H-2A Temporary Agricultural Worker
Lets US agricultural employers bring in foreign workers to fill temporary or seasonal farm labor jobs when there are not enough able, willing, and qualified US workers available. It is the primary legal channel for seasonal farm labor in the United States and has no annual numerical cap.
- Срок
- Generally up to the period authorized on the Temporary Labor Certification, extendable in increments of up to 1 year each (each extension needs a new valid TLC), to a maximum total period of stay of 3 years.
- Продление
- Filed via Form I-129 (or I-129H2A electronically), each accompanied by a new, valid TLC covering the requested period. After reaching the 3-year maximum, the worker must depart and remain outside the US for an uninterrupted 60 days before becoming eligible for a new 3-year period ("resetting" the clock); a qualifying 60-day absence at any point also resets the clock early.
- Работа
- Tied to the specific petitioning employer (or named joint-employer association) and the job/worksite described in the underlying Temporary Labor Certification; not portable to a different employer without a new petition and TLC.
- Двойное намерение
- Нет
- Члены семьи
- Spouse and unmarried children under 21 may accompany in H-4 status; H-4 family members of H-2A workers are not eligible for employment authorization.
- Путь к грин-карте
- No inherent path; H-2A is a temporary, non-dual-intent classification. Some workers pursue permanent labor certification (PERM) separately, but the visa itself provides no green card track.
- Срок рассмотрения
- USCIS provides expedited (fast-track) processing for H-2A petitions; petitioners may call the USCIS Contact Center if a decision has not issued within 15 days of filing.
Кто подходит
- Worker must be offered a job that is genuinely temporary or seasonal in nature
- As of Jan. 17, 2025, USCIS regulations no longer require the beneficiary to be a national of a country specifically designated as eligible for the H-2A program (though a designated-country list is still referenced elsewhere, such as for consular processing)
- Worker must meet the minimum education, training, experience, or special requirements stated on the certified temporary labor certification
- For jobs requiring operation of a commercial motor vehicle, evidence of English language proficiency is required
Требования
- Petitioner must demonstrate no qualified, willing, able US workers are available for the temporary job
- Petitioner must show that employing H-2A workers will not adversely affect wages and working conditions of similarly employed US workers
- A single valid Temporary Labor Certification (TLC) from the Department of Labor is generally required (electronic I-129H2A filers for unnamed beneficiaries may file after DOL's Notice of Acceptance, before full TLC approval, in limited cases)
- No job placement fees or other prohibited fees may be collected from the worker at any time - violations trigger mandatory or discretionary denial/revocation and can bar the employer from future H-2A/H-2B filings for 1-4 years
- Employer must notify USCIS within 2 workdays of specified events (worker never reported, stopped reporting, was terminated, or completed work early)
Как подать
- 1
Employer (or authorized agent/association) applies for and receives an approved Temporary Labor Certification from the Department of Labor
- 2
Employer files Form I-129 (paper) or Form I-129H2A (electronic) with USCIS, generally with a single valid TLC covering up to 25 named workers per petition
- 3
Once approved, prospective workers outside the US apply for an H-2A visa at a US embassy/consulate (if required) and then seek admission at a US port of entry, or seek direct admission where no visa is required
Сборы и формы
| I-129 base filing fee, named beneficiaries | $1,090 (or $545 for small employers with 25 or fewer FTE, or nonprofits) |
| I-129 base filing fee, unnamed beneficiaries | $530 (or $460 for small employers/nonprofits) |
| Asylum Program Fee | $600 / $300 (small entity) / $0 (nonprofit) |
| Failure-to-notify liquidated damages | $10 per instance of non-compliance with the 2-workday employment-related notification requirement |
Form ETA-9142A (Application for Temporary Employment Certification, filed with DOL)Form I-129, Petition for a Nonimmigrant Worker (paper filing) or Form I-129H2A (electronic filing), with H Classification Supplement
Что изменилось в 2025 и 2026 годах
- 2025-01-17: New H-2 regulations took effect giving USCIS authority to deny H-2A petitions where the petitioner or a predecessor committed serious labor-law violations, applying across both H-2A and H-2B, and eliminated the requirement to consider whether the beneficiary is from a specifically designated eligible country
- 2025-04-28 / effective 2026-06-15: Executive Order 14286 and related DOL/DHS guidance require English-language-proficiency evidence for H-2A workers who will operate commercial motor vehicles; USCIS will generally accept visas issued after June 15, 2026 as proof of that proficiency
- 2025-09-18 (effective 2025-10-01): State Department's narrowed interview-waiver policy carved out a specific exception for H-2A visa renewals within 12 months of prior expiration (full validity, 18+ at issuance) - making H-2A the only H-category visa with a renewal interview-waiver path
- 2026-01-01: Expanded travel-ban proclamation (effective Jan. 1, 2026) bars entry, including H-2A, for nationals of fully-suspended-list countries who are outside the US without a valid visa
Где чаще всего ошибаются
- Collecting any recruitment, placement, or contract-breach fee from the worker (directly or indirectly, including via wage deductions) is a prohibited fee that can trigger mandatory denial/revocation and a multi-year bar from future H-2A/H-2B filings
- Missing the 2-workday USCIS notification window when a worker never reports, stops reporting, is terminated, or finishes early can result in liquidated damages and compliance scrutiny
- Filing without matching the employment start date on the petition to the TLC's start date results in rejection
- Assuming the eligible-country list still gates USCIS eligibility - as of Jan. 17, 2025 it does not for USCIS purposes, though other agencies may still reference it
Также в категории Temporary worker
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