H-2A visas for temporary agricultural workers

Eligibility requirements

To qualify for H-2A workers, employers must show:

1. Temporary or seasonal needThe job must be for a limited period, such as planting, harvesting or other seasonal agricultural activities.
2. Lack of available U.S. workersThere are not enough qualified, willing and available U.S. workers to fill the positions.
3. No adverse effect on U.S. laborHiring foreign workers must not negatively affect wages or working conditions of similarly employed U.S. workers.
4. Temporary labor certificationA valid certification from the U.S. Department of Labor is required before petitioning, including recruitment of U.S. workers first.

Key documents

1. Form ETA-790Identifies the employer and the intent to request H-2A workers.
2. Form ETA-9142AApplication for Temporary Employment Certification, submitted to the DOL.
3. Recruitment reportA record of efforts to hire U.S. workers.
4. Form I-129Petition for a Nonimmigrant Worker, submitted to USCIS.

The three phases

1. 01Labor certification (DOL)Job order and certification application, active recruitment of U.S. workers, and a recruitment report.
2. 02H-2A petition (USCIS)Form I-129 filing, with responses to any requests for additional evidence.
3. 03Worker admissionWorkers apply at a U.S. consulate in their home country, then travel to the place of employment.