H-2A VISA SUPPORT
H-2A Frequently Asked Questions
A direct, simplified guide for U.S. agricultural employers navigating the H-2A petition process.
General H-2A Overview
Direct and essential answers for agricultural employers looking to build a compliant and efficient H-2A workforce.
What is the H-2A Program?
The H-2A program allows U.S. agricultural employers to bring foreign nationals to the United States to fill temporary or seasonal agricultural jobs for which U.S. workers are not available.
Who Can Apply for H-2A?
Employers must demonstrate that there are not sufficient able, willing, and qualified U.S. workers to perform the labor, and that the employment will not adversely affect the wages of U.S. workers.
How Long Does It Take?
The process typically takes 60-90 days from the initial filing. Strategic planning and early assessment are critical to ensuring workers arrive exactly when your harvest season begins.
H-2A Eligibility & Criteria
Who qualifies as an H-2A employer?
Any U.S. employer with a specific temporary or seasonal agricultural labor need that cannot be met by domestic workers may qualify. This includes farm owners, labor contractors, and associations.
What defines 'Seasonal' or 'Temporary' work?
The work must be tied to a certain time of year by a recurring event or pattern, such as a short annual growing cycle. Generally, the duration is limited to 10 months or less.
Are there specific housing requirements?
Yes. Employers must provide free housing to workers who are not reasonably able to return to their place of residence the same day. This housing must meet stringent DOL safety standards.
What is the AEWR and how does it affect me?
The Adverse Effect Wage Rate (AEWR) is the minimum hourly wage determined by the DOL to ensure the wages of U.S. workers are not adversely affected. It varies by state and is updated annually.
The H-2A Application Roadmap
Securing agricultural labor requires a multi-agency filing strategy. We manage every step to ensure your farm remains compliant and fully staffed.
01
Labor Certification
We prepare and file the Job Order with the SWA followed by the ETA Form 9142A with the DOL to establish agricultural necessity.
02
USCIS Petition
Upon DOL approval, we file Form I-129 with USCIS. We track processing daily to anticipate any requests for evidence.
03
Consular Phase
We coordinate with the U.S. Consulate abroad to schedule worker interviews and ensure all individual DS-160 filings are accurate.
04
Worker Arrival
Workers are admitted at the port of entry. We finalize compliance logs and housing inspections to wrap up the successful cycle.
Need H-2A Specific Guidance?
Agricultural labor regulations are complex and time-sensitive. Our specialists are ready to help you navigate H-2A certifications with attorney-backed precision to secure your seasonal workforce.