
H-2A Temporary Agricultural Workers
The H-2A visa program allows U.S. employers to bring foreign workers to the United States to fill temporary agricultural jobs. The program is administered by the U.S. Departments of Labor (DOL), Homeland Security (DHS), and State (DOS).
The H-2A visa program enables U.S. agricultural employers to bring foreign workers into the country on a temporary basis to fill jobs for which there are not enough domestic workers available. Employers must demonstrate this need and guarantee certain conditions for these workers, including adequate wages, housing, and transportation. The program is designed to support American agriculture while also protecting the rights of both domestic and foreign workers.
Purpose
- H-2A Visas provide agricultural employers a legal means to hire foreign workers when domestic labor is insufficient.
- To protect the wages and working conditions of both foreign and domestic workers.
Requirements for Employers
- Labor Certification: Employers must first obtain a temporary labor certification from the DOL, demonstrating that:
- There are not enough U.S. workers able, willing, and qualified to do the temporary work.
- Employing foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
- Petition with USCIS: Once certified by the DOL, employers file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).
- Guarantees: Employers must provide certain guarantees to H-2A workers, including:
- Payment of at least the applicable minimum wage, prevailing wage, or adverse effect wage rate (AEWR), whichever is highest.
- Free housing.
- Workers’ compensation insurance.
- Transportation to the worksite.
- A guarantee of employment for at least 75% of the work contract period.
Requirements for Workers
- Job Offer: Workers must have a bona fide job offer from a U.S. employer.
- Workers must be citizens of eligible countries, as designated by the Secretary of Homeland Security with the concurrence of the Secretary of State.
- Visa Application: Workers must apply for an H-2A visa at a U.S. embassy or consulate abroad.
Key Features
- Temporary: The H-2A visa is temporary, generally limited to the length of the work contract, which cannot exceed one year.
- Seasonal: The work must be seasonal or temporary in nature.
- Agricultural: The work must be agricultural in nature, generally defined as the cultivation and harvesting of crops, or the raising of livestock.