The recent increases in Requests for Evidence resulting from the Validation Instrument for Business Enterprises system, prompted USCIS to issue the following notice.
Due to the time-sensitive nature of agricultural work, U.S. Citizenship and Immigration Services (USCIS) expedites all H-2A “temporary or seasonal agricultural worker” petitions. However, some recent H-2A petitions have experienced unexpected delays due to Requests for Evidence (RFEs) resulting from the use of the Validation Instrument for Business Enterprises (VIBE). As delays in adjudication are especially burdensome for H-2A petitioners, we are providing an H-2A Optional Checklist as well as a Questions & Answers document to help petitioners ensure that their petitions are expeditiously processed. Additionally, USCIS will hold a public engagement in the near future to provide USCIS and H-2A employers, associations and agents the opportunity to discuss best filing practices. Until such time, USCIS is temporarily suspending the use of VIBE in the H-2A Program. Use of VIBE will resume after 45 days of the date of this USCIS Update on July 18, 2011.
USCIS is taking measures to carefully review all pending H-2A petitions filed prior to this clarification notice.
- What is H2A visa?
- What is meant by ‘temporary or seasonal nature’ of agricultural labor?
- What privileges do I enjoy on H-2A visa?
- What are the limitations of H-2A visa?
- What are the requirements for H-2A visa employer?
- What are the requirements for H-2A visa applicant?
Q: Why do you want to go to USA?
A: Tell the reason for your visit to USA, e.g. if you are going for H1B visa, you can mention “I will be working for XYZ company”. If you are applying as a dependent, you can say that you are accompanying your spouse to USA. If you are parents going to visit your children, you may answer that you are visiting your children.
Q: For how long will you be in USA?
A: Mention the length of your trip.
What are the annual limits for H-2B visas?
There is a statutory numerical limit on the number of H2B Visas issued in a fiscal year(FY) under the Immigration and Nationality Act (INA). Congress has set a yearly limit of 66,000 H2B visas.
They are divided into two periods: 33,000 available for workers beginning in the first half of the FY (October 1 – March 31) and 33,000 available for workers starting in the second half of the fiscal year (April 1 – September 30), plus any unused numbers from the first half of the FY.
However, the unissued number from one FY cannot be carried over to the next.
The numerical limit for FY 2022 was different because the Department of Homeland Security and the Department of Labor published a joint temporary final rule on January 28, 2022. As a result, the numerical limit on H-2B nonimmigrant visas was increased by 20,000 additional visas during the FY 2022 for positions with start dates on or before March 31, 2022.
The DOH and DOL did not stop with the first half of the FY; on March 31, 2022, another historical publication added 35,000 H-2B visas to the second half of the fiscal year 2022. The addition is expected to attract many H2B workers to work in nonagricultural jobs in the United States.
Workers Who Are Exempted from the H-2B Cap limitation :
It is also worth noting that the limit does not apply to the spouse and children of H-2B workers classified as H-4 nonimmigrants.
Who Qualifies for an H2A Visa?
You don’t have to meet specific eligibility criteria to qualify for the H2A visa. Typically, H2A visa beneficiaries are 18 years or older, but the minimum age requirement will depend on the type of job you are applying for and any applicable restrictions under state or labor laws.
Most of the H2A visa requirements related to your U.S. employer (who will be your H2A visa petitioner) and the specific job they are offering.
Here are the requirements that apply:
H2A petitions will only be approved for nationals from countries that the secretary of Homeland Security has selected as eligible. This list of countries is published in the Federal Register notice every year. The designation as an eligible country is valid for one year from the notice being published. To see the latest list of designated countries, take a look here.
FAQ
What questions are asked in visa interview?
- What is the purpose of your visit to the US? …
- Have you been to the US before? …
- Do you have relatives or friends currently in the US? …
- Details on your friends / relatives in the US. …
- Where will you be residing in the United States?
How long does an H2A visa take to process?
Is there interview for h2b visa?
Who qualifies for H2A visa?
