Temporary work visa programs

Learn about the basic steps for hiring new workers through the H-2A visa program and for extending the employment contract for current H-2A workers. Then create your personalized H-2A visa checklist through our interactive tool.

The H-2A visa application and extension processes generally involve these steps and federal agencies. The standard filing process for hiring H-2A workers should take around 75 days and will include the following steps. The farmer should consider the emergency filing process if H-2A workers are needed in less than 75 days. Then the farmer should follow the same steps as a standard filing. Farmers will need to provide justification for using the emergency filing process.

Answer a few short questions to create your personalized H-2A visa checklist for hiring temporary agricultural workers from other countries. Use this table to understand and estimate the costs you'll be responsible for when hiring and employing foreign workers under the H-2A Visa Program. For more information, see the U. H-2A workers aren't required to pay Social Security and Medicare taxes on their wages. In addition, the employer is not required to pay these taxes on the worker either.

Workers may owe U. If both the worker and the employer agree to withhold federal income tax, employers can withhold. In order for the employer to withhold taxes from the worker's compensation, the worker must complete and return Form W-4, Employee's Withholding Allowance Certificate, to the employer.

Review the workers compensation laws for your state. Keep these laws and obligations in mind throughout the H-2A application and work contract period.

E-Verify is a federal program that allows enrolled employers to confirm the eligibility of their employees to work in the United States.

E-Verify is a voluntary program. However, these types of employers may be required to use the program:. Those with federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause. Still have questions? Contact tlc. H-2A Visa Program. H-2A Visa Program Are you a farmer who needs seasonal or temporary workers for planting, cultivating, and harvesting crops but domestic workers are in short supply?

Get started here by: Learning the H-2A visa application basics Creating a personalized H-2A visa application checklist built around your hiring needs Estimating the costs of hiring workers through the H-2A visa program Already started an H-2A visa application? Embassies and Consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses.

Please reference the specific guidance on the visa category for which you are applying for more details on documentation required for derivative spouses. There are several steps in the visa application process. The order of these steps and how you complete them may vary at the U. Embassy or Consulate where you apply.

Please consult the instructions available on the embassy or consulate website where you will apply. While interviews are generally not required for applicants of certain ages outlined below, consular officers have the discretion to require an interview of any applicant, regardless of age. If you are age: Then an interview is: 13 and younger Generally not required 14 - 79 Required some exceptions for renewals 80 and older Generally not required.

You must schedule an appointment for your visa interview, generally, at the U. Embassy or Consulate in the country where you live. You may schedule your interview at any U. Embassy or Consulate, but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence.

Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply:. Check the estimated wait time for a nonimmigrant visa interview appointment as a U. Embassy or Consulate. A wait time listed as " calendar days" indicates that the Consular Section is only providing that service to emergency cases. Please check the Embassy or Consulate website for further information.

You will need to provide the receipt number that is printed on your approved Petition for a Nonimmigrant Worker, Form I, or Notice of Action, Form I, to schedule an interview.

Review the instructions available on the website of the embassy or consulate where you will apply to learn more about fee payment. L visa applicants included in a L blanket petition : You must also pay the Fraud Prevention and Detection fee and may need to pay the Border Security Act fee.

Select All Fees to learn more. Review this important pamphlet before applying for your visa. Review the instructions on how to apply for a visa on the website of the embassy or consulate where you will apply. Additional documents may be requested to establish if you are qualified. All visa applicants, except H-1B and L, will generally need to show proof of compelling ties to your home country to demonstrate your intent to return after your temporary stay in the United States.

Examples of compelling ties include:. During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel.

You will need to establish that you meet the requirements under U. Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location. After your visa interview, your application may require further administrative processing. You will be informed by the consular officer if further processing is necessary for your application.

When the visa is approved, you may pay a visa issuance fee if applicable to your nationality, and will be informed how your passport with visa will be returned to you. Review the visa processing time , to learn how soon your passport with visa will generally be ready for pick-up or delivery by the courier. A visa allows a foreign citizen to travel to a U. A visa does not guarantee entry into the United States.

See Extend Your Stay on the U. You must depart the United States on or before the date indicated on your admission stamp or paper Form I, unless your request to extend your stay is approved by USCIS. Failure to depart the United States on time will result in you being out of status. Under U. If you had a multiple-entry visa and it was voided due to you being out of status, it will not be valid for future entries into the United States. Failure to depart the United States on time may also result in you being ineligible for visas you may apply for in the future.

While in the United States, you may be able to request that U. Requesting a change of status from USCIS while you are in the United States and before your authorized stay expires does not require that you apply for a new visa. The approval of a petition does not guarantee that you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa. Spouse and Children — With the exception of Cultural Exchange Visitor Q-1 visa applicants, your spouse and unmarried, minor children may also apply for the same visa category as you to accompany or join you.

You must be able to show that you will be able to financially support your family in the United States. Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid U. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States.

Review Visa Denials for detailed information about visa ineligibilities, denials and waivers. Whether you are applying for the first time or renewing your visa, you will use the same application process please review How to Apply , above. Some applicants seeking to renew their visas in certain visa classes may be eligible for the Interview Waiver Program IWP which allows qualified individuals to apply for visa renewals without being interviewed in person by a U.

Review the instructions on the website of the U. Embassy or Consulate where you will apply to determine if the IWP is available and if you qualify. Yes, if you feel circumstances have changed regarding your application.

Review Visa Denials to learn more. Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.

Review Ineligibilities and Waivers: Laws. Citizens of Canada and Bermuda do not require visas to enter the United States as temporary workers; however, a temporary worker petition approved by USCIS is required.

For more information see the U. Embassy Ottawa website , the U. Consulate Hamilton website and the CBP website. Additional resources for Canadian temporary workers to the United States can be found on the U. Embassy Ottawa website in Canada. Embassy or Consulate Customer Service Statement. You are about to leave travel. Department of State. Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.

Department of State of the views or products contained therein. If you wish to remain on travel. Cancel GO. Systems Alert. Skip to main content. Gov Travel. Passports International Travel U. Stay Connected.