H-2A Visa Temporary Agricultural Worker

H-2A Visa

The H-2A visa is a temporary agricultural worker visa that allows U.S. employers to bring foreign nationals to the United States to fill seasonal or peak-load agricultural jobs. This visa is specifically designed for agricultural work and requires employers to demonstrate the need for foreign labor, as well as assure that hiring foreign workers will not adversely affect the wages and working conditions of U.S. workers. The H-2A visa typically allows workers to stay in the U.S. for the duration of the contract, which can be extended in certain circumstances.

Qualifying Agricultural Tasks

Crop and Plant Production

Planting and sowing: Placing seeds, seedlings, or plants into soil.

Cultivating and weeding: Tending growing plants, thinning, and removing unwanted growth.

Pruning and shearing: Cutting and shaping plants, trees, or Christmas trees.

Harvesting and picking: Gathering fruits, vegetables, grains, and field crops by hand or machine.

Livestock and Animal Care

Feeding and watering: Providing daily nutrition and hydration.

Herding and handling: Moving, sorting, and managing animals.

Health monitoring: Observing livestock for illness and assisting with general animal well-being on ranches or dairy operations.

Specialized Agriculture

Aquacultural production: Rearing fish, shellfish, and other aquatic life.

Equipment operation: Driving tractors, trucks, or operating specialized farm machinery tied to seasonal duties.

H2A Visa process involves 3 stages:

Department of Labor (DOL) Certification

File a job order with your local State Workforce Agency 60 to 75 days before the work starts.

Submit Application for Temporary Employment Certification.

Actively recruit local U.S. workers during the first part of the process to prove a labor shortage.

USCIS Petition

File Form I-129 (Petition for a Nonimmigrant Worker) with USCIS after receiving your temporary labor certification approval.

Pay required filing fees and wait for petition approval for your specific worker count.

Worker Visa Application and Arrival

Prospective workers outside the U.S. fill out a visa application and go to an interview at a U.S. embassy or consulate.

Approved workers travel to a U.S. port of entry where Customs and Border Protection grants admission.