An H2A visa is a temporary work visa for foreign agricultural workers with a job offer for seasonal agricultural work in the US. The H2A visa program is open to nationals of countries that the United States Secretary of Homeland Security has designated as eligible to participate and is revised annually.
Those with a temporary job offer in a non-agricultural industry may be eligible for an H2B visa to work in the US.
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.
- Offer a job that is of a temporary or seasonal nature.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.”