06 Aug

H-2A Visa

An H-2A visa(Temporary Agricultural Workers) allows a foreign national entry into the U.S. for temporary or seasonal agricultural work. 

H-2A visa is a program for Temporary Agricultural Workers. which is different from H-2B Visa program for non-agricultural temporary worker. 

Period of Stay: initial stay of no more than 1 year, could be extended in increments of 1 year. The maximum period of stay is 3 years. 

Family: Spouse and unmarried children under 21 years of age of an H-2A worker may seek admission in H-4 nonimmigrant classification. H-4 Visa holder does not have work authorization in United States. 

Green Card Intent: Not permitted. A foreign worker in H-2A nonimmigrant status for 3 years is required to depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant. 

H-2A Program Process 

  1. Employer Submits Temporary Labor Certification Application to the U.S. Department of Labor.
  2. Employer Submits a Form I-129 to USCIS.
  3. Prospective Workers Outside the United States Apply for Visa and/or Admission.

Statistics: In fiscal year 2010, USCIS received 64,071 applications for H-2A visa, approved 55,921 of them, and denied 8,150, waived or overcome 2,449. 


H-2A Qualification 

  • The job offered must be of a temporary or seasonal nature.
  • The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • The employer must show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers
  • Generally, a single, valid temporary labor certification from the U.S. Department of Labor must be submitted with the H-2A petition.