H2A VISA

The H2A visa is designated for individuals who will be employed as seasonal farm workers temporarily. The H2A visa may be issued for a period up to one year and may be extended for a three year total duration. There is no numerical limit to the number of H2A visas issued. A single petition may be used to sponsor a large number of H2A visas if:

• they will perform the same services;
• they will work at the same location; and
• they obtain their visa stamp through the same US Consulate.

Spouses and children of H2A visa holders may enter and remain in the US in H4 status. H4 visa holders may attend school in the US but cannot accept employment.

Foreign agricultural workers who will work for US companies to provide labor or services of a temporary or seasonal nature.

H2A visas are limited to nationals of the following countries unless the H2A petitioner can show it is in the US interest for the H2A applicant to be issued the visa.

An H2A petitioner must establish that the employment proposed in the certification is 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, such as a short annual growing cycle or a specific aspect of a longer cycle, and requires labor levels far above those necessary for ongoing operations. 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.