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H-2A- Agricultural Workers
To qualify for H-2A nonimmigrant classification, the petitioner must:
Eligible Countries List
Except as noted below, H-2A petitions may only be approved for nationals of countries that the Secretary of Homeland Security has designated, with the concurrence of the Secretary of State, as eligible to participate in the H-2A program.
The Department of Homeland Security publishes the list of H-2A and H-2B eligible countries annually in a Federal Register notice. Designation of eligible countries is valid for one year from publication.
Effective Jan. 18, 2013, nationals from the following countries are eligible to participate in the H-2A program:
Argentina |
Estonia |
Kiribati |
Peru |
Tonga |
Australia |
Ethiopia |
Latvia |
Philippines |
Turkey |
Barbados |
Fiji |
Lithuania |
Poland |
Tuvalu |
Belize |
Grenada |
Macedonia |
Romania |
Ukraine |
Brazil |
Guatemala |
Mexico |
Samoa |
United Kingdom |
Bulgaria |
Haiti |
Moldova |
Serbia |
Uruguay |
Canada |
Honduras |
Montenegro |
Slovakia |
Vanuatu |
Chile |
Hungary |
Nauru |
Slovenia |
|
Costa Rica |
Iceland |
The Netherlands |
Solomon Islands |
|
Croatia |
Ireland |
Nicaragua |
South Africa |
|
Dominican Republic |
Israel |
New Zealand |
South Korea |
|
Ecuador |
Jamaica |
Norway |
Spain |
|
El Salvador |
Japan |
Papua New Guinea |
Switzerland |
|
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 Calculating Interrupted Stay for 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.
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 with all other supporting documents
Q1. Who can file a Petition for Nonimmigrant Worker (Form I-129) for H-2A “temporary agricultural worker” classification with USCIS?
A1. The following are the only entities that can file Form I-129 with USCIS as H-2A petitioners:
Q2. Who may qualify as an “agent-petitioner" for H-2A classification?
A2. Only an agent who meets the requirements of 8 CFR 214.2(h)(2)(i)(F), as outlined below, can file Form I-129 as a petitioner.
Q3. Who may assist a petitioner in filling out Form I-129?
A3. You can always choose to complete Form I-129 on your own behalf or someone else may assist you. However, only certain qualified individuals can give you legal advice or represent you before USCIS. Legal advice may include: how to answer questions on your immigration forms; and your immigration choices and options.
The following individuals may provide legal advice and represent you before USCIS, including assisting in the preparation of Form I-129:
For more information about types of legal representatives included on Form G-28, see Form G-28.
USCIS will not communicate with or send correspondence to preparers as they are not authorized to represent petitioners before USCIS.
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