The US H2A program allows U.S. Employers in agriculture, American Farmers, owners of farms, farming companies, or corporations to hire foreign workers in agriculture-related Jobs. This guide will explain the application process for the US H2A Temporary Agricultural Work Visa. Are you a farmer who needs seasonal or temporary workers for planting, cultivating, and harvesting crops? Are you a worker/employee who is looking for an Agriculture Visa? Then US H2A Visa is the best option. This is an employer-sponsored Visa, you cannot apply directly for it. Your employer will file a petition on your behalf.

Why is the H2A Visa the best? Because there is no cap for the H-2A visas. This means that anyone who applies for the visa and gets approved can come to the US to work. According to the U.S. Department of Agriculture, in 2021, 258,000 H-2A visas were issued, whereas, in 2022, this number increased to 298,000. The number of approved H2A visas has been rising. There is no high qualification required for this Visa. More details about the H2A Visa application process, the benefits, and the requirements are given below.

Requirements for the Workers to Qualify for the H2A Visa

Job Offer from a U.S. Employer

You must have received a job offer from a U.S. employer.

Temporary or Seasonal Agricultural Work

The job must be temporary or seasonal agricultural work.

National of an Eligible Country

You must be a national of an eligible country.

Requirements for the Employers to Hire a Foreign Worker

Offer a Job in Temporary or Seasonal Agricultural Work

As an employer, you must offer a job in temporary or seasonal agricultural work.

Prove Unavailability of US Workers

Prove that US workers are not willing, qualified, able, or available to work in those positions, that’s why you are hiring a foreign worker.

Documentation

You must have all the documents to file a petition.

Type of Work

Work can happen on farms, plantations, ranches, nurseries, ranges, greenhouses, orchards, or other similar locations but not limited to, planting, cultivating, or harvesting labor.

What is the Petition?

The petition is the process when the employer/company asks USCIS to approve the foreign worker for the H-2A visa.

The petition refers to the official request submitted by the U.S. employer to USCIS (U.S. Citizenship and Immigration Services) on behalf of the foreign worker.

Form I-129

As an employer, you must file Form I-129, Petition for a Nonimmigrant Worker. Once the petition is approved, the applicant (employee/worker) can apply for the Visa at the U.S. Embassy.

No Cap Visa – You are Free to Go

Unlike US H1B visas, there is no annual numerical cap on H-2A visas. This means there’s no pre-defined limit on the total number of H-2A visas issued each year.

Cost Covered by the U.S. Employer

Employers are responsible for the cost when hiring and employing foreign workers under the H-2A Visa Program.

Labor Certification Fee

Employers must cover the labor certification fee.

Non-Immigrant Worker Petition

Employers must cover the cost of filing the petition.

H-2A Visa Application

Employers must cover the visa application fee.

Transportation

Employers must cover transportation costs from the home country to the worksite and any miscellaneous costs.

Transportation Reimbursement

Upon completion of 50% of the contract, a US employer is required to reimburse an employee for transportation expenses if they were incurred.

Housing and Transportation

If the employer provides housing, they are also responsible for providing transportation from the housing to the place of work.

How to Apply for the US H2A Temporary Agricultural Work Visa?

Find a Job

As an employee, you must first find a job.

1. US Department of Labor (DOL):

   • The DOL plays a crucial role in the H2A process. Visit their website:

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