H-2A Visa for Temporary Seasonal Farm Workers

Foreign seasonal agricultural workers from certain countries may obtain H-2A visas for temporary work in the United States as beneficiaries of an application filed by a U.S. employer (the petitioner). There must be an actual offer of employment, and the employment must be of a temporary or seasonal nature. Before offering the job to a foreign worker, the employer must try to hire U.S. workers to fill the position.

The H-2A visa holder is also permitted to bring a spouse and unmarried children under age 21, who will receive an H-4 visa. The dependents may attend school while in the United States without obtaining any additional authorization but are not permitted to accept employment unless they qualify and apply for work authorization.

Countries Whose Workers Are Eligible

The nationals of fewer than 100 countries are eligible to receive H-2A visas, unless an exception is made based on the interests of the United States. You'll find the list of countries on the "H-2A Temporary Agricultural Workers" page of the USCIS website. 

Length of Stay and Numerical Limits on H-2A Visas

Generally, the initial H-2A visa is valid for up to one year. If the employer can show a continued need to employ H-2A workers, the visa can be extended in one-year increments for up to three years. After three years, an H-2A visa holder must depart the U.S. for at least three months (uninterrupted) before seeking any subsequent H-2A employment. The good news is there are no limits on the number of H-2A visas issued annually.

H-2A Visa Eligibility Requirements

In order to hire H-2A workers, an employer must meet the following requirements:

• show the job is truly temporary and seasonal in nature
• prior to hiring an H-2A worker, advertise and attempt to recruit U.S. workers for the job, demonstrate there are no qualified and willing U.S. workers available, and continue to engage in recruitment even after H-2A workers are hired, and
• obtain a temporary labor certification from the U.S. Department of Labor for submission with the H-2A petition.  (Exceptions are permitted for emergencies.)

To qualify for the H-2A visa, the prospective worker must: 

• qualify for and be able to perform the work needed, and
• be able to demonstrate an intention to return home before the expiration of the permitted stay under the H-2A visa.

H-2A Visa Fees and Costs

The H-2A visa costs include a filing fee paid to USCIS by the employer for the I-129 Petition for a Nonimmigrant Worker, shown on the USCIS website. At the U.S. consulate, the employee pays a visa application fee. For the latest application fee amount, see the "Fees for Visa Services" page of the U.S. State Department website.

H-2A Visa Application Process

An employer must start the application process by advertising and recruiting for the job, in an attempt to find suitable U.S. workers. If unsuccessful, the employer can apply to its local state workforce agency (SWA) for a temporary labor certification. The SWA will transfer the case to the U.S. Department of Labor for a final decision on the labor certification. After approval of the labor certification, the employer must file a visa petition on Form I-129 and submit it to U.S. Citizenship and Immigration Services (USCIS).

If the employee is already legally in the U.S., the employer can request a change of status to H-2A worker. When USCIS approves the I-129 petition, applicants who are already in the U.S. and are granted a change of status can begin working.

If the employee is outside the U.S., the next step is to apply for the visa through a U.S. consulate in their home country. Application and appointment procedures can be accessed through the local consulate's website. If the employee is from Canada, applications can be made directly at the U.S. border. In either case, you'll want to bring the documents described below.

Documents to Bring to Your Visa Appointment

The U.S. consulate will likely ask you to bring:

• a printout of Form DS-160 (filled out online)
• Form I-797 Notice of Action from USCIS, showing I-129 approval
• valid passport for you and each accompanying family member
• one photo of each applicant, passport style
• if your spouse and children will be accompanying you, documents showing the family relationship, such as birth and marriage certificates
• documents establishing your intent to leave the U.S. when your H-2A status expires, such as copies of a deed to a house or a lease for an apartment, letters from an employer saying your job will be waiting for you, or comparable evidence.

Help From a U.S. Immigration Lawyer

Some employers who regularly hire employees from outside the U.S. are able to assist employees with the H-2A visa application process. If your employer does not provide an attorney, you may want to consider hiring one. The attorney can help in the preparation of the paperwork and facilitate the application process to avoid a denial or any delays.