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H-2A Visas : Seasonal Agricultural Workers & H-2B Visas : Temp Workers

The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs for which U.S. workers are not available.  H-2A non-immigrant classification applies to aliens seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States on a temporary basis. A U.S. employer (or an association of U.S. agricultural producers named as a joint employer) must file a Form I-129, Petition for Nonimmigrant Worker on a prospective worker?s behalf.

H-2A Seasonal Agricultural Workers; Notice- USCIS revised H-2A program requirements and regulations, which applies to all petitions filed. For more information, review H-2A information on the USCIS website.

H-2B Temporary or Seasonal Nonagricultural Workers. This classification generally requires a temporary labor certification issued by the Department of Labor (66,000);

To qualify for H-2A nonimmigrant classification:

* The job offered must be of a temporary or seasonal nature

* The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work

* The employer must show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers

* Generally, a single, valid temporary labor certification from the U.S. Department of Labor must be submitted 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).

H-2A Program Process

Step 1: Employer Submits Temporary Labor Certification Application to the U.S. Department of Labor.  Prior to requesting H-2A classification from USCIS, the employer must apply for and receive a temporary labor certification for H-2A workers with the U.S. Department of Labor. For further information regarding the temporary labor certification requirements and process, see the "Foreign Labor Certification, Department of Labor" link to the right.

Step 2: Employer Submits a Form I-129 to USCIS.  After receiving a temporary labor certification for H-2A employment from the U.S. Department of Labor (DOL), the employer should file Form I-129, Petition for Nonimmigrant Worker, with USCIS requesting H-2A workers. The DOL approved temporary labor certification must be submitted with Form I-129.  (See the instructions to the Form I-129 for additional filing requirements.)

Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission.  After an employer?s Form I-129 is approved by USCIS, prospective H-2A workers who are outside the United States may apply with the U.S. Department of State at a U.S. embassy or consulate abroad for an H-2A visa (if a visa is required) and, regardless of whether a visa is required, apply to U.S. Customs and Border Protection for admission to the United States in H-2A classification.

• Notice- USCIS revised H-2B program requirements and regulations, which applies to all petitions filed. For more information, review H-2B information the USCIS website.