply for visa extensions beyond the initial 10-month period?
    Answer: Extensions are possible if your employer needs you to continue working, or if you are changing employers or jobs.
  11. Are there any restrictions on the geographical locations where H-2B workers can be employed?
    Answer: No, H-2B workers can be employed anywhere in the U.S.
  12. How does the H-2B program address issues related to worker safety and protection?
    Answer: The program includes provisions to protect workers' safety and rights, including requirements for fair wages and safe working conditions.
  13. Are there any educational or skill requirements for H-2B visa applicants?
    Answer: You must meet the requirements specified by your U.S. employer for the particular job.
  14. Can H-2B workers bring their families with them to the United States?
    Answer: No, H-2B workers are not authorized to bring their families to the U.S.
  15. Are there any language proficiency requirements for H-2B visa applicants?
    Answer: You must have sufficient English proficiency to perform the job, but there is no specific language proficiency requirement.
H2B Employer FAQ
  1. What is the H-2B visa program?
    The H-2B visa program allows U.S. employers to hire foreign workers for temporary non-agricultural jobs.
  2. What is meant by "temporary need"?
    An employer's need is considered temporary if it is a one-time occurrence, seasonal, peak load or intermittent.
  3. How can I apply for an H2B visa?
    You can apply by filing Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf.
  4. What are the criteria for determining an employer's eligibility?
    The employer must establish that there are not enough U.S. workers who are able, willing, qualified and available to do the temporary work, and that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  5. What are the costs associated with the H-2B visa?
    You will need to pay the fees associated with Form I-129.
  6. What types of jobs are eligible for the H2B program?
    Temporary non-agricultural jobs are eligible.
  7. What are the requirements for H2B workers?
    The workers must be from countries that the secretary of homeland security has designated as eligible to participate in the H-2B program.
  8. How long can H2B workers stay in the United States?
    H-2B classification may be granted for up to the period of time authorized on the temporary labor certification. H-2B classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2B classification is 3 years.
  9. What are the working conditions and wages for H2B workers?
    H-2B workers are entitled to the same wages and working conditions as similarly employed U.S. workers.
  10. What is the Numerical Cap for H2B Visas each year?
    The numerical limit, or "cap," on the total number of noncitizens who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year is 66,000.

Family-based green cards FAQ's

Green Card
  1. What is a family-based green card?
    Answer: A family-based green card allows a foreign-born individual to become a permanent resident of the United States based on their relationship with a family member who is a U.S. citizen or permanent resident.
  2. Who is eligible for a family-based green card?
    Answer: Spouses, parents, and unmarried children (under 21) of U.S. citizens, as well as spouses and unmarried children (under 21) of permanent residents, are eligible.
  3. How do I apply for a family-based green card?
    Answer: The U.S. citizen or permanent resident family member must file a petition (Form I-130) with U.S. Citizenship and Immigration Services (USCIS) to sponsor their foreign-born family member.
  4. What is the process for obtaining a family-based green card?
    Answer: The process involves filing a petition, waiting for processing and approval, applying for an immigrant visa at a U.S. embassy or consulate (if outside the U.S.), and entering the U.S. and receiving a green card.
  5. How long does the process take?
    Answer: Processing times vary, but typically take several months to several years, depending on the category and country of origin.
  6. Can I apply for a green card if I am already in the United States?
    Answer: Yes, if you are in the U.S. legally, you may be eligible to adjust status (Form I-485) to become a permanent resident without leaving the country.
  7. What is the difference between a conditional and unconditional green card?
    Answer: A conditional green card (CR-1) is issued to spouses of U.S. citizens who have been married for less than two years, while an unconditional green card (IR-1) is issued to spouses who have been married for more than two years.
  8. How do I maintain my green card status?
    Answer: To maintain your status, you must reside in the U.S., not commit any crimes or violate immigration laws, file taxes, and report any changes of address or employment.
  9. Can I bring my family members with me to the United States?
    Answer: Yes, as a green card holder, you can sponsor your spouse and unmarried children under 21 for green cards.
  10. What are the benefits of having a family-based green card?
    Answer: A green card allows you to live and work permanently in the U.S., travel freely in and out of the U.S., apply for U.S. citizenship after meeting eligibility requirements, and sponsor other family members for green cards.
  11. How do I sponsor my spouse for a green card?
    Answer: File a petition (Form I-130) with USCIS, provide documentation of your marriage and relationship, and wait for processing and approval.
  12. How do I sponsor my parents for a green card?
    Answer: File a petition (Form I-130) with USCIS, provide documentation of your relationship, and wait for processing and approval.
  13. How do I sponsor my children for a green card?
    Answer: File a petition (Form I-130) with USCIS, provide documentation of your relationship, and wait for processing and approval.
  14. What is the age limit for sponsoring children?
    Answer: Unmarried children under 21 are eligible for green cards.
  15. Can I sponsor my siblings for a green card?
    Answer: Yes, U.S. citizens can sponsor their siblings for green cards.
  16. How do I apply for a green card if I am a widow or widower of a U.S. citizen?
    Answer: File a petition (Form I-360) with USCIS, provide documentation of your marriage and relationship, and wait for processing and approval.
  17. How do I apply for a green card if I am a divorced spouse of a U.S. citizen?
    Answer: You may be eligible for a green card if you were married to the U.S. citizen for at least two years and have a qualifying connection to the U.S.
  18. Can I apply for a green card if I am a same-sex spouse of a U.S. citizen?
    Answer: Yes, same-sex spouses are eligible for green cards.
  19. How do I apply for a green card if I am a stepchild of a U.S. citizen?
    Answer: Your U.S. citizen stepparent must file a petition (Form I-130) with USCIS, provide documentation of your relationship, and wait for processing and approval.
  20. How do I apply for a green card if I am an adopted child of a U.S. citizen?
    Answer: Your U.S. citizen adoptive parent must file a petition (Form I-130) with USCIS, provide documentation of your adoption and relationship, and wait for processing and approval.
  21. What is the medical examination requirement for green card applicants?
    Answer: Applicants must undergo a medical examination by a designated civil surgeon to ensure they do not have any health issues that
U.S. citizenship FAQ'S
  1. What is the process for becoming a U.S. citizen?
    Answer: The process involves meeting eligibility requirements, preparing and submitting Form N-400, attending a biometrics appointment, attending an interview, taking the Oath of Allegiance, and receiving a Certificate of Naturalization.
  2. What are the eligibility requirements for U.S. citizenship?
    Answer: Applicants must be at least 18, have continuous U.S. residence, have physical presence in the U.S., demonstrate good moral character, demonstrate attachment to the U.S. Constitution, and pass English and civics tests.
  3. How do I prepare for the U.S. citizenship test?
    Answer: Study the civics and history of the U.S., practice English reading and writing, and review the naturalization process.
  4. What is the naturalization process?
    Answer: The process involves meeting eligibility requirements, preparing and submitting Form N-400, attending a biometrics appointment, attending an interview, taking the Oath of Allegiance, and receiving a Certificate of Naturalization.
  5. How long does the naturalization process take?
    Answer: Processing times vary, but typically take several months to a year or more.
  6. Can I apply for U.S. citizenship if I am a green card holder?
    Answer: Yes, green card holders who meet eligibility requirements can apply for U.S. citizenship.
  7. Can I apply for U.S. citizenship if I am a refugee or asylee?
    Answer: Yes, refugees and asylees who meet eligibility requirements can apply for U.S. citizenship.
  8. What is the difference between U.S. citizenship and permanent residence?
    Answer: U.S. citizenship provides greater rights and privileges, including voting and running for public office.
  9. How do I maintain my U.S. citizenship status?
    Answer: Maintain continuous U.S. residence, file taxes, and avoid criminal activity.
  10. Can I lose my U.S. citizenship?
    Answer: Yes, U.S. citizenship can be lost through denaturalization or renunciation.
  11. How do I obtain a U.S. passport?
    Answer: Apply for a U.S. passport through the U.S. Department of State.
  12. What is the difference between a U.S. passport and a Certificate of Naturalization?
    Answer: A U.S. passport is a travel document, while a Certificate of Naturalization is proof of U.S. citizenship.
  13. Can I vote in U.S. elections as a U.S. citizen?
    Answer: Yes, U.S. citizens can vote in federal, state, and local elections.
  14. Can I run for public office as a U.S. citizen?
    Answer: Yes, U.S. citizens can run for public office.
  15. How do I register to vote as a U.S. citizen?
    Answer: Register to vote through your state or local election office.
  16. What is the Oath of Allegiance?
    Answer: The Oath of Allegiance is a promise to support and defend the U.S. Constitution and laws.
  17. What is the naturalization ceremony?
    Answer: The naturalization ceremony is a public event where applicants take the Oath of Allegiance and receive a Certificate of Naturalization.
  18. Can I bring my family members to the U.S. as a U.S. citizen?
    Answer: Yes, U.S. citizens can sponsor family members for green cards.
  19. How do I sponsor my spouse for a green card?
    Answer: File a petition (Form I-130) with USCIS, provide documentation of your marriage and relationship, and wait for processing and approval.
  20. How do I sponsor my parents for a green card?
    Answer: File a petition (Form I-130) with USCIS, provide documentation of your relationship, and wait for processing and approval.
  21. How do I sponsor my children for a green card?
    Answer: File a petition (Form I-130) with USCIS, provide documentation of your relationship, and wait for processing and approval.
  22. What is the difference between a U.S. citizen and a U.S. national?
    Answer: U.S. citizens have greater rights and privileges, while U.S. nationals have limited rights and privileges.
  23. Can I hold dual citizenship?
    Answer: Yes, the U.S. allows dual citizenship.
  24. How do I obtain proof of U.S. citizenship?
    Answer: Obtain a Certificate of Naturalization or a U.S. passport.
  25. Can I travel abroad as a U.S. citizen?
    Answer: Yes, U.S. citizens can travel abroad with a valid U.S. passport.
  26. How do I renew my U.S. passport?
    Answer: Renew your U.S. passport through the U.S. Department of State.
  27. Can I vote in U.S. elections from abroad?
    Answer: Yes, U.S. citizens can vote in federal elections from abroad.
  28. How do I register to vote from abroad?
    Answer: Register to vote through the Federal Voting
Biden Humanitarian Parole Program
Q: What is the Biden Humanitarian Parole Program?
A: The program provides a temporary, two-year parole to individuals from Cuba, Haiti, Nicaragua, and Venezuela, allowing them to enter and remain in the United States due to humanitarian reasons.
Q: Is the program a path to permanent residence?
A: While the program itself is temporary, beneficiaries may be eligible to apply for permanent residence through other means, such as family-based or employment-based immigration, or through asylum.
Q: How can I apply for the program?
A: Eligible individuals must have a sponsor in the United States, file a Form I-134A (Online Request for Humanitarian Parole), and provide supporting documentation.
Q: Who is eligible to sponsor?
A: U.S. citizens, lawful permanent residents, and certain noncitizens with a valid immigration status can sponsor applicants.
Q: Can I apply for a green card while on parole?
A: Yes, parolees may be eligible to apply for a green card through family-based or employment-based immigration, or through asylum.
Q: How do I maintain my parole status?
A: Parolees must comply with the terms and conditions of their parole, including reporting requirements and maintaining a valid address.
Q: Can I travel outside the United States while on parole?
A: Parolees may travel abroad, but must obtain advance permission (Form I-131) and ensure their parole remains valid.
Q: How do I apply for permanent residence?
A: Parolees may file a Form I-485 (Application to Register Permanent Residence or Adjust Status) or pursue other available immigration options.
Q: What if my parole is revoked or not renewed?
A: Individuals may be subject to removal proceedings if their parole is revoked or not renewed.
_______________________________
Here are some frequently asked questions and answers on how to submit the Biden Humanitarian Parole Program I-134A for a green card:
Q: Who can file Form I-134A?
A: U.S. citizens, lawful permanent residents, and certain noncitizens with a valid immigration status can file Form I-134A to sponsor an individual for humanitarian parole.
Q: Who is eligible for humanitarian parole?
A: Individuals from Cuba, Haiti, Nicaragua, and Venezuela who are outside the United States and require urgent humanitarian assistance may be eligible.
Q: How do I submit Form I-134A?
A: File the form online through the U.S. Citizenship and Immigration Services (USCIS) website or by mail to the designated address.
Q: What documents do I need to submit?
A: You will need to provide supporting documentation, including:
* A copy of your valid government-issued ID
* Proof of relationship with the beneficiary (if applicable)
* Proof of income or financial support
* A written statement explaining the humanitarian reason for the parole request
Q: How long does the process take?
A: Processing times vary, but USCIS aims to process applications within 90 days.
Q: How much does it cost to file Form I-134A?
A: There is no filing fee for Form I-134A.
Q: Can I check the status of my application?
A: Yes, you can check your application status online through the USCIS website or by contacting the USCIS Contact Center.
Q: How do I receive my parole authorization?
A: If approved, you will receive an electronic parole authorization document via email.
Q: Can I apply for a green card while on parole?
A: Yes, parolees may be eligible to apply for a green card through family-based or employment-based immigration or through asylum.
Remember to consult the official government websites and/or consult with an experienced immigration attorney for the most up-to-date and accurate information.
 
Note: Please consult the official government websites and/or consult with an experienced immigration attorney for the most up-to-date and accurate information.
UCIS FORM
Actions Name Questionnaire Link
Select H2B Visa Application Click to Apply
Select I-821Temporary Protected Status Click to Apply
Select I -589 Application for Asylum Click to Apply
Select N-400 Naturalization Click to Apply
Select I -539 Extend/Change Nonimmigrant Status Click to Apply
Select I-485 Adjustment of Status Click to Apply
Select I 821D DACA Click to Apply
Select Employment-Based Click to Apply
Select Form I-140 Click to Apply
Select Replacement of I-94 Card Click to Apply
Select I-754 Removal of Conditions Click to Apply
Select TN Petition Click to Apply
Select Greencard Renewal/Replacement Click to Apply
Select Employment Authorization Document I-765 Click to Apply
Select I-130 Immediate Relative Click to Apply
Select I-130 Priority Petition Click to Apply
Select I-130 Foreign Beneficiary Click to Apply
Select i-140 IV Extraordinary Ability Click to Apply
Select Multinational Manager or Executive (EB-1) Click to Apply
Select Outstanding Professor or Researcher (EB-1) Click to Apply
Select Skilled or Professional Worker (EB-3 Click to Apply
Select Naturalization Click to Apply
Select Employment Authorization Document1 Click to Apply
Select I VISA Click to Apply
Select I-824 Duplicate Approval notice Click to Apply
Select Dependent visa Click to Apply
Select Perm Click to Apply