H-2A Visa: Temporary Agricultural Work in the United States
The H-2A visa lets US farm employers hire foreign workers for temporary or seasonal agricultural jobs when not enough US workers are available. The employer must get a labor certification from the Department of Labor, pay a set minimum wage, and provide free housing and transportation. There is no yearly limit on H-2A visas, and workers can stay up to 3 years in total before they must leave for a period.
On this page
- Who it's for
- Workers for temporary or seasonal farm jobs
- Annual cap
- None
- Employer must provide
- Free housing, transportation, required minimum pay
- Length of stay
- Up to the season (usually under 1 year); 3 years maximum
- Eligible countries
- Mainly nationals of countries on the DHS H-2 list
- Recruitment fees
- Not allowed to be charged to workers
- Dependents
- H-4 spouse and children; they cannot work
- Green card path
- None directly
Who can get an H-2A visa?
The H-2A is for agricultural work that is temporary or seasonal, such as planting, cultivating, and harvesting crops, and some livestock work. The employer, not the worker, starts the process.
To be hired, you generally must:
- Have a job offer from a US agricultural employer (or an association or labor contractor) that has an approved temporary labor certification from the Department of Labor (DOL)
- Be a national of a country on the list DHS publishes each year of countries eligible for H-2A and H-2B, unless USCIS approves an exception in the US interest
- Intend to return home at the end of the job
Workers do not need a degree. The job itself sets the requirements, such as experience with certain crops or machinery. Browse open certified jobs on DOL's SeasonalJobs.dol.gov.
For non-farm seasonal work such as landscaping, hotels, or seafood processing, see the H-2B visa.
Your rights: pay, housing, and transportation
H-2A employers must meet worker protection rules enforced by DOL's Wage and Hour Division. Key protections:
| Protection | What the employer must do |
|---|---|
| Wages | Pay at least the highest of the Adverse Effect Wage Rate (AEWR), the prevailing wage, any agreed collective bargaining rate, or the federal or state minimum wage |
| Housing | Provide free, inspected housing to workers who cannot reasonably return home each day |
| Meals | Provide meals or free kitchen facilities |
| Daily transportation | Provide free transportation between housing and the worksite |
| Travel to the job | Reimburse inbound travel and daily meal costs once you complete half of the contract, and pay your return trip if you finish it |
| Three-fourths guarantee | Offer you work for at least 75% of the hours promised in the contract period |
| Tools | Provide required tools and equipment for free |
| Workers' compensation | Provide coverage for job injuries |
DOL publishes AEWR rates by state and occupation; check the current rates on the DOL foreign labor certification site. You must receive a copy of your work contract in a language you understand.
No recruitment fees. Employers and their recruiters may not charge you fees to get the job. If someone asks you to pay for a job offer, that is a warning sign; read our guide on scam protection.
How long can you stay?
- You are admitted for the period on the labor certification, which is usually less than a year.
- The employer (or a new H-2A employer) can extend your stay in steps of up to 1 year.
- The maximum total stay is 3 years. After that, you must leave the United States for an uninterrupted period before you can return in H-2 status. USCIS explains the current rules on its H-2A page.
Your I-94 record may allow a short period before the job starts and after it ends so you can travel and prepare to leave. Check the date online, and do not work outside the dates of the approved petition.
You may only work for the employer and in the job listed in the approved petition. A new H-2A employer can hire you if it has its own approved labor certification and files a new petition.
Can your family come?
Your spouse and unmarried children under 21 can apply for H-4 visas. They cannot work in the United States. Employer housing is usually provided for workers only, so plan family housing separately. Your family's stay ends when yours does. See the H-4 visa page for details.
How much does it cost, and who pays?
Most costs fall on the employer.
| Cost | Who pays | Where to check |
|---|---|---|
| DOL labor certification fees | Employer | DOL foreign labor certification |
| USCIS Form I-129 fee | Employer | USCIS fee schedule |
| Visa application (MRV) fee | Worker pays first; employer must reimburse under DOL rules | State Department fees |
| Visa Integrity Fee | Collected at issuance | $250 under a 2025 law; ask your employer about reimbursement |
| Recruitment fees | Nobody may charge the worker | Report violations to DOL |
Employers can read more in our H-2A employer guide and our page on hiring farm workers from abroad.
How long does the process take?
Employers usually start 60 to 75 days before the work start date. The job order goes to the State Workforce Agency and DOL, DOL decides on the certification, and USCIS then decides the Form I-129 petition. Check current times on the USCIS processing times tool. Workers then need a visa appointment; see the State Department's wait times.
Travel ban: since January 1, 2026, Proclamation 10998 blocks all visas, including H-2A, for nationals of 19 fully restricted countries. It does not list H-2A among the categories restricted for the 20 partially restricted countries.
Green card options and common refusals
The H-2A does not lead to a green card and requires intent to return home. Because farm jobs under H-2A are temporary, they do not usually support a green card case. A permanent, year-round job offer can sometimes support an EB-3 petition through PERM, but that is a separate process.
Visa refusals often involve:
- Past overstays or unauthorized work in the United States
- Doubts that you will return home after the season
- Nationality not on the H-2 eligible countries list, without an approved exception
- Inconsistent answers about your job, employer, or recruiter
If you have been in the United States without status before, speak with a licensed immigration lawyer before applying.
How to apply
Employer files the job order and labor certification
The employer submits a job order to the State Workforce Agency and an H-2A application to DOL, and recruits US workers first.
DOL certifies the job
If not enough qualified US workers apply and the employer meets all conditions, DOL issues a temporary labor certification.
Employer files Form I-129
The employer files the H-2A petition with USCIS, with the certification attached. Workers can be named or unnamed.
Worker completes the DS-160 and interview
Once USCIS approves the petition, you fill out the online visa application and attend an interview at a US consulate, usually in your home country.
Travel and start work
Enter the United States with your visa, check your I-94 record online, and start work on the contract date.
Frequently asked questions
How much do H-2A workers earn?
At least the highest of the Adverse Effect Wage Rate for the state and job, the prevailing wage, any collective bargaining rate, or the federal or state minimum wage. DOL publishes current rates.
Is there a limit on H-2A visas?
No. Unlike the H-2B, the H-2A has no annual cap.
Do H-2A workers pay for housing?
No. Employers must provide free housing to workers who cannot reasonably return home each day.
Can I bring my family on an H-2A visa?
Your spouse and children under 21 can apply for H-4 visas, but they cannot work, and employer housing is usually for workers only.
Can I switch to another farm on an H-2A?
Only if the new employer has its own approved labor certification and files a petition for you.
Can an H-2A worker get a green card?
Not through the H-2A itself. A separate permanent job offer and employer-sponsored green card process would be needed.
Official sources
- USCIS: H-2A Temporary Agricultural Workersuscis.gov
- DOL Wage and Hour Division: H-2Adol.gov
- DOL: Foreign Labor Certificationdol.gov
- DOL: SeasonalJobs.dol.govseasonaljobs.dol.gov
- State Department: Temporary Worker Visastravel.state.gov
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.