H2A

H-2A is a United States nonimmigrant visa category that enables agricultural employers to hire temporary foreign workers to perform seasonal or temporary agricultural labor when there are not enough U.S. workers who are able, willing, or qualified to do the work.

The program is administered through the Department of Labor and the Department of Homeland Security. The DOL’s Office of Foreign Labor Certification issues temporary agricultural labor certifications after employers demonstrate there are no adequate U.S. workers. Employers then file a petition with USCIS to classify workers as H-2A, enabling them to apply for the appropriate visa at a U.S. consulate.

Eligibility requires that the job is in agriculture, the employer demonstrates a lack of available U.S. workers, and the wage and working conditions meet program standards. Employers must offer wages at or above the prevailing wage or the adverse effect wage rate for the occupation, provide suitable housing, pay for transportation to and from the worksite, and conduct recruitment in the area to confirm the lack of U.S. workers.

The H-2A period is temporary, tied to the length of the agricultural season or job. Stays can be extended in some cases, but overall there are limits on the duration of status and related extensions.

The program includes protections such as wage standards, housing and transportation provisions, and enforcement by federal agencies to prevent abuse and ensure fair labor practices. Employers who participate must comply with ongoing documentation, recruitment, and wage reporting requirements to maintain certification and avoid penalties.