NonimmigrantEmployment-basedNo annual capLabor certificationSeasonal

H-2A Temporary Agricultural Worker

For foreign workers filling temporary or seasonal farm jobs when U.S. workers are not available. The employer needs a Department of Labor certification first; there is no annual cap.

Last reviewed Oct 1, 2026Sources: USCIS · DOL · Federal RegisterReport an error

At a glance

Annual cap: None
Period of stay: Length of the labor certification
Extensions: Up to 1 year at a time
Maximum stay: 3 years, then 60 days outside
DOL application: At least 45 days before the date of need
Premium processing: Not available

H-2A wage rates under court review. A Department of Labor interim final rule effective Oct. 2, 2025 changed how the Adverse Effect Wage Rate (AEWR) is set, using BLS OEWS data with two skill levels and a housing adjustment. In United Farm Workers v. DOL (E.D. Cal.), the court found the rule unlawful on Aug. 25, 2026 but did not immediately vacate it, leaving current AEWRs in place while DOL writes a new methodology. DOL announced on Sept. 2, 2026 that employers may later be required to make wage adjustment payments for work after that date, though no payment obligation exists yet. On Sept. 17, 2026 the court rejected DOL’s proposed 9–12 month timeline and is weighing whether to vacate the rule.

Overview

The H-2A program lets U.S. agricultural employers bring in foreign nationals for temporary or seasonal farm work. The employer must show there are not enough U.S. workers who are able, willing, qualified and available, and that hiring H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Before USCIS can approve a petition, the Department of Labor must issue a temporary labor certification (TLC). Employers must pay at least the highest applicable wage rate, including the AEWR, provide housing at no cost to workers who cannot reasonably return home each day, cover inbound travel once the worker completes half the contract, and guarantee work for at least three-fourths of the contract hours.

There is no annual numerical cap. Since Jan. 17, 2025, USCIS no longer limits H-2A workers to nationals of countries on a designated-country list.

Who qualifies

The employer must show

The job is temporary or seasonal agricultural work.
There are not enough U.S. workers who are able, willing, qualified and available.
Employing H-2A workers will not adversely affect U.S. workers’ wages and working conditions.
A valid temporary labor certification from the Department of Labor (submitted with the petition).
No prohibited recruitment or placement fees have been or will be collected from workers.

The worker must

Meet the minimum job requirements stated in the labor certification (for named workers, as of the date the TLC was filed).
For commercial motor vehicle jobs, show English proficiency if the job requires it (Executive Order 14286, Apr. 28, 2025).

Duration & extensions

Initial period	Up to the period authorized on the labor certification
Extensions	In increments of up to 1 year
Maximum stay	3 years; time in other H or L classifications counts
Resetting the clock	After 3 years, the worker must spend an uninterrupted 60 days outside the U.S. before returning in H-2A status
Grace periods	Up to 10 days before and 30 days after the petition period, and up to 60 days after employment ends

Fees

The employer pays the USCIS petition fees. No job placement fee or other fee related to H-2A employment may be collected from workers. Amounts from the USCIS fee schedule (Form G-1055, edition 10/01/26).

Fee	Amount	Who pays	Notes
Form I-129 / I-129H2A — named workers	$1,090	Employer	$1,040 online; $545 for small employers (25 or fewer full-time-equivalent employees) and nonprofits. Up to 25 named workers per petition.
Form I-129 / I-129H2A — unnamed workers	$530	Employer	$480 online; $460 small employers and nonprofits. No limit on the number of workers.
Asylum Program Fee	$600	Employer	$300 small employers; $0 nonprofits.
Visa application (MRV) fee	$205	Worker	H category fee paid at the consulate. A reciprocity issuance fee may also apply by nationality.

Premium processing is not offered for H-2A (not on USCIS’s list), but USCIS expedites H-2A petitions. Public Law 119-21 created a Visa Integrity Fee of at least $250 on nonimmigrant visa issuance, but as of Oct. 1, 2026 it does not appear on the State Department’s visa fees page.

Processing time

Job order to the state workforce agency: 60–75 days before need; Form ETA-790/790A filed through DOL’s FLAG system.
Labor certification application: At least 45 days before need; Form ETA-9142A filed with DOL.

USCIS processing times vary; see USCIS processing times. The online Form I-129H2A can be filed once DOL issues its Notice of Acceptance. Nationals of the 19 countries under full restrictions in the Dec. 16, 2025 travel proclamation (effective Jan. 1, 2026) cannot currently be issued nonimmigrant visas, including this one, unless an exception applies.

Application steps

1
Submit the job order
60 to 75 days before the first date of need, the employer files the agricultural clearance order (Form ETA-790/790A) through DOL’s FLAG system.
2
Apply for labor certification
At least 45 days before the date of need, the employer files Form ETA-9142A with DOL and recruits U.S. workers.
3
File with USCIS
After DOL approval, the employer files Form I-129 by paper, or the online Form I-129H2A (which may be filed once DOL issues a Notice of Acceptance).
4
Visa or admission
Workers apply for H-2A visas at a U.S. consulate or, where visa-exempt, seek admission at a port of entry.
5
Report changes
Within 2 workdays, the employer notifies USCIS if a worker does not report within 5 workdays of the start date, stops reporting for 5 consecutive workdays, is terminated early or finishes more than 30 days early.

Required documents

From the employer

Approved temporary labor certification (or DOL Notice of Acceptance for online filing)
Form I-129 or I-129H2A
Evidence that named workers meet the job’s minimum requirements
Work contract or job order disclosed to workers

From the worker

Valid passport
Visa application (where a visa is required)
Proof of meeting any stated job requirements

Dependents & family

Spouses and unmarried children under 21 may accompany the worker in H-4 status. H-4 family members of H-2A workers may not work in the United States.

Path to a green card

H-2A is a temporary program and is not a dual-intent classification. There is no built-in path to permanent residence.

An H-2A worker who later qualifies for a green card generally does so through a separate immigrant category, such as employer sponsorship or family, under its own rules.

H-2B

Temporary non-agricultural worker

The non-farm counterpart, with an annual cap.

EB-3

Skilled and other workers

Employer-sponsored green card, including some farm jobs.

USMCA professionals

Includes some agricultural professional roles.

J-1

Exchange visitor

Agricultural trainee and intern programs.

Common questions

Is there a cap on H-2A visas?

No. There is no annual numerical limit, but every petition needs an approved Department of Labor temporary labor certification.

What wage must H-2A workers be paid?

At least the highest applicable rate, which includes the Adverse Effect Wage Rate set by DOL. The AEWR method changed on Oct. 2, 2025 and is now under a court-ordered rewrite; employers may later owe adjustment payments for the interim period.

How long can an H-2A worker stay?

For the period on the labor certification, with extensions of up to one year at a time, to a maximum of 3 years. The worker must then remain outside the U.S. for 60 uninterrupted days before returning in H-2A status.

Can H-2A workers change employers?

Yes, through a new employer’s petition. Under the January 2025 rule, eligible workers can start with the new employer as soon as it properly files the petition.

Official sources

Recent changes

Sep 17, 2026
Court rejects DOL’s timeline for new AEWR method. The court found DOL’s proposed 9–12 month schedule not prompt, ordered a further status report by Sept. 28 and set a status conference for Oct. 1, 2026, including on whether to vacate the interim rule. Source ↗
Sep 2, 2026
Court finds AEWR rule unlawful, leaves wage rates in place. OFLC gave the court-ordered notice in United Farm Workers v. DOL (No. 25-cv-01614): the interim rule was found unlawful but not vacated, current AEWRs stay in place, and employers may later owe wage adjustment payments for work after Sept. 2, 2026; no payment obligation exists yet. Source ↗
Aug 25, 2026
AEWR interim rule held unlawful. The court found the 2025 AEWR rule arbitrary and capricious and procedurally defective, remanded it without immediate vacatur, and ordered DOL to promptly issue a new methodology and new AEWRs. Source ↗
Oct 2, 2025
New AEWR methodology (interim final rule). AEWRs for non-range jobs now come from BLS OEWS data, with two skill levels per occupation and an adjustment for employer-provided housing. Effective immediately. Source ↗
Oct 2, 2025
Earlier filing of online H-2A petitions. Lets employers e-file Form I-129H2A for unnamed workers once DOL accepts the labor certification application, before it is approved; USCIS cannot approve the petition until DOL certifies. Source ↗
Jul 4, 2025
Visa Integrity Fee enacted. Public Law 119-21 requires a fee of at least $250 at issuance of any nonimmigrant visa. Source ↗
Jul 2, 2025
Proposed rescission of 2024 Farmworker Protection Rule. DOL proposed rescinding most of the April 29, 2024 rule; WHD had suspended enforcement of its new provisions on June 20, 2025. Source ↗
Apr 28, 2025
English proficiency for truck drivers. Under Executive Order 14286, petitions for commercial motor vehicle jobs that require English must show named workers are proficient. Source ↗
Jan 17, 2025
H-2 modernization rule takes effect. Adds grace periods and portability, whistleblower protections, stronger penalties for prohibited fees, a uniform 60-day absence to reset the 3-year limit, and ends the eligible-countries list. Source ↗
Apr 29, 2024
Farmworker Protection Rule published. Added worker-voice and anti-retaliation protections to H-2A; WHD suspended enforcement of its new provisions on June 20, 2025. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.