FORMS: Form I-129, Form ETA-790 (DOL Temporary Labor Certification)
The H-2A visa allows U.S. agricultural employers facing seasonal labor shortages to employ foreign workers temporarily. It is restricted to agricultural employment of a temporary or seasonal nature — including planting, cultivating, and harvesting crops; livestock care; and certain forestry work. There is no annual numerical cap on H-2A visas.
The employer must demonstrate insufficient U.S. workers are available, willing, and qualified to perform the work; the work must be agricultural in nature and temporary/seasonal (typically less than 10 months); the employer must obtain a temporary labor certification from the U.S. Department of Labor; and beneficiaries must be nationals of designated H-2A eligible countries (DHS publishes annual list).
Step 1: Employer files Form ETA-790 with DOL for temporary labor certification, including domestic recruitment efforts. Step 2: Upon DOL certification, employer files Form I-129 with USCIS. Step 3: Approved beneficiaries apply for visas at U.S. consulates abroad (or change status if already in U.S.).
Required: DOL certified temporary labor certification (Form ETA-790); proof of agricultural work nature; housing arrangements meeting federal/state standards; transportation provisions; workers' compensation insurance; recruitment evidence demonstrating U.S. worker shortage; and prevailing wage compliance.
USCIS Form I-129 fees; DOL Temporary Labor Certification has no fee but requires extensive documentation; Anti-fraud fee; Visa application fee; Recruitment costs (employer-paid); Housing and transportation costs (employer-paid).
DOL certification: 30–60 days; USCIS adjudication: 1–4 months (premium processing available); Total process from start: typically 60–120 days. Initial admission up to one year, extendable in one-year increments to maximum three years.
Our firm assists agricultural employers, growers, and labor contractors with H-2A program compliance, including DOL recruitment requirements, housing and transportation logistics, prevailing wage analysis, and audit defense. We handle large-scale seasonal workforce filings for vegetable growers, dairies, orchards, and nurseries.
If your agricultural operation needs temporary seasonal workers, we can help you navigate the H-2A program from labor certification through visa issuance. Contact us early — the process requires significant lead time.
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