The H2A Visa allows foreign workers entry to the U.S. to work in agriculture. The H2A visa is not self-petitioned. Employers must apply on behalf of their employees. The employer can be self-employed, a partnership, corporation or agricultural association. An agent may also apply on behalf of the employer.

Who May Qualify for H-2A Classification?

To qualify for H-2A nonimmigrant classification, the petitioner must:

• Offer a job that is of a temporary or seasonal nature.
• Demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work.
• Show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
• Generally, submit with the H-2A petition, a single valid temporary labor certification from the U.S. Department of Labor.

H-2A Eligible Countries List

Except as noted below, H-2A petitions may only be approved for nationals of countries that the Secretary of Homeland Security has designated, with the concurrence of the Secretary of State, as eligible to participate in the H-2A program.

Effective Jan. 18, 2014, nationals from the following countries are eligible to participate in the H-2A program:

Argentina	Fiji	Mexico	Slovakia
Australia	Grenada	Moldova	Slovenia
Austria	Guatemala	Montenegro	Solomon Islands
Barbados	Haiti	Nauru	South Africa
Belize	Honduras	The Netherlands	South Korea
Brazil	Hungary	Nicaragua	Spain
Bulgaria	Iceland	New Zealand	Switzerland
Canada	Ireland	Norway	Thailand
Chile	Israel	Panama	Tonga
Costa Rica	Italy	Papua New Guinea	Turkey
Croatia	Jamaica	Peru	Tuvalu
Dominican Republic	Japan	The Philippines	Ukraine
Ecuador	Kiribati	Poland	United Kingdom
El Salvador	Latvia	Romania	Uruguay
Estonia	Lithuania	Samoa	Vanuatu
Ethiopia	Macedonia	Serbia

Period of Stay

Generally, USCIS may grant H-2A classification for up to the period of time authorized on the temporary labor certification.  H-2A classification may be extended for qualifying employment in increments of up to 1 year each.  A new, valid temporary labor certification covering the requested time must accompany each extension request.  The maximum period of stay in H-2A classification is 3 years.

A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant.   Additionally, previous time spent in other H or L classifications counts toward total H-2A time.

Exception: Certain periods of time spent outside of the United States may “interrupt” an H-2A worker’s authorized stay and not count toward the 3-year limit.

Family of H-2A Workers

An H-2A worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification.  Family members are not eligible for employment in the United States while in H-4 status.