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H-2A Visa - Temporary Agricultural Worker

The H-2A visa allows U.S. agricultural employers to hire foreign nationals for temporary or seasonal agricultural work when American workers are unavailable

Schedule Employer Consultation View Requirements

No Cap

Unlimited Annual
Visa Numbers

1 Year

Maximum Initial
Period

3 Years

Maximum Total
with Extensions

Agriculture

Seasonal or
Temporary Work

H-2A Visa Overview

The H-2A program enables U.S. agricultural employers to bring foreign nationals to the United States to perform temporary agricultural labor or services when there are not enough U.S. workers available and willing to do the work.

H2A Agricultural Workers

No Annual Cap

Unlimited visas available

Key Program Features

No Annual Cap

Unlike H-2B, there's no limit on the number of H-2A visas issued annually

Agricultural Work Only

Specifically for temporary or seasonal agricultural labor and services

Housing Provided

Employers must provide free housing to H-2A workers

Transportation Covered

Employer pays for inbound and outbound transportation costs

H-2A vs H-2B: Key Differences

Understanding the distinction between agricultural and non-agricultural temporary work visas

Feature H-2A (Agricultural) H-2B (Non-Agricultural)
Annual Cap No Cap 66,000 Cap
Work Type Agricultural labor only Non-agricultural labor
Housing Provided Free Not Required
Transportation Employer Pays Not Required
Meals Provided or cooking facilities Not required
Worker Protections Enhanced protections Standard protections
Three-Quarter Guarantee Required Not Required

H-2A Eligibility Requirements

Employer Requirements

  • Job must be agricultural in nature (field work, farm labor, etc.)
  • Need must be temporary or seasonal (less than one year)
  • Prove no available U.S. workers willing and able to do the work
  • Pay at least the Adverse Effect Wage Rate (AEWR) or prevailing wage
  • Provide free housing meeting DOL standards
  • Cover inbound and outbound transportation costs
  • Provide three-quarter guarantee of work hours
  • Supply tools and equipment at no cost to workers

Worker Requirements

  • Must be a national of an eligible country (most countries qualify)
  • Have a job offer from a U.S. agricultural employer
  • Able to perform the agricultural labor or services
  • Intent to return to home country after temporary work
  • Valid passport and clean background check
  • No immigration violations or overstays
Worker Protections:
  • Workers' compensation coverage
  • Guarantee of 75% of work hours
  • Free housing and meals/cooking facilities
  • Free transportation to/from worksite

H-2A Application Process

A streamlined process for agricultural employers

1

Temporary Labor Certification (DOL)

File Form ETA-9142A with the Department of Labor at least 75 days before workers are needed:

  • Submit application to State Workforce Agency (SWA)
  • Conduct U.S. worker recruitment
  • Post job order for minimum recruitment period
  • DOL reviews and certifies the application
Timeline: File 75+ days before need date

2

USCIS Petition (Form I-129)

Once Labor Certification is approved, file Form I-129 with USCIS:

  • Include approved Labor Certification
  • Submit within validity period of certification
  • Can request premium processing for faster decision
  • Pay required filing fees
Regular Processing: 2-4 months Premium: 15 days

3

Consular Processing

After petition approval, workers apply for H-2A visa:

  • Complete Form DS-160 online
  • Schedule visa interview at U.S. Embassy/Consulate
  • Attend interview with required documents
  • Receive H-2A visa stamp in passport
  • Travel to U.S. to begin agricultural work

4

Arrival and Work Authorization

Workers enter the U.S. with H-2A visa and can begin work immediately for the petitioning employer. H-2A status is valid for the period specified in the petition, up to 1 year initially, with possible extensions up to 3 years total.

Advantage: No Annual Cap!

Unlike the H-2B program, H-2A has no annual numerical cap. Employers can petition for as many workers as needed, provided they meet all program requirements and obtain DOL certification.

Common H-2A Agricultural Occupations

Fruit & Vegetable
  • • Fruit pickers
  • • Vegetable harvesters
  • • Pruning workers
  • • Sorting/packing staff
Farm Operations
  • • Tractor operators
  • • Equipment operators
  • • Farm laborers
  • • General farmhands
Livestock
  • • Dairy farm workers
  • • Ranch hands
  • • Poultry workers
  • • Animal caretakers
Specialized Tasks
  • • Irrigation workers
  • • Greenhouse workers
  • • Nursery workers
  • • Forestry workers
Specialty Crops
  • • Vineyard workers
  • • Tobacco workers
  • • Christmas tree cutters
  • • Specialty harvesters
Planting & Growing
  • • Planters
  • • Cultivators
  • • Weeders
  • • Field preparation
Post-Harvest
  • • Packing house workers
  • • Sorting staff
  • • Grading workers
  • • Loading/unloading
Support Operations
  • • Storage workers
  • • Equipment maintenance
  • • Supply handlers
  • • Field supervisors

Employer Obligations Under H-2A

The H-2A program requires employers to meet specific obligations to protect both U.S. and foreign workers

Housing Requirements
  • Provide free housing meeting DOL/OSHA standards
  • Housing must pass inspections
  • Include cooking facilities or meals
  • Adequate beds and bedding
  • Proper sanitation facilities
Transportation
  • Pay for inbound transportation to U.S.
  • Pay for outbound transportation home
  • Daily transportation to worksite
  • Transportation costs reimbursed
  • Or provide housing at worksite
Wages & Benefits
  • Pay AEWR or prevailing wage (higher)
  • Guarantee 75% of work hours
  • Pay for tools and equipment
  • Workers' compensation insurance
  • Accurate time and payroll records
U.S. Worker Protections
  • Cannot displace U.S. workers
  • Offer same terms to U.S. workers
  • Conduct positive recruitment
  • Cannot prefer H-2A over U.S. workers
  • Must hire qualified U.S. applicants
Recordkeeping
  • Maintain accurate payroll records
  • Keep recruitment documentation
  • Retain housing inspection records
  • Document worker hours
  • Available for DOL inspection
Contract Terms
  • Provide copy of work contract
  • Contract must be in English
  • Also in language worker understands
  • Specify all terms and conditions
  • Cannot charge recruitment fees

Ready to Secure Agricultural Workers for Your Farm?

The H-2A program offers unlimited visa numbers for qualified agricultural employers. Start planning your seasonal workforce today with expert guidance through every step of the process.

Schedule Your H-2A Consultation

No Annual Cap

Streamlined Process

Reliable Workforce

Explore Related Work Visa Options

H-2B Visa

For temporary non-agricultural workers in hospitality, construction, and more

Learn More

H-1B Visa

For specialty occupation workers requiring a bachelor's degree

Learn More

L-1 Visa

For intracompany transfers of executives and specialized knowledge workers

Learn More

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