H-2A Visa: Temporary Agricultural Workers

Seasonal Agricultural Workforce Solutions for U.S. Farms and Growers

The H-2A visa program allows U.S. agricultural employers to hire foreign nationals to fill temporary or seasonal agricultural jobs when there are not enough willing, able, and qualified U.S. workers available.

The H-2A program is vital for farms, ranches, and agricultural businesses that depend on a reliable, legal seasonal workforce to meet critical planting, cultivating, and harvesting demands.

✅ What Is the H-2A Visa?

The H-2A is a temporary, nonimmigrant work visa for foreign agricultural workers employed in seasonal or short-term agricultural jobs — such as planting, picking, tending livestock, harvesting crops, or other farm-related work.

The program helps U.S. growers meet labor needs legally and efficiently, supporting food production and rural economies across the country.

✅ Who Qualifies for an H-2A Visa?

For Employers:
✅ Must be a U.S. agricultural employer, association of agricultural producers, or an authorized agent.
✅ Must offer temporary or seasonal agricultural work — work tied to a specific time of year, event, or growing season.
✅ Must demonstrate that there are not enough qualified U.S. workers willing and available to perform the work.
✅ Must ensure that employing foreign workers will not adversely affect the wages or working conditions of U.S. workers in similar positions.

For Workers:
✅ Must be a citizen of an eligible H-2A country designated by the U.S. government.
✅ Must have a valid job offer from a certified H-2A employer.
✅ Must meet visa requirements and follow consular processing if applying from abroad.

✅ Key Features of the H-2A Visa

✅ Temporary and Seasonal: Covers temporary agricultural work for up to one year, with possible extensions in limited circumstances.
✅ Multiple Workers: Employers can petition for multiple workers on a single H-2A petition if they are filling the same type of position under the same conditions.
✅ Family: Spouses and unmarried children under 21 may apply for H-4 dependent visas, but they are not permitted to work in the U.S. under H-4 status.
✅ Worker Protections: Workers must receive free housing, transportation to and from the job site, and a wage equal to or higher than the Adverse Effect Wage Rate (AEWR).

✅ How the H-2A Process Works

📌 Step 1 — Obtain Temporary Labor Certification:
Employer must file a Temporary Agricultural Labor Certification with the U.S. Department of Labor (DOL), showing the need for foreign workers and confirming recruitment efforts for U.S. workers.

📌 Step 2 — File Form I-129:
Once the DOL certifies the labor certification, the employer files Form I-129, Petition for Nonimmigrant Worker, with USCIS for each worker or group of workers.

📌 Step 3 — Visa Application:
Approved workers apply for the H-2A visa at a U.S. consulate abroad and attend a visa interview. If approved, they receive the visa and travel to the U.S. to begin work.

📌 Step 4 — Compliance:
Employers must comply with strict wage, housing, transportation, and reporting requirements to maintain program eligibility and avoid penalties.

✅ Employer Responsibilities

Under the H-2A program, employers must:
✅ Provide free, safe, and decent housing to workers who cannot return to their permanent residence the same day.
✅ Pay for inbound and outbound transportation between the worker’s home country and the place of employment.
✅ Provide meals or kitchen facilities for workers to prepare their own food.
✅ Pay the required wage rates and comply with DOL conditions.

✅ Benefits of the H-2A Visa Program

✅ Fills critical labor shortages in U.S. agriculture.
✅ Provides a legal, regulated seasonal workforce.
✅ Helps agricultural employers plan for peak seasons.
✅ Protects wages and working conditions for U.S. workers and foreign workers alike.

✅ How USCIS Expert Helps

The H-2A process can be paperwork-intensive, time-sensitive, and strictly regulated. Noncompliance can result in fines, delays, or future bans from the program. USCIS Expert helps you:

✅ Determine eligibility and prepare the Temporary Labor Certification.
✅ File Form I-129 petitions correctly and on time.
✅ Guide foreign workers through the visa interview and entry process.
✅ Understand and meet strict wage, housing, and transportation requirements.
✅ Maintain compliance and avoid costly penalties.

Grow Your Workforce — Stay Compliant

When your crops depend on reliable hands, the H-2A program keeps your business moving legally and responsibly. Let USCIS Expert help you secure the seasonal labor you need while staying compliant and competitive.

✅ Contact us today to find out how to hire seasonal agricultural workers under the H-2A visa program — and keep your harvest on track.