The H-2A visa program allows U.S. agricultural employers to hire foreign workers for temporary or seasonal positions when they cannot find enough domestic labor. Unlike the H-2B visa, the H-2A program is uncapped, meaning there is no annual limit on the number of visas issued. This program is essential for farms, nurseries, and other agricultural businesses that require additional workforce support during peak seasons.

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H-2A Eligibility Requirements

To qualify for an H-2A visa, employers must show that:

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• Temporary or Seasonal Need – The job must be for a limited period, such as planting, harvesting, or other seasonal agricultural activities.

• Lack of Available U.S. Workers – The employer must demonstrate that there are not enough qualified, willing, and available U.S. workers to fill the positions.

• No Adverse Effect on U.S. Labor – Hiring foreign workers must not negatively impact the wages or working conditions of similarly employed U.S. workers.

• Temporary Labor Certification – Employers must obtain a valid Temporary Labor Certification (TLC) from the U.S. Department of Labor (DOL) before petitioning for H-2A workers. This process involves recruitment efforts to hire U.S. workers first and ensuring compliance with wage and working condition standards.

 

Required Documentation for H-2A Visa Application

Employers must submit various forms to different agencies to comply with H-2A regulations. Below is a list of key documents required for the H-2A visa application:

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• Form ETA-790 – Identifies the employer and the intent to request H-2A visas for future employment.

• Form ETA-9142 – Application for Temporary Employment Certification, submitted to the DOL.

• Recruitment Report – A record of the employer’s efforts to hire U.S. workers, detailing advertising efforts and responses.

• Form I-129 – The Petition for Nonimmigrant Worker, submitted to U.S. Citizenship and Immigration Services (USCIS) to request H-2A workers.

• Form I-94 – Tracks the arrival and departure of workers entering and leaving the U.S.

• Insurance Policy Information – Employers should have their insurance company name and policy number available.

 

Multiple copies of these documents may be required throughout the process.

 

H-2A Visa Application Process

The H-2A application process is multi-step and involves multiple agencies, including the DOL, USCIS, and U.S. consulates abroad. The three main phases of the process are Labor Certification, H-2A Petition, and Worker Admission into the U.S.

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Step-by-Step Process for Employers:

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Step 1: Labor Certification (Department of Labor - DOL)

Submit Form ETA-790 – At least 60 to 75 days before the job starts, employers must submit this form to begin the labor certification process.

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Submit ETA Form 9142 – Once the job order is approved, submit this application 45 days before the start date to the DOL’s National Processing Center.

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Recruit U.S. Workers – Employers must actively advertise job openings and track their recruitment efforts.

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Submit Recruitment Report – If unable to fill positions with U.S. workers, submit the recruitment report at least 30 days before the job begins.

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Pay Required Fees – The initial fee is $100 + $10 per worker requested.

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Step 2: H-2A Petition (USCIS)

File Form I-129 – Submit the petition to USCIS for processing. Regular processing takes several weeks, while premium processing (15 days) is available for an additional fee.

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 USCIS Review – USCIS may request additional evidence before approving the petition. Employers must respond promptly to avoid delays.

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Step 3: Worker Admission & Visa Processing

Consular Processing & Worker Application

• Workers apply for an H-2A visa at a U.S. consulate in their home country.

• Workers must complete interviews, provide fingerprints, and submit photos.

• Companies can pay the $190 visa application fee on behalf of workers or allow them to cover it themselves.

File Form I-94 for Worker Entry

• Employers must file I-94 applications for each approved H-2A worker about 10 days before the work start date.

• Workers cannot enter the U.S. earlier than 10 days before their job begins.

 

H-2A Visa Duration 

The visa is valid for the employment period requested, up to one year for a single employer. However, each worker may extend to a different job contract for a continuous stay of up to three years. After three years, workers must leave the U.S. for at least 60 consecutive days before applying for a new H-2A visa.

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H-2A Employer Responsibilities & Costs

Employers must provide:

• Application & Petition Fees – Employers bear the costs of the H-2A petition process, including the labor certification and USCIS filing fees.

• Transportation Costs – Employers must pay for workers’ transportation to and from their home country upon completion of the contract. Employers must also provide foreign workers with housing and transportation to and from the job site.

• Housing – Employers must provide free housing that meets DOL standards.

• Meals or Kitchen Facilities – Employers must either provide three meals per day (at a DOL-set cost) or offer free kitchen facilities for workers to prepare their own meals.

• Required Wages – Employers must pay the Adverse Effect Wage Rate (AEWR) or the prevailing wage, whichever is higher, as determined by the DOL.

• Guaranteed Hours – The H-2A workers must also be guaranteed an offer of employment for at least 75% of the work period specified in their contract.

 

Why the H-2A Visa Matters

The H-2A program plays a crucial role in ensuring that U.S. agricultural operations remain productive and competitive. By providing a legal pathway for seasonal labor, it helps stabilize food production, supports rural economies, and protects workers’ rights through government-regulated conditions.