H-2A Agricultural Workers

The H-2A agricultural worker visa program establishes a means for agricultural employers with 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.  Employment is of a seasonal nature where it is tied to a certain time of year by an event or pattern. Employment is of a temporary nature where the employer’s need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than one year.

In order to petition for H-2A workers, the employer must file an application stating that:

(1) There are not sufficient able, willing, and qualified U.S. workers available to perform the temporary and seasonal agricultural employment; and

(2) Employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.