H-2A Temporary Agricultural Workers
The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. A U.S. employer, a U.S. agent as described in the regulations, or an association of U.S. agricultural producers named as a joint employer must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf.
To qualify for H-2A nonimmigrant classification, the petitioner must:
Offer a job that is of a temporary or seasonal nature.
Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition. (A limited exception to this requirement exists in certain “emergent circumstances.” See e.g., 8 CFR 214.2(h)(5)(x) for specific details.)
https://www.uscis.gov/working-united-states/temporary-workers/h-2a-temporary-agricultural-workers
Now here's the kicker: The visa is granted to the employer, not the employee, and the visa does not list out the names of the workers that will be covered by the visa. This means an employer can legally bring in a temporary worker and, if he gets sassy, fire him on the spot instantly turning him from a legal documented worker to an illegal undocumented one. He can then turn around and hire a different undocumented worker and POOF! he's magically a documented worker. This little game can go on indefinitely, and there's nothing the worker can do to protect himself. He is here under a visa that he does not control.
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