The H-2A visa program offers important benefits for foreign agricultural workers, allowing them to be hired temporarily in the United States.
If you need help obtaining this visa, our New Jersey immigration lawyers are ready to advise you and simplify the process.
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What benefits does the H-2A visa program have in 2025?
The H-2A visa offers benefits to both agricultural employers and foreign workers. Its advantages include:
- Allows employers to fill temporary or seasonal agricultural jobs when local workers are unavailable.
- Workers are protected by a rule that ensures they will receive at least three-quarters of the working hours established in their contract.
- H-2A employers and workers are not required to pay Social Security or Medicare taxes.
- It ensures that employers provide free housing, transportation, and safe working conditions.
- Employers must cover or reimburse certain costs, such as transportation from the home country and visa application.
What should I know before applying for H-2A visa benefits?
Before applying for an H-2A visa, you must have the following documents in your possession:
- Temporary Labor Certification: If you are a foreign worker, your employer must obtain this certification from the US Department of Labor (DoL) before initiating your visa petition.
- I-129 petition: Once certified, you must file Form I-129 to apply for the H-2A visa.
- Employment verification: You must submit your foreign passport and a valid Form I-94, which qualifies as a List A document on Form I-9.
Who is eligible for H-2A visa benefits?
To obtain an H-2A visa, the petitioner must meet the following requirements:
- Offer employment that is temporary or seasonal in nature.
- Demonstrate that there are not enough American workers available, qualified, willing, and able to do the job.
- Ensure that the hiring of H-2A workers will not negatively impact the wages or working conditions of US workers.
In addition to exploring the benefits of the H-2A visa, are you looking for ways to find a job in the United States while illegal? If so, we have a blog that answers all your questions.
How long can I stay in the United States on an H-2A visa?
With an H-2A visa, you can remain in the United States for up to three years. Upon completing this period, you must leave the US and remain abroad for at least three consecutive months before you can reapply for this visa.
If you’d like to learn more about the requirements to legally enter the United States, check our blog, which explains everything related to this topic.
What happens if I stay in the United States on an H-2A visa?
If you remain in the United States after your valid admission date, you will be considered out of status. This could negatively affect future applications for any type of US visa.
However, if you stay legally long enough, you may be able to obtain a Green Card through other immigration reliefs. For further information on this, we recommend consulting with our attorney.
What can I do with an H-2A visa?
The H-2A visa allows temporary agricultural work in the United States. For example to:
- Plant,
- Cultivate, and
- Harvest crops.
These activities can be carried out in places such as farms, ranches, greenhouses or plantations.
It’s worth noting that these jobs are usually temporary (less than a year) or seasonal, meaning they’re tied to specific crop cycles.
How can I apply for the H-2A visa program?
To apply for an H-2A visa, we recommend following these steps:
- Obtaining Temporary Labor Certification: Before initiating the process with USCIS, the applicant must obtain temporary labor certification from the DoL.
- File Form I-129 with USCIS: With the labor certification approved, file Form I-129 with USCIS.
- Apply for a visa or admission: After Form I-129 is approved, foreign workers must apply for an H-2A visa at a US embassy or consulate in their home country.
Just like temporary labor certification, there’s also a permanent certification. If you’d like to learn more about this, check our blog on PERM labor certification steps.
What are the steps to follow in the H-2A temporary labor certification process?
The process for obtaining a temporary labor certification under the H-2A program consists of four main steps:
1# Submit a work order to the State Workforce Agency (SWA)
An agricultural work order (Form ETA-790/790A) must be prepared and submitted to the SWA in the state where the work will be performed.
The agency will review the application, request corrections if necessary, and begin recruiting US workers.
It is recommended that this be done between 75 and 60 days before the start date of the work.
2# Submit an H-2A visa application to the National Processing Center (NPC)
Once the application is submitted, NPC will review the documents, notify you of any deficiencies, and provide further instructions to complete the process.
3# Recruit American workers
The employer must conduct recruitment efforts following established guidelines, including:
- Where and when to advertise vacancies, and
- How to prepare the recruitment report.
4# Finalize the temporary labor certification
To complete the process, you must submit the required additional documents. If the certification is approved, you can proceed with your application to USCIS.
Which countries are eligible for the H-2A visa?
As of January 17, 2025, Department of Homeland Security (DHS) regulations no longer require USCIS to consider whether the beneficiary is a citizen of a country designated as eligible for the H-2A program.
How long can I stay in the United States on an H-2A visa program?
With an H-2A visa, you can remain in the United States for the maximum period authorized in the temporary labor certification.
This period may be extended in one-year increments, provided a new certification is submitted for the requested period. The total time allowed will be up to three years.
Once you reach this limit, you must leave the US and remain abroad for at least three months before reapplying for an H-2A visa. Additionally, any time previously accrued under an H-2A or L visa counts toward this three-year limit.
On our blog you can learn more about what H-1B visas are or how to obtain an H-2B visa .
Can foreign workers with H-2A visas bring their family members to the US?
With an H-2A visa, foreign workers can bring their relatives to the United States.
To this end, their spouse and unmarried children under 21 years of age may apply for an H-4 visa to accompany them. However, family members with this visa may not work.
Notification Obligations for H-2A Petitioners
Petitioners must inform USCIS within two business days if any of the following scenarios take place with an H-2A worker:
- Failure to report to work within 5 business days of the start date.
- Stop attending without notice for 5 consecutive business days.
- Being fired before completing the contract.
- Completes work more than 30 days ahead of schedule.
To understand the specific details and ensure compliance with these requirements, we recommend consulting with our attorney Carolina Curbelo.
How long does it take to get an H-2A visa?
The time required to hire a foreign worker under the H-2A visa varies depending on the process:
- Standard: Typically, it takes 60-75 days from the initial application to the arrival of workers at the job site.
- Emergency: In urgent situations (45 days or less), special measures may be taken to expedite the process. However, valid justification is required.
What types of Civil penalties apply under the H-2A program?
In the H-2A program, civil penalties vary depending on the severity of the violation. For example, since the beginning of 2025, penalties have been adjusted for inflation. Therefore:
- Violations of employment contracts or their requirements can result in fines of more than $2,166.
- If the violation is intentional or involves discrimination, the fine can be as high as $7,289.
- Serious violations, such as safety violations that cause injury or death, can result in penalties exceeding $72,164.
- Additionally, violations for failing to cooperate with investigations or improperly displacing US workers can result in penalties exceeding $21,649.
How much does it cost to apply for an H-2A visa?
The cost of applying for an H-2A visa varies depending on several factors and may include the following expenses:
- Labor Certification: $100 per application, plus $10 for each certified worker (up to a maximum of $1,000).
- Petition for a Nonimmigrant Worker: USCIS Form I-129 fees apply .
- H-2A visa application: $190 per worker, to be repaid in their first paycheck.
- Border stamp: $6 per worker.
- Agent Fees: Approximately $100 per worker.
- International transportation: Between $400 and $650 per worker, depending on the country of origin.
- Housing and equipment: Between $9,000 and $13,000 per worker.
- Membership fees: If applicable, around $200.
Other costs related to the H-2A visa Program
Costs that can be deducted
The employer may deduct certain costs, such as transportation and per diem, from the employee’s salary. However, they must reimburse them once the employee has completed at least 50% of the contract.
While transportation expenses are subject to reimbursement, per diem may be as high as $15.88 per day if cooking facilities are not available and three meals a day are provided.
Additionally, all deductions must comply with the requirements of the Fair Labor Standards Act.
Costs that cannot be deducted
Costs related to H-2A labor certification are not deductible. This includes:
- Attorney or agent fees,
- Application fees, and
- Recruitment costs.
How much has the demand for H-2A visa workers grown in recent years?
Between 2017 and 2022, the number of certified H-2A visa workers grew by 64.7%, from 224,965 to 370,628.
This increase therefore reflects the agricultural sector’s growing need for temporary foreign labor to fill job vacancies.
Similarly, it is important to note that DoL certification does not automatically guarantee the issuance of an H-2A visa.
Following certification, both the employer and the employee must complete the USCIS approval process before the employee can begin working in the US. In recent years, about 80% of jobs have resulted in the issuance of visas.
Is there a labor shortage in the US agricultural Industry?
The US agricultural sector faces a growing labor shortage due to:
- The decline in interest among US-born workers in manual agricultural jobs, and
- The aging workforce.
Between 2006 and 2022, the average age of agricultural workers increased from 39.6 to 40.6 years, while that of agricultural workers specifically increased from 37.2 to 41.6 years, reflecting a reduction in the presence of young workers in the sector.
The evolution of agricultural practices has increased the demand for more labor-intensive crops, such as fruits and vegetables. This has led to a greater reliance on H-2A workers to meet market needs.
How do high temperatures affect H-2A visa workers?
H-2A visa workers face a variety of demanding working conditions, especially extreme heat.
Moreover, according to a DoL report, 13.7% of H-2A visa workers work in areas where average temperatures exceed 32°C (90°F) during the hottest months.
In southern states like Arizona, New Mexico, and Texas, more than 1 in 4 workers is exposed to these high temperatures.
This phenomenon is more common in warm counties, where the highest concentration of H-2A workers is in agricultural sectors, exposing them to dangerous conditions.
How can we help you obtain H-2A visa Program benefits?
Now that you know what an H-2A visa is in the US and how to access its benefits, at Curbelo Law we’ll guide you through every step to ensure your application is a success.
From labor certification to visa application, our team handles the entire process efficiently.
Contact us today by email, phone, or by scheduling an appointment at our office in Ridgewood, NJ. We’d be happy to help you work legally in the US.
