The H-2A Visa Program Overview

The H-2A Temporary Agricultural Program allows agricultural employers to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services due to a seasonal or short term, temporary need. This temporary need should be tied to a certain time of year by an event or pattern, such as a short annual growing cycle.

In order to be eligible to recruit H-2A workers, the Department of Labor must determine that:

  1. There are not sufficient able, willing, and qualified U.S. workers available to perform the agricultural labor or services of a temporary or seasonal nature for which an employer desires to hire temporary foreign workers (H-2A workers); and
  2. The employment of the H-2A worker(s) will not adversely affect he wages and working conditions of workers in the U.S. similarly employed.

H-2A Application Process

Step 1: File a Job Order for an H-2A Job Opportunity with the National Processing Center and the State Workforce Agency

Step 2: File an H-2A Application for a Temporary Employment Certification with the U.S. Department of Labor

Step 3: Conduct Recruitment for U.S. Workers

Step 4: Complete the Temporary Labor Certification Process

Step 5: File your Immigration Petition with the U.S. Citizenship and Immigration Service

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