What is a Seasonal Agriculture Work Visa (H-2A)?

A seasonal agriculture work visa (H-2A) allows foreign workers to enter the U.S. for seasonal or temporary agricultural work under certain conditions:

• The employer must first prove that there is an insufficient amount of domestic workers to be employed for the position
• The employer must prove that the job is temporary or seasonal
• The employer must prove that prior to seeking H2-A foreign workers, they have consented to give priority to American workers over foreign workers and have actively recruited American workers.
• The U.S. Department of Labor has certified the company you are seeking to work for
• Hiring of an H2-A worker will not have adverse consequences on the working conditions of U.S. workers in the field

By law, foreign workers employed under this visa are granted equal rights to American workers including workers’ compensation insurance, fair pay, housing, and transportation.

Applying for an H2-A Visa

Prior to the submission of an H2-B visa application by a potential worker, the employer must first submit and get approval on necessary temporary labor certification as well as an I-129 form. Once approved by the USCIS, H-2A employees outside the U.S. must go straight to a Consulate or embassy to seek admission through a Port of Entry (POE).

An H2-A visa is effective for 364 days and may be prolonged in increments of one year at a time, up until 3 years maximum. Under the H-4 non-immigrant dependent visas, workers in H-2A status are permitted to bring their spouses and unmarried children under the age of 21, however, those in the H-4 status are not qualified for employment in the U.S.

If you have any questions or concerns about the H-2A visa and the application process, contact a Los Angeles Gay and Lesbian Immigration Attorney today for case consultation.