H-2A H-2A Temporary Agricultural Workers

At a Glance

Item	Details
Visa name	H-2A Temporary Agricultural Workers
Purpose	Temporary or seasonal agricultural work
Stay	Up to three years total
Cost	Not stated in the source
Eligibility timing	Requirements met when TLC filed
Work rights	Approved temporary agricultural employment
Study	Not stated in the source
Medicare	Not stated in the source
Travel facility	Visa and port-of-entry admission
Citizenship	Not stated in the source
Family sponsorship	Spouse and children may seek H-4
Visa record	Not stated in the source
Petitioner	U.S. employer, agent, or association
Labor certification	DOL temporary labor certification required
Processing	Expedited Form I-129 processing
H-4 work rights	No employment permitted

---

Purpose

The H-2A program lets qualifying U.S. employers, U.S. agents, and certain agricultural producer associations bring foreign nationals to perform temporary or seasonal agricultural work in the United States.

The employer, agent, or qualifying association must file the petition for the worker. Workers do not self-petition.

Eligibility

The petitioner must show that:

• The job is temporary or seasonal.
• There are insufficient able, willing, qualified, and available U.S. workers.
• Hiring H-2A workers will not adversely affect similarly employed U.S. workers’ wages and working conditions.
• A valid temporary labor certification (TLC) from the Department of Labor (DOL) supports the petition, subject to limited exceptions.

For named workers, the petitioner must show that each worker met all TLC-listed minimum job requirements—including education, training, experience, and special requirements—when the TLC was filed.

As of Jan. 17, 2025, USCIS no longer requires consideration of whether a worker is a national of a designated eligible country.

Commercial Vehicle Jobs

If a named worker will operate a commercial vehicle and the TLC requires English-language proficiency, the petitioner must submit evidence of the worker’s proficiency.

Evidence may include:

• Standardized English-language examination results; or
• A signed petitioner statement confirming the worker’s proficiency.

USCIS generally accepts visas issued after June 15, 2026, for commercial-vehicle positions as proof of English-language proficiency.

USCIS may verify claimed proficiency. Misrepresentation or false statements may result in petition revocation and other immigration-law compliance actions.

Stay and Extensions

USCIS may grant H-2A classification for the period authorized by the TLC.

• Extensions may be granted in increments of up to one year.
• Each extension request requires a new valid TLC.
• Maximum H-2A stay is three years.
• Time previously spent in H or L classification counts toward the limit.

After reaching three years, the worker must generally depart and remain outside the United States for at least 60 uninterrupted days before seeking H-2A readmission.

A qualifying uninterrupted 60-day absence resets eligibility for a new three-year maximum period. Brief U.S. trips for business or pleasure do not interrupt the absence, but do not count toward the 60 days.

Petitioners must document qualifying absences, such as with arrival and departure records, tax returns, or foreign employment records.

Application Process

Paper Filing: Form I-129

1. Apply to DOL for an H-2A temporary labor certification.
2. Receive an approved TLC.
3. File Form I-129 with USCIS, generally including the valid TLC.
4. After approval, workers outside the United States apply for an H-2A visa at a U.S. embassy or consulate, if required.
5. Workers then seek admission from U.S. Customs and Border Protection at a port of entry.

Paper filers cannot use Form I-129H2A.

Electronic Filing: Form I-129H2A

1. Apply to DOL for a TLC.
2. File Form I-129H2A with USCIS.
   • For unnamed workers, filing may occur after DOL issues a Notice of Acceptance or after TLC approval.
   • USCIS cannot approve the petition until DOL approves the TLC.
   • For named workers, file after TLC approval and generally submit the valid TLC.
3. After USCIS approval, workers outside the United States apply for a visa, if required, and seek admission at a port of entry.

Multiple Petitions

Generally, one petition may request all H-2A workers covered by one TLC. A petition may include up to 25 named workers.

If filing multiple petitions based on one TLC:

• Total workers cannot exceed the DOL-approved number.
• Include the same TLC with each petition.
• Attach a note identifying other petitions based on that TLC.

Family Members

An H-2A worker’s spouse and unmarried children under 21 may seek H-4 classification.

H-4 family members are not eligible to work in the United States.

Processing and Case Inquiries

USCIS provides expedited processing for H-2A Form I-129 petitions.

If a petition has been pending more than 15 days without a decision or request for evidence, the petitioner may call the USCIS Contact Center at 800-375-5283.

Case status is available through Case Status Online.

Only authorized individuals, such as petitioners and attorneys of record, may receive case-specific information. USCIS generally cannot provide case-specific information to the worker beneficiary.

For H-2A petition concerns, email USCIS-H2A@uscis.dhs.gov.

Prohibited Worker Fees

No job-placement fee, contract-breach penalty, or other fee, penalty, or compensation related to H-2A employment may be collected from a worker or someone acting for the worker.

This prohibition includes direct or indirect charges, wage deductions or withholdings, and costs that the petitioner is legally responsible to pay.

USCIS may deny or revoke a petition if prohibited fees are collected or agreed to be collected by the petitioner, employer, joint employer, recruiter, agent, attorney, facilitator, or similar service.

For petitions filed on or after Jan. 17, 2025, prohibited-fee findings may lead to:

• Denial of later H-2A or H-2B petitions for one year; and
• An additional three-year denial period unless affected workers or designees are fully reimbursed.

Prior Violations

For petitions filed on or after Jan. 17, 2025, USCIS may deny H-2A petitions where the petitioner or predecessor committed certain serious labor-law violations or violated H-2A or H-2B requirements.

The denial authority may apply across both H-2A and H-2B classifications. Whether denial is mandatory or discretionary depends on the prior violation.

False statements about a named worker’s required English-language proficiency may also affect later H-2A or H-2B petitions.

Employer Notification Obligations

Petitioners must notify USCIS within two workdays if an H-2A worker:

• Does not report within five workdays of the applicable start date;
• Leaves without notice and misses five consecutive workdays;
• Is terminated before completing the approved work; or
• Completes work more than 30 days before the petition end date.

The notification must identify the reason, petition receipt number, petitioner and employer details, and worker information. Include the worker’s Social Security number and visa number if available.

Failure to provide timely notification without good cause may result in $10 liquidated damages for each failure.

This notification requirement is the petitioner’s obligation and does not, by itself, establish worker wrongdoing or current immigration status.

Submit notifications preferably by email to CSC-X.H-2AAbs@uscis.dhs.gov, or by mail to:

USCIS California Service Center
P.O. Box 30113 / ALL OTHER (Attn: BCU Section)
Tustin, CA 92781