H-2A Visa for Temporary Agricultural Work in the United States
The H-2A visa allows U.S. employers to hire foreign workers for temporary or seasonal agricultural work when there are not enough local workers available.
It is a non-immigrant, strictly regulated by the Department of Labor (DOL) and USCIS, and requires precise legal planning to avoid delays, audits, or penalties.
What is the H-2A Visa
The H-2A visa authorizes foreign workers to legally enter the United States to perform temporary agricultural work, under the sponsorship of an approved U.S. employer.
It is designed exclusively for agricultural activities such as harvesting, planting, packing, cultivation, livestock, and related tasks.
How the H-2A Visa Program Works
The H-2A program protects both U.S. workers and foreign workers, requiring the employer to demonstrate a legitimate temporary need.
At LOIGICA we analyze the process from two perspectives:
- Agricultural employers who need temporary labor.
- Foreign workers applying under H-2A sponsorship.
For Agricultural Employers
The employer must demonstrate that:
- The work is temporary or seasonal.
- There are not enough U.S. workers available.
- Foreign hiring will not affect local wages or working conditions.
The process begins before the Department of Labor (DOL) and continues with USCIS and the consulate.
- Coverage of temporary agricultural needs.
- Reduction of losses due to lack of personnel.
- Hiring in compliance with federal law.
- Planning of harvest cycles.
- Company dedicated to agriculture or livestock.
- Temporary need. Seasonal, peak workload, or for a specific event.
- Local recruitment. Previous attempt to hire local workers.
- Salary and housing compliance.
- Ability to pay salaries and associated costs.
For Agricultural Workers
Workers can only apply for the H-2A visa if they have an approved U.S. employer to sponsor them.
The visa allows legal work in the U.S. for the period authorized in the labor certification.
- Authorized employment in the U.S.
- Formal contract. Clear and regulated conditions.
- Guaranteed minimum agricultural wages.
- Legal return. Entry and exit in accordance with the contract.
- Job offer. Approved agricultural employer.
- Exclusively agricultural work.
- Temporary work. Commitment to return at the end of the contract.
- Consular process. Interview and visa approval.
We provide comprehensive advice to both employers and workers to comply with each stage of the H-2A program.
- Analysis of employer and position eligibility.
- Design of calendar and legal structure.
- Filing and follow-up before DOL for labor certification.
- Preparation of form I-129 and subsequent filing with USCIS.
- Consular process. Coordination for interviews and entries.
- Ongoing support and prevention of penalties.
Hire agricultural workers legally and in a planned manner with the H-2A visa.
Frequently Asked Questions about the H-2A Visa
No. It is a temporary nonimmigrant visa.
Up to 1 year, with possible limited extensions depending on the case.
Yes, in most cases it is mandatory.
No, the visa is tied to the sponsoring employer.
Yes, under H-4 status, without work authorization.