How to Get a H-2A Visa
The H-2A Visa is a temporary visa for agricultural work offered only to nationals of certain countries. H-2A jobs are temporary or seasonal. The maximum amount of time one can stay in the U.S. on an H-2A visa is three years. Spouses and children of H-2A workers are welcome to come to the U.S. on H-4 visas.
Steps to Get a H-2A Visa
1. The petitioner (U.S employer or agent) must offer a job that is of temporary or seasonal nature.
They must prove they were unable to find a U.S worker to perform the job and prove that the hiring of the temporary worker will not affect the wages and working condition of U.S workers employed in similar jobs.
2. The petitioner must apply for and receive a temporary labor certification with the U.S. Department of Labor (DOL).
3. The petitioner must file Form I-129, Nonimmigrant Petition for Worker at USCIS, along with the temporary labor certificate.
4. After the USCIS approves the I-129, the applicant must apply for an H-2A visa with the U.S. Department of State (DOS) at the nearest U.S. embassy or consulate.
The applicant must file the visa application, Form DS-160, pay visa fees, and attend a visa interview.
5. Once granted a visa, the applicant must travel to the U.S. and request permission to enter from the Customs and Border Protection (CBP) at a U.S. port of entry.
