US H2A Work Visa Requirements: Temporary Agriculture Visa

Explore the gateway to agricultural opportunities in the US with the US H2A Work Visa Requirements: Temporary Agriculture Visa. Unlock your path to fulfilling work.

The H2A work visa program helps American farmers hire workers from other countries when they have employment gaps, such as during the planting and harvest seasons.

The two main agricultural visa types are seasonal work visas and temporary work visas. 

Seasonal jobs are linked to perennial patterns or events, such as planting or cultivating seasons, which involves an increase in required labour.

On the other hand, temporary work refers to a job that doesn’t extend beyond one year.

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Eligibility Criteria for H2A Visa

If you want to import workers under the H2A visa program, you must be an agricultural employer anticipating shortage of staff for seasonal or temporary jobs. You must also fulfill the following criteria.

  • Recruitment: the hiring process must be similar to that of non-H2A employers to secure workers. This means adequate advertising of open job positions.
  • Wages: your proposed salary must be similar to that of other US workers.
  • Housing: you must provide free and approved housing to all workers who can’t return to their residence after working.
  • Food: you must provide at least three meals daily for workers or provide a kitchen for food preparation.
  • Transportation: you must provide transport to and from the place of work.
  • Compensation insurance: you must provide insurance for all workers.
  • Supplies and tools: you must provide all equipment needed for work.
  • Three-fourths guarantee: you must guarantee to offer employment for at least 75% of the workdays in the job contract. 
  • 50% rule: you must employ all qualified workers who apply for the job until 50% of the contract elapses.
  • Labor dispute: you must assure the employee that the vacancy isn’t available due to a strike or lockout.
  • Certification fee: you must pay for the granting of temporary alien agricultural labour certificate.

If you want to work in the US as a temporary worker under the H2A visa program, you must meet the following criteria.

  • You must have a valid job offer from a US employer to perform seasonal or temporary agricultural work.
  • You must prove intent to return to your home country after the expiry of the work visa.

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How to Apply for H2A Visa

The H2A visa application process has three main steps. 

1. Application for temporary labour certification

Your employer must apply for temporary labour certification between 60 and 75 days before the start of your job contract.

During this application, they must present Form ETA 790, a cover letter attached to the job order application, H2A Application for Temporary Employment Certification and Appendix A, and any other requested documents. 

2. Submission of Form I-I29

This form contains information about the nonimmigrant workers. The employer must attach the temporary labour certification and proof the prospective employee meets the job requirements. 

3. H2A Visa Application

During the visa application process, you must book and attend an interview, during which you will bring the following documents:

  • A valid passport
  • Colored passport-size photograph
  • Receipt of approved Form I-I29
  • Receipt for the application fee
  • DS-160 confirmation page

The application fee for a H2A visa is $460.

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