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H-2A Temporary Agricultural Workers

H-2A Temporary Agricultural Workers

H-2A Visa & Immigration cases handled across USA & beyond. Just a click away.

The H-2A Visa allows foreign workers entry to the U.S. to work in agriculture. The H2A visa is not self-petitioned. Employers must apply on behalf of their employees. The employer can be self-employed, a partnership, corporation, or agricultural association. An agent may also apply on behalf of the employer.

 

Who May Qualify for H-2A Classification?

To qualify for H-2A nonimmigrant classification, the petitioner must:

  • Offer a job that is of a temporary or seasonal nature.
  • Demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • Show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Generally, submit with the H-2A petition, a single valid temporary labor certification from the U.S. Department of Labor.

H-2A Eligible Countries List

Except as noted below, H-2A petitions may only be approved for nationals of countries that the Secretary of Homeland Security has designated, with the concurrence of the Secretary of State, as eligible to participate in the H-2A program.

Effective Jan. 18, 2014, nationals from the following countries are eligible to participate in the H-2A program:

Argentina

Fiji

Mexico

Slovakia

Australia

Grenada

Moldova

Slovenia

Austria

Guatemala

Montenegro

Solomon Islands

Barbados

Haiti

Nauru

South Africa

Belize

Honduras

The Netherlands

South Korea

Brazil

Hungary

Nicaragua

Spain

Bulgaria

Iceland

New Zealand

Switzerland

Canada

Ireland

Norway

Thailand

Chile

Israel

Panama

Tonga

Costa Rica

Italy

Papua New Guinea

Turkey

Croatia

Jamaica

Peru

Tuvalu

Dominican Republic

Japan

The Philippines

Ukraine

Ecuador

Kiribati

Poland

United Kingdom

El Salvador

Latvia

Romania

Uruguay

Estonia

Lithuania

Samoa

Vanuatu

Ethiopia

Macedonia

Serbia

 


Period of Stay

Generally, USCIS may grant H-2A classification for up to the period of time authorized on the temporary labor certification.  H-2A classification may be extended for qualifying employment in increments of up to 1 year each.  A new, valid temporary labor certification covering the requested time must accompany each extension request.  The maximum period of stay in H-2A classification is 3 years.

A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant.   Additionally, previous time spent in other H or L classifications counts toward total H-2A time.

Exception: Certain periods of time spent outside of the United States may “interrupt” an H-2A worker’s authorized stay and not count toward the 3-year limit.

 

Family of H-2A Workers

 

An H-2A worker’s spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification.  Family members are not eligible for employment in the United States while in H-4 status.

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