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H-2A — Temporary Agricultural Worker
United StatesUnited States•North America
Open

H-2A — Temporary Agricultural Worker

Work Dependents Allowed

At a Glance

Processing Time

2 weeks

Estimated Cost

USD $775–$2,005

Varies by filing options

Stay Duration

1 year

Renewable

Renewal

Renewable

Family

Dependents allowed

PR Pathway

None

Sponsor

Job offer required

Work

Remote not required

Apply Now Official Information
United States flag

Living in United States

Cost of Living
Baseline
Avg Salary$52,000
Quality of Life
185/200
Full Country Guide

Overview

Seasonal or temporary agricultural work when qualified U.S. workers are unavailable. No annual cap.

The H-2A is a US temporary work visa for foreign nationals to fill seasonal or temporary agricultural jobs when qualified US workers are unavailable. It requires employer sponsorship via DOL labor certification and USCIS petition, with no annual cap on numbers.

Initial stay is up to 1 year, extendable in 1-year increments to a 3-year total. Workers must spend at least 3 months outside the US after reaching the limit. No education is required. Employers must pay the Adverse Effect Wage Rate, provide housing, and guarantee three-quarters of contract hours.

This visa is ideal for agricultural laborers from any country who have a US employer offering seasonal farm work and intend to return home after the contract.

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Cost Breakdown

I-129 filing fee (Named beneficiaries, large employer)USD $1,090
I-129 filing fee (Named beneficiaries, small employer/nonprofit)USD $545
I-129 filing fee (Unnamed beneficiaries, large employer)USD $530
I-129 filing fee (Unnamed beneficiaries, small employer/nonprofit)USD $460
Asylum Program Fee (large employer)USD $600
Asylum Program Fee (small employer)USD $300
Asylum Program Fee (nonprofit)USD $0
DOL labor certification base feeUSD $100
DOL per-worker feeUSD $10
DS-160 consular visa fee (per worker)USD $205
TotalUSD $775–$2,005

Stay & Extensions

Initial grant1 year

Annual Cap & Quota

Unlimited (no annual cap)

Conversion Paths

Visas you can typically switch to from this status.

EB-2 — Employment Second Preference - Advanced Degree
United States flagUnited States

EB-2 — Employment Second Preference - Advanced Degree

ValidityIndefinite
Processing1.5–10 years
View Visa Details
EB-3 — Employment Third Preference - Skilled Worker/Professional
United States flagUnited States

EB-3 — Employment Third Preference - Skilled Worker/Professional

ValidityIndefinite
Processing3.5–12 years
View Visa Details

Requirements

PUBLISHED REQUIREMENTS

Employer must be a U.S. agricultural employer, agricultural association, or agent

Job must be of a temporary or seasonal nature (typically ≤10 months)

Employer must obtain DOL temporary labor certification (ETA Form 9142A)

Employer must demonstrate insufficient U.S. workers are available

Hiring foreign workers must not adversely affect wages or working conditions of U.S. workers

Worker must intend to depart after the authorized period

Work must be agricultural labor or services of a temporary or seasonal nature

Employer must pay the Adverse Effect Wage Rate (AEWR) or prevailing wage, whichever is higher

Employer must provide free housing or a housing allowance

Employer must pay inbound transportation costs (and outbound if worker completes the contract)

Worker must have the physical capacity to perform the agricultural work (no maximum age)

REQUIRED DOCUMENTS

Form I-129 (Petition for Nonimmigrant Worker) — filed by employer

ETA Form 9142A (H-2A Application for Temporary Employment Certification) — filed by employer

DOL labor certification approval notice

Job offer or work contract specifying wages, housing, and transportation terms

Form DS-160 (Online Nonimmigrant Visa Application) — filed by worker

Valid passport

Evidence of agricultural employer status

Evidence of temporary or seasonal need

Form I-94 (Arrival/Departure Record) upon entry

Advantages & Considerations

Key Benefits

  • No annual visa cap — unlimited H-2A visas available
  • Employer bears most costs: filing fees, housing, and transportation
  • Spouse and children may accompany on H-4 dependent visas
  • Extensions available in 1-year increments up to a 3-year maximum
  • Strong worker protections including mandatory AEWR wage floor and employer-provided housing
  • Whistleblower protections enacted January 2025
  • Concurrent DOL/USCIS filing now available for unnamed beneficiaries (October 2025), reducing overall lead time

Worth Knowing

  • No path to permanent residence
  • Workers must demonstrate nonimmigrant intent; dual intent does not apply
  • After reaching the 3-year maximum, must depart the U.S. for at least 3 consecutive months before reapplying
  • Only nationals of USCIS-designated qualifying countries may participate (list updated annually)
  • Work authorization strictly tied to the petitioning employer's agricultural operation
  • Premium processing is not available for H-2A petitions
  • Employers face petition denials of 1–4 years for serious labor law violations
  • Two-stage process (DOL certification + USCIS petition) adds complexity and lead time
  • H-4 dependents receive no work authorization

Application Process

1

Employer files ETA Form 9142A (temporary labor certification) with DOL OFLC via FLAG system

2

DOL processes labor certification (~18 days for complete applications)

3

Employer files Form I-129 petition with USCIS (concurrent DOL/USCIS filing available for unnamed beneficiaries as of October 2025)

4

USCIS adjudicates I-129 petition (~15 days due to automatic expedited processing)

5

Worker applies for H-2A visa at U.S. consulate abroad via Form DS-160

6

Worker attends consular interview

7

Worker is admitted at a U.S. port of entry

Application Forms

Go to application portal
I-129
Petition for a Nonimmigrant Worker
Fill online
ETA Form 9142A
H-2A Application for Temporary Employment Certification
Fill online
DS-160
Online Nonimmigrant Visa Application
Fill online
I-94—

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