The H-2A classification allows you or your agent to bring employees to the United States to fill temporary agricultural jobs. There are unlimited visas for this classification.You must offer a job that is of a temporary or seasonal nature, demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work, sand how that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Generally, you will submit a single valid temporary labor certification from the U.S. Department ofLabor with the H-2A petition, but there is a limited exception to this requirement exists in certain “emergent circumstances.”
H-2A classification is valid for the period of time authorized on the temporary labor certification. H-2A classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2A classification is 3 years.
A person who has held H-2A classification for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A. Additionally, previous time spent in other H or L classifications counts toward total H-2A time.
An H-2A worker’s spouse and unmarried children under 21years of age may seek admission in H-4 classification, but are not eligible for employment.