H-2A Visa: Temporary Agricultural Worker Program
The H-2A Visa is a temporary, non-immigrant visa that allows U.S. employers or agricultural businesses to hire foreign workers for seasonal or temporary agricultural jobs. This visa program helps employers fill labor shortages when not enough U.S. workers are available to meet the demand.
The H-2A Visa is valid for the duration of the agricultural season, typically up to one year, with the possibility of extensions up to three years. Employers must meet specific requirements, including providing housing, fair wages, and transportation for foreign workers.
Why Apply for an H-2A Visa?
- Work in the U.S. Legally: Provides temporary work authorization in the agricultural sector.
- No Degree or Specialized Skills Required: Designed for unskilled laborers in agriculture.
- Employer-Paid Benefits: U.S. employers must provide free housing, fair wages, and transportation assistance.
- Short Processing Time: Faster processing compared to other work visas.
- Family Accompaniment: Spouses and children (under 21) may accompany the worker under H-4 dependent status.
- Multiple Employers Allowed: Workers may switch employers, but each employer must file a new petition.
Eligibility Criteria for an H-2A Visa
To qualify for an H-2A Visa, applicants must:
- Be Offered a Seasonal or Temporary Agricultural Job: The job must be planting, harvesting, or other farm-related work.
- Have an Employer Sponsor: A U.S. agricultural employer or farm must petition for the worker.
- Come from an Eligible Country: The applicant must be from a country approved by the U.S. Department of Homeland Security.
- Prove Intent to Return Home: Must show ties to their home country and intend to leave the U.S. after employment ends.
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How to Apply for an H2A Visa
U.S. Employer Files a Temporary Labor Certification
- The employer submits a Temporary Labor Certification request to the U.S. Department of Labor (DOL).
- The employer must prove there are not enough U.S. workers available and that hiring foreign workers will not negatively impact U.S. workers.
Employer Files Form I-129 with USCIS
After certification, the employer files Form I-129 (Petition for Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS).
Worker Applies for an H-2A Visa
- Once the petition is approved, the worker applies for the H-2A Visa at a U.S. embassy or consulate in their home country.
- The worker completes Form DS-160 (Online Nonimmigrant Visa Application) and schedules a visa interview.
- Required Documents for the Interview:
- Valid passport
- Visa application fee payment receipt
- Job offer letter from U.S. employer
- Form I-129 approval notice
Enter the U.S. & Begin Work
- If the visa is approved, the worker receives an H-2A visa stamp and can enter the U.S. to begin employment.
- The worker must only work for the employer who sponsored them.