H2A Temporary Agricultural Workers

H2A Temporary & Seasonal Agricultural Workers

USCIS provides U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs for which U.S. workers are not available. H-2A nonimmigrant classification applies to aliens seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States on a temporary basis. The Alien must be petitioned by a US Employer or Association. H2A visas are generally valid for no longer than 1 year, however may be extended in 1 year increments up to 3 years.

To be eligible for an H-2A nonimmigrant classification:

  • 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.
  • The Beneficiary must be a national of an approved country. As of this writing, nationals are eligible of the following countries: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu. Of these countries, the following were designated for the first time this year: Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

H-2A Petition Process

  • Step 1: Employer must receive a Temporary Labor Certification from the United States Department of Labor;
  • Step 2: Employer must submit a Petition and be approved by USCIS
  • Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission at the overseas Consulate.

H2A visas are a detailed and time consuming process. A skilled Immigration Attorney is required to navigate the process and prepare your strongest case. Contact Cipolla Law Group for a consultation.