The Peng Law
H-2A Temporary Agricultural Worker
The H-2A visa allows U.S. agricultural employers to bring foreign nationals to the United States to fill temporary or seasonal agricultural jobs when there are not enough domestic workers available.
The H-2A visa allows U.S. agricultural employers to bring foreign nationals to the United States to fill temporary or seasonal agricultural jobs when there are not enough domestic workers available. The H-2A program has no annual numerical cap, but employers must first obtain a Temporary Labor Certification (TLC) from the U.S. Department of Labor (DOL), demonstrating that there are insufficient able, willing, and qualified U.S. workers available for the temporary agricultural work, and that employing foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. The maximum period of stay in H-2A status is 3 years.
A U.S. agricultural employer must sponsor the petition, and the work must be temporary or seasonal in nature
The employer must demonstrate that there are insufficient able, willing, and qualified U.S. workers available for the agricultural work
The employer must obtain a Temporary Labor Certification (TLC) from the DOL
Employing H-2A workers must not adversely affect the wages and working conditions of similarly employed U.S. workers
Beneficiaries must generally be nationals of countries designated as eligible by DHS (with limited exceptions)
The employer must provide free housing and work-related transportation to H-2A workers
File Temporary Labor Certification
The employer submits Form ETA 9142A and a Job Order to the DOL no more than 75 days before the start date of work, and registers the position with the State Workforce Agency (SWA).
Domestic Recruitment
The employer must conduct positive recruitment of U.S. workers as required by DOL, including advertising and contacting former workers, until 50% of the contract period has elapsed after H-2A workers arrive.
DOL Approves TLC
The DOL reviews recruitment results and, upon confirming insufficient U.S. workers are available, issues the Temporary Labor Certification.
File Form I-129
The employer files Form I-129 with USCIS along with the approved TLC to request authorization for the H-2A workers.
USCIS Adjudication
USCIS reviews the petition and renders a decision. Regular processing typically takes 2-4 weeks (agricultural cases generally receive priority handling).
Visa Stamping / Entry
Once approved, workers attend consular interviews at U.S. embassies abroad to obtain H-2A visas and enter the United States to begin work.
| Stage | Duration |
|---|---|
| TLC Filing | 75 days before work start date |
| DOL Processing | Approximately 30 days |
| I-129 Adjudication | 2-4 weeks |
| Visa Interview | 1-2 weeks |
| Initial Period of Stay | As authorized on TLC (up to 1 year) |
| Maximum Stay | 3 years (must depart for at least 60 days after) |
No. The H-2A visa program has no annual numerical cap, which is a key distinction from the H-2B program. As long as the employer meets all requirements and obtains a Temporary Labor Certification from the DOL, there is no risk of the cap being reached.
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Reviewed March 2026. This page is general information, not legal advice; rely on written attorney guidance for your own matter.