H-2A Visa

H-2A VISA

U.S. employers utilize the H-2A program to fill temporary agriculture jobs.

TO QUALIFY, EMPLOYERS MUST ESTABLISH THAT:

They seek to fill temporary or seasonal positions with foreign national workers.
There are not enough U.S. workers who are able, willing, and qualified to perform the temporary work.
Employing foreign nationals on H-2A visas will not adversely affect U.S. workers' wages and working conditions in similar positions.
They have a valid temporary labor certification from the U.S. Department of Labor.

H-2A APPLICATION PROCESS

Job Order with the State Workforce Agency (SWA)

01

The employer needs to place a job order with the SWA in the state where the work will be performed. This order must be placed in the area of intended employment for a specific period and include details about the job requirements, wages, and other relevant information.

Complete Housing Inspection

02

Employers are required to provide housing that meets the applicable safety and health standards. They must ensure that the housing is provided without cost to the employee and is reasonably located.

Complete Recruitment Steps

03

The employer must conduct recruitment efforts to attract U.S. workers for the job. The employer must be able to show that there were no qualified and available U.S. workers for the position.

File Temporary Labor Certification

04

The U.S. employer must file an Application for Temporary Employment Certification with the appropriate State Workforce Agency (SWA). This application includes detailed information about the job, such as the nature of the work, location, duration, and the number of workers needed.

File I-129 Petition for Nonimmigrant Workers

05

Once the labor certification is approved by the Department of Labor (DOL), the employer can submit Form I-129, Petition for a Nonimmigrant Worker, to U.S. Citizenship and Immigration Services (USCIS). This form should be submitted with the required supporting documents, including the approved labor certification.

Consular Processing

06

USCIS will review the petition and supporting documents. If approved, the employer will receive a Notice of Action (Form I-797).

USCIS Processing

07

Approved H-2A petitioners must have their prospective employees apply for an H-2A visa at a U.S. consulate or embassy in their home country. This process includes an interview with a consular officer.

Arrival in the U.S.

08

Once the H-2A visa is issued, the worker can travel to the U.S. for the approved employment period.

TYPICAL H-2A TIMELINE

Job Preparation

01

- Several months before initiating the filing -
First, prepare the job description and supporting documents with the employer to improve the likelihood of success.

Submission of Application

02

- Within 90 days of the employment period -
Submit a job order with the State Workforce Agency no more than 90 days before the temporary/seasonal period begins. All subsequent steps, including recruitment, TLC filing, and consular processing, should be completed within that 90-day window unless DOL delays for additional review or requests other documentation.

Approval

03

- 3-4 weeks -
Consular processing of H2-A applications can usually be achieved in a few weeks, again depending upon the country's conditions and consulate location.

Consult with an expert immigration lawyer to ensure successful H-2A approvals.

It's essential for both the employer and the foreign worker to ensure they meet all eligibility criteria, provide accurate information, and adhere to legal requirements throughout the application process to increase the chances of a successful H-2A visa application. Working with attorneys gives peace of mind that applications and paperwork are completed correctly. Our team also assists with employment forms once workers arrive in the U.S. Most importantly, our recruitment services guarantee a fraud-free immigration and employment process.

GET IN TOUCH WITH IMMIGRATION EXPERTS >