The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. A U.S. employer,a U.S. agent as described in the regulations,or an association of U.S. agricultural producers named as a joint employer must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf.

Topics

Who May Qualify for H-2A Classification?
H-2A Program Process
H-2 Eligible Countries List
Period of Stay
Family of H-2A Workers
Employment-Related Notifications to USCIS
Fee-Related Notifications to USCIS

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 enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition.  (A limited exception to this requirement exists in certain “emergent circumstances.”  See e.g., 8 CFR 214.2(h)(5)(x) for specific details.)