What is an H-2A Temporary Agricultural Workers Visa?

The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs.  A U.S. employer, a U.S. agent as described in the regulations, or an association of U.S. agricultural producers named as a joint employer must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf.

Period of Stay

Generally, USCIS may grant H-2A classification for up to 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 nonimmigrant status 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 nonimmigrant.  Additionally, previous time spent in other H or L classifications counts toward total H-2A time.

Exception: Certain periods of time spent outside of the United States may “interrupt” an H-2A worker’s authorized stay and not count toward the 3-year limit.  See the Calculating Interrupted Stay for H-2 Classifications article (link to “How Do I Calculate Interrupted Stays for the H-2 Classifications?”) for additional information.

Family of H-2A Workers

An H-2A worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification.  Family members are not eligible for employment in the United States while in H-4 status.

Employment-Related Notifications to USCIS

Petitioners of H-2A workers must notify USCIS within 2 workdays if any of the following occur:

  • No show: The H-2A worker fails to report to work within 5 work days of the latter of:
    • The employment start date on the H-2A petition, or
    • The start date established by the employer;
  • Abscondment: The H-2A worker leaves without notice and fails to report for work for 5 consecutive workdays without the consent of the employer;
  • Termination: The H-2A worker is terminated before completing of  the H-2A labor or services for which he or she was hired; or
  • Early Completion: The H-2A worker finishes the labor or services for which he or she was hired more than 30 days earlier than the date specified in the H-2A petition.

Petitioners must include the following information on the employment-related notification:

  1. The reason for the notification (for example, explain that the worker was either a “no show,” “absconder,” “termination,” or “early completion”);
  2. The reason for untimely notification and evidence for good cause, if applicable;
  3. The USCIS receipt number of the approved H-2A petition;
  4. The petitioner’s information, including:
    • Name
    • Address
    • Phone number
    • Employer identification number (EIN)
  5. The employer’s information (if different from that of the petitioner):
    • Name
    • Address
    • Phone number
  6. The H-2A worker’s information:
    • Full Name
    • Date of birth
    • Place of birth
    • Last known physical address and phone number

Additionally, to help USCIS identify the H-2A worker, submit the following for each H-2A worker, if available:

  • Social Security number
  • Visa number

Failure to Notify USCIS: A petitioner who fails to comply with these employment notification requirements, or fails to demonstrate good cause for untimely notification, may be required to pay $10 in liquidated damages for each instance of noncompliance.

Note: USCIS defers to DOL’s definition of “workday.”  According to the Fair Labor Standards Act (FLSA), this generally means the period of time on any particular day when an employee begins and ends his or her “principal activities.”

How do I notify USCIS?

Email or mail your notification to the California Service Center at the following addresses.  Although not required, email notification is strongly recommended to ensure timely notification.

California Service Center

By email: CSC-X.H-2AAbs@dhs.gov

By mail:

California Service Center
Attn: Div X/BCU ACD
P.O. Box 30050
Laguna Niguel, CA 92607–3004

Fee-Related Notifications to USCIS

A petitioner, agent, facilitator, recruiter, or similar employment service is prohibited from collecting a job placement fee or other compensation (either direct or indirect) at any time from an H-2A worker as a condition of employment.

Petitioners are provided with the opportunity to avoid denial or revocation (on notice) of their H-2A petition if they notify USCIS that they obtained information concerning the beneficiary’s payment of (or agreement to pay) a prohibited fee or compensation to any agent, facilitator, recruiter, or similar employment service only after they filed their H-2A petition.  This narrow exception does not apply, however, where a petitioner knew or should have known at the time of filing of its H-2A petition that the prospective worker had paid (or agreed to pay) such recruitment-related fees to any such persons or entities.

Petitioners must notify USCIS of an H-2A worker’s payment of or agreement to pay prohibited fees to a recruiter, facilitator or similar employment service within 2 workdays of gaining knowledge of such payment or agreement.

Petitioners must include the following information in their fee-related notification:

  1. The reason for the notification;
  2. The USCIS receipt number of the approved H-2A petition;
  3. The petitioner’s information:
    • Name
    • Address
    • Phone number
  4. The employer’s information (if different from that of the petitioner):
    • Name
    • Address
    • Phone number
  5. Information about the recruiter, facilitator, or placement service to which the beneficiaries paid (or agreed to pay) the prohibited fee:
    • Name
    • Address

How do I notify USCIS? 

Email or mail your notification to the California Service Center at the following addresses.  Although not required, email notification is strongly recommended to ensure timely notification. 

California Service Center

By email: CSC.H2AFee@dhs.gov

By mail:

California Service Center
Attn: H-2A Fee
P.O. Box 10695
Laguna Niguel, CA 92607–1095