H-2A Visa

General Information

The Immigration and Nationality Act (INA) covers agricultural employers seeking to hire temporary agricultural workers under H-2A visas.

Requirements

Employers must apply to the Employment and Training Administration (ETA) for certification evidencing that: (1) there are not sufficient workers who are able, willing, qualified, and available to perform the work; and (2) the employment of foreign workers will not adversely affect the wages and working conditions of similarly employed workers in the United States.

To receive a timely determination, an employer must apply for a temporary labor certification at least 45 days before the date of need. The employer should file the application with both the appropriate ETA office and the office of the State Workforce Agency (SWA) serving the geographic areas where the foreign workers will be -employed. Upon certification, the petitioner must obtain an approved H2A petition from USCIS