TN VISAS

Requirements

• Mexico and Canada, ONLY.
• Professional level job.
• Candidate must have at least a baccalaureate degree or appropriate credentials.
• Milkers do not generally fit into this category, although milking could be a part of the job.
• Good position matches include:
  • herd health
  • nutrition
  • reproduction
  • herd management
  • feed harvesting and management
  • designing and implementing agricultural machinery systems

Employee Time Frames

• Can start at any date, once authorization is approved with either USCIS or the TN visa is granted
• Can stay up to three years (and visa can also be renewed)

Visas

• Visa paperwork preparation can be done relatively quickly
• Visa processing itself can be several months with standard processing
• For those TN visa holders currently in the USA, who are extending, 15 days premium processing can be requested and paid for
• Visas can be processed
  • In home country at the US embassy/consulate if applicant is in Mexico or Canada
  • At the border for Canadians
  • If in the USA already, and asking for an extension, it would be done in the USA
• Family members can come in as well

Costs

• $160 (within Mexico), or $460 (if in the USA) for visa filing fees
• Possible $1440 premium processing in government filing fees (only applicable to those who are already in the USA)
• $1500 lawyer fees
• Recruitment costs (varies; see Global Cow’s)
• Generally, salaries need to run about $30,000 (or more) annually, and need to be at a professional level

COVID-19 Related Problems

• Mexican/US border currently closed (agricultural workers are essential workers)
• Closure now extended through January 21 (but again, TN workers for agricultural are NOT under this–they are “essential workers” and are therefore ABLE to come through)
• US embassies and consulates have been closed, or working with limited staff.  When making the visa interview dates, applicants can see which ones will process quickly.  Our recent TN applicant managed to get an appointment within a month, and that included the December holidays.

 Our Take

The TN visas continue to be a very positive option for hiring employees from Mexico.  Processing is functioning, although perhaps with some delays. 

J-1 VISA

Requirements

• Open to all countries
• Usually participants are 20-30 years of age, very often college students
• Must work with a sponsoring organization who is approved by the US State Department
• Participants are not “employees”; they are here to “learn by doing”. Because of this, hosts and trainees/interns must comply with a training plan, and complete reports.

Intern/Trainee Time Frames

• Can start at any date
• Must leave at the end of one year at most (for dairies; related ag businesses might be able to have a total of 18 months)
• Often J-1 holder is subject to a two-year homestay requirement upon completion

 Visas

• Usually takes about three to five months to process everything
• Visas are processed in home country

Costs

• Program fees: varies ( see Global Cow’s)
• Minimum wage, health insurance, usually housing and some transportation
• Transportation: varies

COVID-19 Related Problems

• As of June 22, 2020, President Trump has banned new J-1 visas in the trainee/intern category until December 31, 2020. Ban could be extended.
• There are rumors of a potential legal challenge to this ban. (A similar ban was put on F-1 student visas, and was rescinded when challenged by a large cohort of educational institutions.)
• US embassies and consulates have been closed, or working with very limited staff. Processing of these visas is slowed. However, some embassies starting to open now.
• Some countries are not allowed to enter into the USA due to travel bans related to the pandemic.

Our Take

As of December 31, 2020, President Trump extended the ban on using the J-1 visa for the trainee or intern category.  Currently, the J-1’s are not allowed to enter until March 31st. 

When President Elect Joe Biden assumes the presidency on January 20, he could rescind this order–or let it stand. 

In either case, there is processing time for this visa.  We’d advise potential host farms and applicants to start working on all paperwork now, and to be ready for entry when it is allowed again.    

The J-1 visa has several positives:

• It’s a great way to start working with foreign nationals.
• It’s only for a year, and sometimes knowing a specific end date makes a lot of sense.
• Health insurance is handled by the program.
• The overall costs for this program are fairly low.

Global Cow already has several candidates ready to go forward already listed on our website (and some have been waiting for almost a year at this point!).  We can start with the processing—and be ready as soon as travel is again allowed.    

H-2A

Requirements

• Open to all countries
• SEASONAL agricultural workers, to fill TEMPORARY jobs when :
  • There are insufficient available, qualified and willing US workers to fill the position being offered at the prevailing wage.
  • Hiring the foreign workers will not adversely affect the wages and working conditions of similarly employed US workers.
• Candidate must have appropriate credentials for the job

 Employee Time Frames

• Can start at any date
• Total time in-country of one year for temporary, seasonal work

 Visas

• Usually takes about 75 days
• Visas are processed in home country

 Costs

• Various government fees: $760
• Attorney/agent fees, recruitment costs, application fees: varies

(none of these allowed to be reimbursed from worker’s wages)

• Transportation: usually 50% of arrival; 100% during contract, between housing and work; full return travel costs
• Worker’s Compensation insurance or insurance coverage equivalent to Worker’s Compensation
• Salary same as US workers; at least minimum wage levels of state/federal minimum wage
• Must guarantee at least 75% of full contract period wage
• Free livable housing; housing inspection: varies (estimated at $9,000 to $13,000/worker by USDA)

 COVID-19 Related Problems

• US embassies and consulates have been closed, or working with very limited staff
• Some embassies starting to open now

IMPORTANT:  H-2B (seasonal, non-agricultural) visas were banned on June 22, 2020, by presidential proclamation.  Like the J-1, this was extended on December 31st, through March 31st.  However, again, President Elect Joe Biden could choose to rescind it–or to leave it as ordered by his predecessor. 

The H-2A category of visa was NOT included in the presidential proclamation. 

Our Take

The H-2A category of visa is very difficult to work with as a dairy farmer.  It requires seasonality, and most dairies just do not fit the requirements. 

Of course, dairy farms could use this visa for their cropping side of their operation.  Also, if the dairy is seasonal (for example, operating as a rotational grazing farm, with calving happening all at one time), this visa could be utilized.  

COVID does not affect the first steps in this process—advertising the position, going through the labor certification.  Again, with visa processing time (and if your dairy is truly seasonal), you could utilize this time to start on the paperwork.  Many of the candidates Global Cow has available would be excited about H2-A work as well, if you have a position that is truly temporary. 

H-1B

Requirements

• Open to all countries
• Allows “temporary employment of foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.”
• Candidate must have at least a bachelor’s degree; masters’ and PhD’s are preferred.

Employee Time Frames

• All applications must be done by April 1^st
• Decisions are made by August or September. If you pay premium processing, usually you will hear back in May
• Work starts no earlier than October 1^st

Visas

• There is a visa cap of 65,000 annually; masters’ degree or higher has an exemption for another 20,000.
• Most take 6-10 months from start to approval
  • Labor certification process (if no audit is required): 4 months
  • Visa processing: 3-4 months (faster with premium processing)
• April 1^st filing; earliest start date is October 1^st
• Visas are processed in home country

Costs

• Labor certification advertising: varies
• $700 for visa filing fees
• $1440 premium processing in government filing fees (strongly recommended)
• $7500 lawyer fees
• Other assistance and recruitment costs (varies)
• Generally, salaries need to run at least $40,000 annually, and need to be at a professional level

*It is possible for the employer to pass some, or all, of these fees back to the foreign national, either during the process or as a payback agreement if the foreign national leaves the employer in a specific time frame.

COVID-19 Related Problems

• US embassies and consulates have been closed, or working with very limited staff
• The presidential proclamation of June 20, 2020 banned new H1B entries until January 1st.  However, like the J-1 visa, on December 31st, President Trump extended the ban until March 31st.  It is possible that President Elect Joe Biden may (or may not) rescind the ban when he assumes office on January 20, 2021.

Our Take

Even though we have had a few people apply for this visa successfully, it is very difficult to utilize for dairy farm employees.  Here’s why:

• The visa category is set up for those with advanced degrees. The US government requires dairy farmers to prove that advanced degrees are common and normal for the position.
• There is such high demand for this visa that applicants typically go through a lottery system—just to hear if their specific visa request will be reviewed. We’ve had several cases where an employer and applicant will complete all documentation (including paying all preparation fees)—and then not be chosen for visa processing.
• Under COVID-19, this visa category did have processing delays in 2020.  It currently is under a travel ban through March 31, 2021 (see above). 
• Finally, there are many who believe that the US Customs and Immigrations Service (USCIS) may make further changes and restrictions to this visa.  
• During the fall of 2020, changes to this visa were proposed that included dramatic increases in the salary requirements, making this visa yet again a much harder fit for dairy farms. 

 A possible good candidate for this position may be a highly skilled manager, or someone in allied dairy industry (not necessarily directly employed on the dairy farm).  If you have a potential employee with at least a bachelors (preferably a masters or PhD), who would be working in a position that requires this level of knowledge, now is a great time to start pulling together all the documentation needed.

EB-3

(Third Preference) ”Green Card”

Requirements

• Open to all countries.
• Three different category types:
  • “Skilled workers” are persons whose jobs require a minimum of two years training or experience, not of a temporary or seasonal nature. The skilled worker must meet the educational, training or experience requirements of the job opportunity.  Relevant post-secondary education may be considered as training.
  • “Professionals” are persons whose job requires at least a US baccalaureate or foreign equivalent degree and are a member of their professions.
  • The “other workers” subcategory is for persons performing unskilled labor requiring less than two years training, education or experience, not of a temporary or seasonal nature.
• Employee must perform work for which qualified workers are not available in the US, and meet any other requirements specified on the labor certification.
• A labor certification and a permanent, full-time job offer are required.

Employee Time Frames

• Can start at any date
• This is permanent residency in the USA.

 Processing Time

• Department of Labor prevailing wage determination: 1-3 months
• Advertising/preparation for labor certification request: 2-4 months
• Labor certification from the Department of Labor: 4-6 months
• Petition Form I-140 to USCIS: 3-8 months (however, sometimes this process takes years). After approval of I-140 petition from USCIS, depends on “priority dates” for each category.
• After your specific priority date has become current, it will depend on where the potential employee is:
  • If overseas, it goes through consular processing. This requires form completion.  In a few weeks, the applicant is called for a visa interview at the local US consulate.
  • If in USA, it is filing for an adjustment of status. The applicant submits the application, and several months later, the applicant goes to a green card interview.

The entire process will likely take two years for someone filing for an adjustment of status, and longer still for those starting from their home country.

 Costs

• Labor certification advertising costs varies based on newspaper
• $700 for I-140 filing fee
• $1440 premium processing fee (strongly recommended)
• $7500 lawyer fees
• Other assistance and recruitment costs (varie)
• Generally, salaries need to run at least $40,000 annually, and need to be at a professional level
• Costs may increase 

*It is possible for the employer to pass some, or all, of these fees back to the foreign national, either during the process or as a payback agreement if the foreign national leaves the employer in a specific time frame.

 COVID-19 Related Problems

• On March 20, 2020, US Citizenship and Immigration Services (USCIS) announced the immediate and temporary suspension of premium processing service for all For I-129 and I-140 petitions until further notice.
• Travel bans for specific countries.
• US consulates worldwide have been closed for green card processing have been closed since March. There are longer backups now for interviews.
• President Trump has basically stopped all or most EB-3 cases at the consulates, through the end of 2020. However, if a person is already in the US legally, and needs to file an adjustment of status with USCIS, those cases CAN PROCEED.

 Our Take

This could work very, very well… if you can be (very) patient.  The first steps can be accomplished during shutdowns around the globe.

From any current visa, to become a legal employee

EMPLOYMENT-BASED PERMANENT RESIDENCE THROUGH LABOR CERTIFICATION

 Requirements

• Open to all countries; some countries take much longer than others (examples are India and China)
• Employers sponsor specific immigrant for specific position after obtaining a labor certification from the DOL following a local labor market test to show that the employer been unable to find minimally qualified U.S. worker who is interested and available
• Employee must perform work for which qualified workers are not available in the US, and meet any other requirements specified on the labor certification.
• A labor certification and a permanent, full-time job offer are required.

 Employee Time Frames

• Can start at any date.
• This is permanent residency in the USA.

 Processing times

• Department of Labor prevailing wage determination:  1-3 months
• Advertising/preparation for labor certification request:  2-4 months
• Labor certification from the Department of Labor:  4-6 months
• Petition Form I-140 to USCIS:  3-8 months (however, sometimes this process takes years). After approval of I-140 petition from USCIS, depends on “priority dates” for each category.
• After your specific priority date has become current, it will depend on where the applicant is:
  • If overseas, it is done through consular processing in home country. Applicant completes forms, and then is called for a visa interview at the local US consulate. 
  • If applicant is already in the USA, it is filing for an adjustment of status.  After submitting the application, the government will arrange the green card interview.

The entire process will likely take two years for someone filing for an adjustment of status, and longer still for those starting from their home country.

Costs

• Labor certification advertising costs varies based on newspaper
• $700 for I-140 filing fee
• $1440 premium processing fee (strongly recommended)
• $7500 lawyer fees
• Other assistance and recruitment costs (varies; see Global Cow’s)
• Generally, salaries need to run at least $40,000 annually, and need to be at a professional level

*It is possible for the employer to pass some of these fees back to the foreign national, either during the process or as a payback agreement if the foreign national leaves the employer in a specific time frame.  The employer must pay—at a minimum—the labor certification and advertising costs by himself.

 COVID-19 Related Problems

• US embassies and consulates have been closed, or working with limited staff
• Some embassies starting to open now

 Our Take

This visa would be a great match for a potential employee already known to your dairy.  The first steps in this process—advertising the position, going through the labor certification—are NOT impacted by COVID-19.  If you are in this situation, I would recommend moving forward now.

Things continue to change in our global pandemic world–regularly!  This version includes updates as of January 6, 2021.  

And please do reach out with any questions or thoughts.  As my father always used to say, “The cows still have to be milked!”