Types of Visas

My paper explores the different types of visas and who is eligible to apply.  There are several types of visas that immigrants can apply for.  Primarily, workers  will apply for permanent or temporary residency.  Permanent residency would require a green card and temporary residency would be through a visa or refugee or asylum status.


In my paper I look specifically at the H-2A visa because it is specifically for temporary agricultural workers.  The requirements are as follows:

• The job offered must be of a temporary or seasonal nature
• The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work
• The employer must show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers
• Generally, a single, valid temporary labor certification from the U.S. Department of Labor must be submitted with the H-2A petition.  (A limited exception to this requirement exists in certain “emergent circumstances.” 

(USCIS.gov “H-2A Temporary Agricultural Workers”)

My argument is that this type of visa would actually disadvantage workers compared to being undocumented.  Because they are then tied to a job and employers are still able to take advantage of them because of exceptions to labor laws given to agricultural employers.

• Agricultural employers are not required to pay over-time after 40 hours
• Legal age of hire is 12
• Not required to supply health care

(Villarejo, Baron p 616-620)