This page gives you an overview about H-2A visa, non-immigrant visa category issued to seasonal agricultural workers

Definition of H-2A Work Visa:

H-2A visa is a non-immigrant visa which allows foreign nationals to enter into the United States for temporary or seasonal agricultural work. To be more precise, this non-immigrant visa category permits temporary admission of foreign agricultural workers to perform labor or services of a temporary or seasonal nature, provided U.S. workers are not available.

H2A Visa Details:

H2A visa is initially issued for a period up to one year. Extensions of the H-2A visa may be granted for a maximum of 3 consecutive years. There is no numerical limit for H-2A temporary agricultural visa issued. The H-2A visa cannot be self-petitioned. The U.S. employer must file a petition on behalf of their employees. The sponsor can be self-employed, a partnership, corporation agricultural association.

A single petition by a U.S. employer is enough to sponsor multiple workers, if

• they will perform the same services;
• they will work at the same location; and
• they obtain their visa stamp through the same U.S. Consulate.

The sponsor must satisfy the following conditions to import aliens under the H2A visa:

• Employer must provide free housing that meets safety and health standards established by law.
• Employer must provide each worker either three meals per day or furnish free cooking and kitchen facilities to prepare their own meals. The employer can disclose the cost in the worker contract.
• The wage or rate of pay must be the same for U.S. workers and H2A workers. The rate must be a higher wage rate called adverse effect wage rate.
• Employer is responsible for providing transportation of workers.

Benefits of H-2A Visa:

• You are permitted to enter into the U.S. for temporary work.
• You can enjoy all the benefits of a regular employee.
• You can travel freely in and out of the United States.
• The spouse and unmarried children (under the age of 21) are permitted to stay with you in the U.S under H4 visa.
• You can change your jobs if you can show a new job offer.
• You may apply for green card while on H-2A visa status.

Limitation of H-2A Work Visa:

• The job must be temporary or seasonal in nature.
• The employer has to establish the facts the need for services or labor is seasonal or temporary.
• Dependents of H-2A visa holders are not permitted to work, unless they personally qualify for a work visa.
• H-2A time counts whether you are in the U.S. or abroad.

Filing the Petition:

First step is to apply for a Temporary Labor Certification from the U.S. Department of Labor (DOL). The application for labor certification should be filed at least 45 days before the first date on which workers are needed. In order to qualify for Temporary Labor Certification, the applicant must meet all requirements of the DOL, and must prove that there are no U.S. workers available for the proposed positions. Once the DOL approves labor certification, the employer files a petition with the USCIS for multiple workers, and the workers may be unnamed on the application. The employer must provide the names when they become available. When the USCIS approves the petition, a notice of approval is sent to the appropriate US consulate (Visit US Embassy and Consulate Website Locator page to know your nearest US Consulate) where the foreign national applies for their H-2A visa.

Document Requirements for H-2A Visa:

• An approved temporary labor certification;
• Department of Labor Form ETA-750A, Application for Alien Employment Certification;
• Department of Labor Form ETA-790, Agricultural and Food Processing Clearance Order; and
• Documents that support the required forms.