Vineyard & Winery Management

July/August 2013

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ernment application or membership fee for hosts. The J-1 is a non-immigrant visa. Applicants must be sponsored by a private-sector concern or a U.S. government program, as well as adequately speak and understand English in order to follow instructions and perform necessary tasks. NOT FOR SEASONAL LABOR using J-1s," since there is no cap on J-1 visas. "When other visas run out, there's usually a surge in J-1 visas," she said. Some 170,000 participants in the U.S. are working, studying or teaching through the J-1 visa program in a wide variety of occupations such as au pair and research scholar. A J-1 participant must demonstrate a meaningful desire to learn, share or develop a technique or skill, Rubin said. "J-1 is part of a larger, international cultural exchange. They're not here to pick grapes or load trucks." Jorge Lopez, an immigration lawyer in Los Angeles, said there is an allowance for semiskilled work- © 2013 StaVin Inc. There has been some confusion between the H-2A and J-1 visas, and it's important to note that the J-1 visa is not for seasonal laborers. Immigration attorney Jason Resnick points out that an H-2A visa is required for seasonal foreign agricultural workers. "J-1 visas are not intended for large-scale agricultural applications," noted Jason Resnick, an immigration attorney in Irvine, Calif., and vice president/general counsel for Western Growers, an advocacy association for farmers in California and Arizona. "The H-2A temporary agricultural guest worker program is the only program for bringing in temporary and seasonal foreign agricultural workers." According to New York-based immigration lawyer Melinda Rubin, who counsels wineries and agricultural firms, "Some (companies) have been trying to make an end run around the H-2A process by w w w. v w m media.com For over twenty years we've searched the world to source the very finest oak known to wine. Our hikes through numerous forests in countries on two continents have yielded findings some winemakers consider treasure. Such travels have shown us the rewards of perseverance, and the importance of variety. Because even the most delicious wines rarely taste the same. ® StaVın Inc, P.O.Box 1693, Sausalito,CA 94966 (415) 331-7849 f (415) 331-0516 stavin.com J u l y - A u g 2 0 13 | V I N E YA R D & W I N E RY M A N A G E M E N T 55

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