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H-2A employees and business successors in interest

Some South Carolina businesses have H-2A employees working for them. If the business is restructured or is sold, the new employer must make certain to follow certain requirements in order to continue using their employees' H-2A certificates.

The H-2A visa program allows employers to hire foreign nationals on a temporary basis for agricultural work. The job has to be seasonal or temporary, and the employer must demonstrate that it does not have the ability to find enough U.S. workers for the needed positions.

A business successor is allowed to continue using certificates that have already been issued. The successor must contact the Chicago National Processing Center before employing the H-2A workers. The notification must include a sworn statement with the H-2A certificate Employment and Training Administration number, information about the reason why there is a successor in interest and the successor interest's contact information and name. The successor in interest must also provide an agreement that it is assuming all of the liabilities and obligations that may arise from the H-2A certification. The documents that are submitted to the NPC should also be copied and retained by the business in its files.

H-2A visas are one of several different types of work visas that are available. Businesses that have difficulty finding U.S. workers to fill the needed positions may want to consult with an immigration and naturalization law attorney about using visas to hire foreign nationals for the jobs. An attorney can provide advice to clients on the different non-immigrant visas that may work to fit their needs as well as assist in the preparation and submission of the required documentation.

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