US H-2A agricultural worker visa

Who it is for

The H-2A visa is designed for foreign nationals hired to do temporary or seasonal agricultural work, such as planting, cultivating and harvesting crops, for a specific US employer that has been approved to hire them.

It suits workers who have a confirmed job offer from a US farm employer that is willing to sponsor them and complete the certification and petition process. It is not a route for people looking to find work after arriving or for permanent settlement.

• Seasonal or temporary farm labourers with a US job offer
• Workers whose employer has obtained DOL labour certification
• Generally nationals of countries designated as eligible for the H-2A programme

Eligibility requirements

To support an H-2A petition, the employer must show the job is temporary or seasonal in nature, that there are not enough US workers available to do the work, and that employing foreign workers will not adversely affect the wages and working conditions of similar US workers. A valid temporary labour certification from the Department of Labor is generally required before the petition is filed.

• A genuine temporary or seasonal agricultural job offer from a US employer
• An approved temporary labour certification from the US Department of Labor
• An approved Form I-129 petition filed by the employer with USCIS
• Nationality of a DHS-designated eligible country, or a case-by-case approval
• Intention to leave the US when the authorised stay ends

How to apply

The process moves through three agencies. The employer secures labour certification from the Department of Labor, then files the H-2A petition with USCIS. After the petition is approved, the prospective worker applies for the visa abroad.

Workers complete the online DS-160 nonimmigrant visa application, pay the visa fee, and attend an interview at a US embassy or consulate, where fingerprints are usually taken. Having a visa allows travel to a US port of entry, but a Customs and Border Protection officer makes the final decision on admission.

• Employer obtains a temporary labour certification from DOL
• Employer files Form I-129 with USCIS and receives approval
• Worker completes the DS-160 and pays the visa application fee
• Worker attends the visa interview and provides biometrics
• Worker travels to the US and is admitted by a CBP officer

Period of stay and extensions

H-2A status is initially granted for the period of the employer's certified need. It can be extended in increments of generally up to one year for continuing or new approved employment.

The total time a worker may spend in H-2A status is capped at three years. After reaching that limit, the worker must generally leave the US for an uninterrupted period before being able to seek H-2A status again.

• Initial stay matches the labour certification's period of need
• Extensions granted in increments of up to one year
• Maximum of three years in H-2A status
• A qualifying absence is generally needed before requalifying

Bringing family

A worker's spouse and unmarried children under 21 may apply for H-4 dependent status to accompany or join them. H-4 dependants may live and, subject to the rules, study in the US, but they are not authorised to work while in H-4 status.