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

H-2A — Temporary Agricultural Worker

Work Dependents Allowed

At a Glance

Processing Time

14-21 days

Application Fee

2,850 USD

Stay Duration

1 year

Renewable

Yes

Job Offer

Required

Dependents

Allowed

PR Pathway

No

Remote Work

Not Required

Apply Now Official Information
United States flag

Living in United States

Cost of Living
Baseline
Avg Salary$51,000
Quality of Life
186/200
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.

Fee Breakdown

I-129 filing fee (small employer, ≤25 FTE)
545 USD
I-129 filing fee (large employer, >25 FTE)
1,090 USD
Asylum Program Fee (small employer)
300 USD
Asylum Program Fee (large employer)
600 USD
DOL labor certification base fee
100 USD
DOL per-worker fee
10 USD
DS-160 consular visa fee (per worker)
205 USD

Processing Tracks

DOL certification (complete application)2 weeks – 3 weeks
DOL certification (incomplete application)1 month – 2 months
USCIS I-129 standard2 weeks – 3 weeks

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
Processing547-3650 days
View Visa Details
EB-3 — Employment Third Preference — Skilled Worker/Professional
United States flagUnited States

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

ValidityIndefinite
Processing1277-4380 days
View Visa Details

Requirements

ELIGIBILITY 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)

KEY CRITERIA

Job Offer

Required

Education

none or higher

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 eligible 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 (2–6 months)

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—

Verified Claims (26)

Last verified May 30, 2026
Application StepsEmployer files ETA Form 9142A (temporary labor certification) with DOL OFLC via FLAG system; DOL pro…uscis.gov
Dependent VisaH-4uscis.gov
Fee BreakdownI-129 filing fee (small employer, ≤25 FTE): 545 USD; I-129 filing fee (large employer, >25 FTE): 109…uscis.gov
FeesI-129: $545 (small employer ≤25 FTE) or $1,090 (large employer) + Asylum Program Fee $300/$600; DOL …uscis.gov
FormsForm I-129 (Petition for Nonimmigrant Worker); ETA Form 9142A (H-2A Application for Temporary Employ…uscis.gov
Forms · DS-160 · descriptionOnline Nonimmigrant Visa Applicationtravel.state.gov
Forms · ETA Form 9142A · descriptionH-2A Application for Temporary Employment Certificationdol.gov
Forms · ETA Form 9142A · urlhttps://flag.dol.gov/programs/H-2Aflag.dol.gov

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