H2A Visa

Frequently Asked Questions & Answers

1. What is H2A visa?

The H-2A temporary agricultural visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to perform agricultural labor or services of a temporary or seasonal nature.

Note: The 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.

2. What is meant by 'temporary or seasonal nature' of agricultural labor?

‘Temporary or seasonal nature’ means employment performed at certain seasons of the year, usually in relation to the production and/or harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign workers is truly temporary.

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3. What privileges do I enjoy on H-2A visa?

On H-2A visa you may:

  1. Enter into the U.S. for temporary work and enjoy all the benefits of a regular employee
  2. Get your dependents to stay with you in the U.S.
  3. Travel in and out of the U.S. freely till the validity of your visa
  4. Change jobs if you can show a new job offer

4. What are the limitations of H-2A visa?

The limitations of H-2A visa are:

  1. The job must be temporary in nature and the need should be for one year or less. The employer’s need cannot be ongoing or continuous
  2. The employer has the burden of establishing the facts necessary to support a finding that the need is seasonal or temporary
  3. H-2A time counts whether you are in the U.S. or abroad
  4. H-2A dependents may not work in the U.S.

5. What are the requirements for H-2A visa employer?

The requirements are:

  1. An agricultural employer may file an application requesting temporary foreign agricultural labor certification
  2. 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
  3. Travel in and out of the U.S. freely till the validity of your visa
  4. 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

Note: Many of the benefits that must be included in a job offer and other conditions that must be satisfied will be dependent upon what prevailing practices exist in the same occupation, crop and area. Employers are advised to make an independent determination of factors such as prevailing wages and employer practices before filing an application