The H2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.

Benefits of the H2A Visa

i) You can enter the U.S. for temporary work and enjoy all employee benefits
ii) Your dependents can stay with you in the U.S.
iii) You can freely travel in and out of the U.S. on the H2A visa
iv)You can change jobs if you can show a new job offer

Requirements for the H2A Visa

A. Criteria for Determining Employer's Eligibility

The following general categories of individuals or organizations may import foreign workers under the H2A visa:
i)An agricultural employer who anticipates a shortage of U.S. workers needed to perform agricultural labor or services of a temporary or seasonal nature
ii)The employer may be an individual proprietorship, a partnership or a corporation. An association of agricultural producers may file as a sole employer, a joint employer with its members, or as an agent of its members
iii)An authorized agent, whether an individual (e.g., an attorney) or an entity (e.g., an association), may file an application on behalf of an employer. Associations may file master applications on behalf of their members

The employer must satisfy the following conditions to import foreign workers under the H2A visa:

i)Recruitment: The employer must engage in independent positive recruitment of U.S. workers. This means an active effort, including newspaper and radio advertising in areas of expected labor supply. Such recruitment must be at least equivalent to that conducted by non-H2A agricultural employers to secure U.S. workers
ii)Wages: The wage or rate of pay must be the same for U.S. workers and H2A workers. The rate must also be at least as high as the applicable Adverse Effect Wage Rate or the applicable prevailing wage rate, whichever is higher
iii)Housing: The employer must provide free and approved housing to all workers who are not able to return to their residences the same day
iv)Meals: The employer must provide either three meals a day to each worker or furnish free and convenient cooking and kitchen facilities for workers to prepare their own meals. If meals are provided, then the employer may charge each worker a certain amount per day for the three meals
v)Transportation: The employer is responsible for the following different types of transportation of workers:

a.After a worker has completed 50 per cent of the work contract period, the employer must reimburse the worker for the cost of transportation and subsistence from the place of recruitment to the place of work
b. The employer must provide free transportation between any required housing site and the worksite for any worker who is eligible for such housing
c.Upon completion of the work contract, the employer must pay return transportation or transportation to the next job

vi)Workers' Compensation Insurance: The employer must provide Workers' Compensation or equivalent insurance for all workers. Proof of insurance coverage must be provided to the Regional Administrator (RA) before certification is granted
vii)Tools and Supplies: The employer must furnish at no cost to the seasonal agricultural workers all tools and supplies necessary to carry out the work, unless it is common practice for the workers to provide certain items
viii)Three-fourths Guarantee: The employer must guarantee to offer each worker employment for at least three-fourths of the workdays in the work contract period and any extensions
ix)Fifty per cent rule: The employer must employ any qualified U.S. worker who applies for a job until 50 per cent of the contract period has elapsed.
x) Labor Dispute: The employer must assure that the job opportunity for which the employer is requesting H2A certification is not vacant due to a strike or lockout.
xi)Certification Fee: A fee will be charged to an employer granted temporary alien agricultural labor certification
xii)Other Conditions: The employer must keep accurate records with respect to a worker's earnings. The worker must be provided with a complete statement of hours worked and related earnings on each payday. The employer must pay the worker at least twice monthly or more frequently if it is the prevailing practice. A copy of the work contract must be provided by the employer to each worker

B. Criteria for Determining Employee's Eligibility

You are eligible for the H2A seasonal agricultural workers visa provided:
i)You have a valid job offer from a U.S. employer to perform temporary or seasonal agricultural work
ii)You intend to return to your home country on expiration of the visa


Applying for the H2A Visa
You cannot apply for an H2A visa as an individual. A U.S. employer must sponsor you for an H2A visa.

A. Applying for Temporary Labor Certification
The certification is designed to ensure that the admission of foreigners to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers.

The U.S. employer must file the Labor Certification at the appropriate State Workforce Agency (SWA) at least 45 days before the day on which workers are needed. In emergency situations, the SWA may waive the time period specified, provided the SWA has an opportunity to obtain sufficient labor market information on an expedited basis in order to make a determination of U.S. worker availability.

The Labor Certification application may be filed using any of the following methods:
i)Filed in person with the appropriate regional administrator and local SWA
ii)Mailed to the appropriate regional administrator and local office of the SWA by certified mail, return receipt requested
iii)Delivered by guaranteed commercial delivery to the appropriate regional administrator and local office of the SWA

The H-2B certification is valid for up to 364 days. As temporary or seasonal non-agricultural employment, the work is performed at certain seasons of the year or for a limited time period of less than one year when the employer can show that the need for the foreign worker is truly temporary.

B. Filing the H-2B Petition
An H-2B temporary worker visa petition is filed on U.S. Citizenship and Immigration Services (USCIS) Form I-129, along with the Form I-129H supplement and the approved Labor Certification from the U.S. Department of Labor. Your H-2B temporary worker visa petition must include:

i) A valid temporary non-agricultural labor certification, or U.S. workers do not appear at the work site, a copy of the Department of Labor's denial of a certification and appeal, and evidence that qualified domestic labor is unavailable
ii)Copies of evidence that each foreign worker named in the petition meets the minimum job requirements stated in the certification

C. Applying for the H-2B Visa at a U.S. Consulate
To apply for the H-2B visa, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:
i)DOS Form DS-156, Nonimmigrant Visa Application
ii)DOS Form DS-157, Supplemental Nonimmigrant Visa Application, for all male applicants between the ages of 16 and 45
iii)A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page
iv)Two identical color photographs showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member
v)Proof that you meet the minimum job requirements stated in the labor certification application


Duration of Stay
An H-2B visa is usually issued for a period of one year, and can be extended by two one-year extensions for a maximum of three years in H-2B visa.

Spouses and Children
Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for an H-4 visa.