H-2A Temporary Agricultural Workers
The H-2A program enables US employers or US agents who meet certain regulatory requirements to bring foreign nationals to the US 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 a Nonimmigrant Worker, on a prospective worker's behalf.
Those who plan to work in temporary or seasonal agricultural jobs are eligible for the H-2A visa. Seasonal here refers to the fact that the work falls inside a predetermined time frame or occasion. Temporary here refers to projects that are finished in less than a year.
Who May Be Eligible for H-2A Status?
To be eligible for H-2A nonimmigrant status, the petitioner must meet the following requirements:
Provide a job that is temporary or seasonal.
Demonstrate that there aren't enough American workers who are able, willing, qualified, and available to do the temporary work.
Exemplify that hiring H-2A workers will not have a negative impact on the wages and working conditions of similarly employed US workers.
In general, with the H-2A petition, include a single valid temporary labor certification from the US Department of Labor. (In certain "emergent circumstances," there is a limited exception to this requirement.) For more information, see 8 CFR 214.2(h)(5)(x).)
H-2A Program's Application Process
Step 1 of the H-2A Program's Application Process: The petitioner must apply for and obtain a temporary labor certification for H-2A workers from DOL prior to asking USCIS for H-2A classification.
The petitioner sends USCIS Form I-129. The petitioner must submit Form I-129 to USCIS after getting a temporary labor certification from DOL for H-2A employment. With a few exceptions, the petitioner must include an original temporary labor certification with Form I-129 as the first piece of proof.
Prospective employees from abroad apply for a visa and/or admittance. Prospective H-2A workers outside of the United States must, after USCIS approves Form I-129, do one of the following:
• Apply for an H-2A visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad, and then apply for admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or
• Directly apply for admission to the United States in H-2A classification with CBP.
Processing Times & Visa Duration
How long do H-2A visas take to process?
Due to seasonality, processing timelines for H-2A visas can fluctuate and can take longer. It is advised that US companies submit petitions to USCIS at least 60 days, but no later than 120 days, before they require the foreign workers.
Days Minimum
Before Start
Days Maximum
Before Start
How much time does an H-2A visa last?
Agricultural H-2A visas are transitory and only good for one year. The employee must therefore go back to their place of origin after a year. The H-2A visa can, however, be extended if they haven't finished the job and the firm still needs them or if they find another employer. A person with an H-2A visa may stay in the US for a maximum of three years. Extensions are made in one-year increments.
How to Choose an H-2A Visa Lawyer?
When choosing an H-2A agricultural visa lawyer, consider several key factors to protect your farm operation and workers.
Verify Experience
Verify the lawyer's experience handling H-2A petitions — DOL temporary labor certification, USCIS Form I-129 filings, and seasonal worker compliance.
Discuss Case Strategy
Ask how they manage DOL certification timelines, recruitment documentation, and the 60–120 day filing window before your season begins.
Check Client Testimonials
Read reviews from past H-2A employer clients to assess satisfaction and the firm's success rate with agricultural worker petitions.
Transparent Fee Structure
Clarify the lawyer's fee structure upfront, including costs for DOL filing, USCIS petition, and any emergency or expedited processing.
Why Choose Raju Law?
Integration of Legal Expertise and Client Commitment
Raju Law stands out by combining exceptional legal knowledge with a strong focus on client success.
Comprehensive Advocacy
Our attorneys go beyond merely filing petitions; they act as advocates, strategists, and guides throughout the H-2A process.
Client-Centered Approach
We prioritize your operational goals, ensuring every step of the agricultural worker petition aligns with your harvest timeline.
Expert Navigation of Legal Complexities
Our team approaches each case with unwavering diligence to simplify and address the intricacies of seasonal worker immigration law.
