H-2A Temporary Agricultural Worker Visa
Temporary visa for foreign workers performing seasonal or temporary agricultural labor in the United States.
298,506
Visas Issued FY2023
No cap
Annual Cap
Seasonal / Temporary
Type
What is the H-2A Visa?
The H-2A visa program allows U.S. employers who anticipate a shortage of domestic workers to bring foreign nationals to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. It is the largest temporary employment visa category by volume. Employers must demonstrate that there are not sufficient able, willing, and qualified U.S. workers available, and that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Eligibility Requirements
Application Process
Employer files a temporary labor certification application with the Department of Labor
Employer conducts required domestic worker recruitment efforts
Upon DOL certification, employer files Form I-129 petition with USCIS
Worker applies for H-2A visa at a U.S. Embassy or Consulate
Worker enters the U.S. and begins authorized agricultural employment
Duration of Stay
Up to 1 year, extendable in 1-year increments up to 3 years total
Frequently Asked Questions
QIs there an annual cap on H-2A visas?
No, unlike many other visa categories, the H-2A program has no annual numerical cap. The number of visas issued is based entirely on employer demand and the Department of Labor's certification that domestic workers are unavailable.
QWhat are the employer obligations under H-2A?
Employers must provide free housing that meets federal standards, pay for inbound and outbound transportation, pay the Adverse Effect Wage Rate (AEWR) or prevailing wage (whichever is higher), guarantee work for at least 75% of the contract period, and provide workers' compensation insurance.
QCan H-2A workers bring their families?
H-2A workers can bring their spouse and unmarried children under 21 on H-4 dependent visas. However, H-4 dependents are not authorized to work in the United States.
Related Visa Types
H-2B Temporary Non-Agricultural Worker Visa
Temporary visa for foreign workers filling non-agricultural positions that are seasonal, peak-load, intermittent, or one-time in nature.
H-1B Specialty Occupation Visa
Work visa for professionals in specialty occupations requiring a bachelor's degree or higher.
H-4 Dependent Visa
Dependent visa for spouses and unmarried children under 21 of H-1B, H-2A, H-2B, and H-3 visa holders.
Related Immigration Forms
Petition for a Nonimmigrant Worker
Filed by U.S. employers to petition for a foreign worker to come to or remain in the U.S. temporarily in a nonimmigrant worker classification.
Arrival/Departure Record
Documents a traveler's arrival and authorized stay period in the United States.
Online Nonimmigrant Visa Application
Required online application for all nonimmigrant visa applicants at U.S. Embassies and Consulates.
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