Under the H-2A program, foreign nationals can be temporarily hired by US employers or US agents in the agricultural sector if they meet specific regulatory standards. An organization of U.S. agricultural producers designated as a joint employer, a U.S. employer, or a U.S. agent as defined by rules must submit Form I-129, Petition for a Nonimmigrant Worker, on behalf of a prospective worker.

The H-2A visa is available to people who intend to work in temporary or seasonal agricultural positions. In this context, “seasonal” alludes to the work’s placement inside a set period of time or event. Projects that are completed in less than a year are referred to be temporary here.

Who qualifies for H-2A status?Â

To qualify for H-2A nonimmigrant status, the petitioner must fulfil the following requirements:

1. Provide temporary or seasonal work.
2. Prove the insufficient presence of American workers who possess the necessary skills, willingness, qualifications, and availability to perform the temporary job.
3. Demonstrate that employing H-2A workers will not adversely affect the salaries and working conditions of American workers in equivalent positions.
4. For the H-2A petition, make sure to include one valid temporary labor certification from the US Department of Labor. (In specific urgent situations, there is a restricted exemption to this rule.) Refer to 8 CFR 214.2(h)(5)(x) for additional details.

Application Procedure for the H-2A Program

Step 1: Prior to requesting H-2A classification from USCIS, the petitioner must acquire a temporary labor certification for H-2A workers from DOL.

Step 2: The petitioner submits USCIS Form I-129. After obtaining a temporary labor certification from the Department of Labor for H-2A employment, the petitioner must file Form I-129 to the United States Citizenship and Immigration Services. The petitioner must generally provide an original temporary labor certification with Form I-129 as the initial evidence, with some rare exceptions.

Step 3: Foreign job candidates apply for a visa and/or admission. After USCIS authorizes Form I-129, H-2A workers outside the United States must take one of the following actions:

• Obtain an H-2A visa from the U.S. Department of State (DOS) at a U.S. Embassy or Consulate overseas, and then seek entrance into the United States by applying to U.S. Customs and Border Protection (CBP) at a U.S. port of entry.
• Apply directly for entrance to the United States under the H-2A classification with C

What is the processing time for H-2A visas?

Processing times for H-2A visas might vary due to seasonal factors and may be extended. US employers are recommended to file applications with USCIS at least 60 days prior to needing foreign workers, but no later than 120 days in advance.

What is the duration of an H-2A visa?

Agricultural H-2A visas are temporary and valid for one year only. The employee must return to their original location after one year. The H-2A visa can be renewed if the worker has not completed the job and the employer still requires their services, or if the worker secures employment with another company. An individual with an H-2A visa is allowed to remain in the United States for up to three years. Extensions are granted on a yearly basis.