h-2a - Agricultural work visa

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Section 218 of the Immigration and Nationality Act authorizes the lawful  admission into the United States of temporary, non-immigrant workers  (H-2A workers) to perform agricultural labor or services of a temporary  or seasonal nature. Before the U.S. Citizenship and Immigration Services  (USCIS) can approve an employer's petition for such workers, the  employer must file an application with the Department’s Employment and  Training Administration (ETA) stating, among other things, that there  are not sufficient workers who are able, willing, qualified, and  available, and that the employment of aliens will not adversely affect  the wages and working conditions of workers similarly employed in the  U.S.. Any employer using H-2A workers must have initially attempted to  find U.S. workers to fill these jobs. H-2A workers and domestic workers  in corresponding employment must be paid special rates of pay that vary  by locality, must be provided housing and transportation from that  housing to the job site if their employment requires them to be away  from their residence overnight, and must be guaranteed an offer of  employment for a total number of hours equal to at least 75% of the work  period specified in the contract.

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

• Offer a job that is temporary or seasonal;
• Demonstrate that there are not enough  U.S. workers who are able, willing, qualified, and available to do the temporary work;
• Show that prospective employees are nationals of an H-2A eligible country (see the H-2A temporary Agricultural Workers page for the list);
• Show that employing H-2A workers will not adversely affect the  wages and working conditions of similarly employed U.S. workers; and
• Submit a valid temporary labor certification from the U.S.  Department of Labor.  (A limited exception to this requirement exists in  certain “emergent circumstances.” See 8 CFR 214.2(h)(5)(x) for specific  details.)

H-2A beneficiaries may stay in the United States for up to three years.

Please visit the H-2A Temporary Agricultural Workers page for more information.