US Seasonal Agriculture Worker (H) Visas - H-2A Visas

H-2A visas enable foreign workers to enter the United States for seasonal, or temporary, agricultural work, in the case that there is a shortage of domestic workers. Before seeking H2-A visas for foreign workers, employers must actively recruit American workers, and agree to give preference to American workers over foreign workers. When an H2-A visa is obtained, it is valid for 364 days. Foreign workers employed under H2-A visas are mandated by law to receive the same workers' rights as American workers, including workers' compensation insurance, fair pay, housing, and transportation.

H-2A Requirements

In order to obtain an H2-A visa, an employer must ensure that:

• The job is temporary or seasonal (usually based on agricultural periods
• The usage of H2-A employees will not have a negative affect on the working conditions, including the wages, of domestic workers employed in similar fields
• There is not a sufficient number of domestic workers to be employed
• The company is appropriately certified by the U.S. Department of Labor

The countries eligible for H2-A visas is updated yearly by the Department of Homeland Security and the Department of State. The updates for H-2A visas are valid one year from publication.

Applying for an H-2A Visa

There are three steps necessary to obtain for an H2-A visa, including submitting necessary certification, submitting an I-129 form, and upon approval, the application for the visa by the prospective workers. Refer to the links below for detailed information regarding H2-A visas.

H-2A Visa Application Information

• H2-A Visa Application Process
• H2-A Visa Updates
• H2-A Visa Employee Rights and Requirements
• Guide to the H2-A Visa Program

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