H-2A Visa for Agricultural Workers

H-2A Visa Guidelines

Employers are responsible for the H-2A visa application process. Businesses must take certain actions to secure legal entry for their workers. First, the business must act as a petitioner and submit a temporary labor certification for H-2A worker application to the Department of Labor (DOL). H-2A status cannot be requested prior to obtaining temporary labor certification. When the certification is received, the business must file USCIS Form I-129, Petition for a Nonimmigrant Worker using the labor certification as initial evidence. After USCIS approves Form I-129, prospective H-2A workers currently outside of the U.S. can apply for a H-2A visa at a U.S. Embassy or Consulate and seek admission to the United States.

H-2A workers can bring spouses and minor, unmarried children into the United States in H-4 nonimmigrant status. Family members with H-4 classification are not eligible for employment.

H-2A Visa Qualifications

To qualify for H-2A nonimmigrant classification, employers must do the following:

• Offer a temporary or seasonal agricultural job
• Demonstrate that there are too few qualified U.S. workers willing and able to perform the temporary work
• Demonstrate that employing H-2A workers will not reduce wages and working conditions for similarly employed U.S. workers

H-2A status is only available to the nationals of certain countries. A full list of eligible countries can be found on the Federal Register (Effective January 18, 2018).

H-2A Visa Limitations

H-2A classification is typically valid for the period of time authorized by the temporary labor certification.  H-2A can be extended in one year increments but must be accompanied with a new temporary labor certification.  The maximum period of stay is three years.  After a foreign national has accumulated three years of H-2A status, he or she must leave the United States for an uninterrupted period of three months before seeking readmission as an H-2A nonimmigrant.