$14/hr Farm Worker Visa Guide For California, US

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As one of the largest countries on earth, the United States of America has an astonishingly large agricultural industry. Farming is big business in the US and each year, the country issues visas to thousands of migrant workers who wish to relocate and work in its farmlands. Collectively, there are about 893.4 million acres of farmland across the country.

In 2022, the total number of farms in the U.S. stood at just over two million. These farms vary in size, but on average, they cover approximately 446 acres each.

The U.S. agriculture sector extends beyond the farm business to include related industries. Agriculture, food, and related sectors contribute 5.6 percent to the U.S. gross domestic product (GDP). These sectors also provide 10.4 percent of U.S. employment. Americans’ expenditures on food account for an average of 12.8 percent of household budgets. 

Visa Pathways For Immigrant Farm Workers in California 

There are many visa options available for migrants who wish to come to California and work in the state’s agricultural sector. In the next part of this article, we shall be discussing the top pathways and how you can leverage them to your advantage.

1- The H-2A Temporary Agricultural Program

The H-2A temporary agricultural program is a special visa program that allows agricultural employers in the United States to bring nonimmigrant foreign workers to perform agricultural labor or services of a temporary or seasonal nature. This visa program is designed specifically to help farmers address labor shortages in the agricultural sector.

Through this visa class, US employers can hire foreign workers when there are not enough willing and qualified U.S. workers available. Seasonal employment is tied to specific times of the year, while temporary employment lasts no longer than one year. The program includes protections for H-2A workers, including wage rates and working conditions. Also, the Wage and Hour Division enforces obligations applicable to employers and workers.

For employers to be eligible to hire foreign workers through this visa class, they  must demonstrate that there are insufficient U.S. workers available for the specific agricultural job. Additionally, hiiring H-2A workers should not adversely affect wages and working conditions for U.S. workers in similar roles. The Department of Labor (DOL) administers the program, reviewing applications and issuing temporary labor certifications.

Application Process

The application process for this special agricultural program is a very straightforward process. Employers must complete the following steps in the H-2A Temporary Labor Certification process:

1. Labor Certification: The U.S. employer seeking to employ foreign workers must first obtain a temporary labor certification from the Department of Labor (DOL). This certification confirms that there are not enough willing and qualified U.S. workers available for the specific agricultural job. The employer completes this step through the Foreign Labor Application Gateway (FLAG) online filing system.
2. Form I-129 Petition: After receiving the labor certification, the employer will then file Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS). This form is submitted on behalf of the prospective H-2A worker.
3. Visa Application: Prospective H-2A workers who are outside the United States must apply for an H-2A visa in the U.S. Embassy or Consulate in their home country. Once the visa is approved, they can seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry.

Required Documentation 

When preparing for your H-2A visa interview, it is important that make sure you have the following required documents readily available:

• Valid Passport: Ensure that your passport has at least 6 months validity beyond your intended period of stay in the United States.
• Confirmation Page of DS-160 Form: You must fill and complete the DS-160 Nonimmigrant Visa Application online and print the confirmation page.
• Receipt of Form DS-160: Also endeavor to keep a copy of the receipt as evidence of your application.
• Form I-129 and Form I-797: These forms are essential for your H-2A visa application.
• Photograph: You would also need to provide a photograph that meets the visa requirements.

2- The EB-3 Visa

The next reliable pathway willing workers can leverage to get access to the US is the EB-3 Visa class. The EB-3 Visa is an employment-based permanent residency category in the United States. The primary benefit of this visa class is that it make it easy for successful applicants to obtain permanent resident status, commonly known as a Green Card.

As a Green Card holder, you can live and work in the U.S. indefinitely. You’ll have the freedom to change jobs, pursue further education, and enjoy most of the rights and privileges of U.S. citizens. EB-3 visa holders can also include their spouse and unmarried children under 21 in their application. Family members can also receive Green Cards and live in the U.S.

As a permanent resident, you’ll have access to social benefits such as Medicare and Social Security. You can also sponsor eligible family members for Green Cards. Green Card holders can travel freely in and out of the U.S. without worrying about visa expiration. You’ll be eligible for a Reentry Permit  if you plan to stay outside the U.S. for an extended period.

After maintaining permanent residency for a certain period (usually 5 years), you can apply for U.S. citizenship. Becoming a U.S. citizen grants additional rights, such as voting and holding public office. The EB-3 visa opens up opportunities for career growth and stability. Once your EB-3 petition is approved, you can work for the sponsoring employer. Unlike temporary work visas, the EB-3 allows you to work without restrictions. You can pursue any lawful employment in the U.S., not limited to the job specified in your initial petition.

Generally, third preference petitions require an approved, individual labor certification from the Department of Labor (DOL) on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I.

Eligibility Categories

To be eligible for a visa under the class, migrant workers must fall into one of three distinct categories: 

1- Skilled Workers: 

These are individuals whose jobs require a minimum of 2 years of training or experience, and the work is not of a temporary or seasonal nature.

Application Requirements

• Must demonstrate at least 2 years of job experience, education, or training relevant to the job requirements specified on the labor certification.
• Relevant post-secondary education can be considered as training.
• The work must be for which qualified workers are not available in the United States.

2- Professionals: 

Professionals must hold at least a U.S. baccalaureate or foreign equivalent degree and be members of specific professions.

Application Requirements

• Must possess a U.S. baccalaureate or foreign equivalent degree.
• The work must be for which qualified workers are not available in the U.S.
• Education and experience cannot substitute for a baccalaureate degree.

3- Unskilled Workers (Other Workers): 

This category includes individuals performing unskilled labor that requires less than 2 years of training or experience and is not temporary or seasonal.

Application Requirements

• Must demonstrate the ability to perform unskilled labor.
• The work must be for which qualified workers are not available in the U.S.