The H-2A visa allows U.S. agricultural employers to bring foreign workers to the United States temporarily to fill seasonal or temporary agricultural jobs when there are not enough qualified U.S. workers available. Unlike most other work visa categories, the H-2A program has no annual visa cap — employers can sponsor as many workers as they can demonstrate need for and meet the program’s labor market test requirements. In 2026, H-2A usage continues to grow, with farms, orchards, and large agricultural operations relying heavily on the program.
H-2A vs. H-2B: Key Difference
The H-2A and H-2B programs are often confused but serve distinct purposes:
- H-2A: Agricultural work only — planting, cultivating, harvesting crops, livestock operations, farmwork. No annual cap.
- H-2B: Non-agricultural seasonal work — landscaping, hospitality, construction, seafood processing. Subject to a 66,000 annual cap that is consistently oversubscribed in 2026.
H-2A Eligibility Requirements 2026
For Employers:
- The job must be temporary or seasonal in nature (tied to a specific agricultural season or a one-time need)
- The employer must demonstrate an insufficient supply of U.S. workers willing and able to do the job at the offered wage
- The employer must offer the Adverse Effect Wage Rate (AEWR) or the applicable prevailing wage, whichever is higher — the AEWR for 2026 varies by state, ranging from approximately $15.00–$22.00/hour
- The employer must provide free housing or a housing allowance to all H-2A workers
- The employer must pay for or reimburse transportation costs to and from the worker’s home country
- Workers must come from a designated H-2A country — USCIS maintains a list of approximately 78 eligible countries (Mexico, Guatemala, Jamaica, South Africa, and others)
For Workers:
- Must be a national of an H-2A eligible country
- Must have a qualifying job offer from a U.S. agricultural employer
- Must intend to return home after the temporary work period ends
- Must pass a consular interview and medical screening if required
H-2A Application Process (Employer Steps)
Step 1 — File Job Order with State Workforce Agency (SWA)
At least 60 days before the work start date, the employer submits a job order to the State Workforce Agency (SWA) in the state where the work will occur. The SWA circulates the job order to recruit U.S. workers first. The employer must conduct good-faith recruitment of U.S. workers throughout this period.
Step 2 — File Application for Temporary Employment Certification with DOL
At least 45 days before the work start date, the employer files an Application for Temporary Employment Certification with the Department of Labor (DOL) through the FLAG (Foreign Labor Application Gateway) system. DOL reviews whether U.S. workers have been adequately recruited and whether the job order meets H-2A requirements.
Step 3 — File Form I-129 with USCIS
After receiving DOL certification, the employer files Form I-129 (Petition for Nonimmigrant Worker) with USCIS along with the DOL certification and supporting documentation. The USCIS filing fee is $460 per petition (one petition can cover multiple workers). Premium processing (15-business-day guarantee) is available for an additional $2,805.
Step 4 — Workers Apply for H-2A Visa at Consulate
Once USCIS approves the I-129, workers apply for the H-2A visa at a U.S. embassy or consulate. Mexican nationals and certain others may be eligible for border crossing procedures. The visa application fee is $205 (MRV fee). Workers attending a consular interview must bring the approval notice, job offer letter, and evidence of ties to their home country.
H-2A Duration and Extensions
- Initial period: up to 1 year, tied to the specific agricultural season or job
- Extensions: available in 1-year increments
- Maximum stay: 3 consecutive years — after 3 years, the worker must leave the U.S. for an uninterrupted period of at least 3 months before being eligible for a new H-2A period
- H-2A workers can change employers (with a new employer filing an I-129) during the 3-year period
H-2A Worker Rights and Employer Obligations
H-2A workers have significant legal protections that employers must honor:
- Wage guarantee: Must be paid the AEWR or prevailing wage — whichever is higher — for all hours worked. Wage records must be kept and provided to workers.
- Housing: Employer must provide free housing that meets federal and state health and safety standards, OR a housing allowance sufficient to cover local costs
- Meals: Employer must provide three meals per day or cooking facilities; employers may charge for meals but the rate is regulated by DOL
- Transportation: Employer pays for inbound and outbound transportation from the worker’s home country if the worker completes 50% (inbound) or the entire contract (outbound) of the job period
- Three-fourths guarantee: Employers must guarantee workers wages for at least 75% of the total work hours listed in the job order
- Workers’ compensation: Employers must provide workers’ compensation insurance or equivalent coverage
H-2A in 2026: Trump Administration Changes
Unlike the H-1B program, which has faced significant restrictive proposals in 2026 (see the End H-1B Visa Abuse Act), the H-2A program has been relatively insulated from restrictive policy changes under the Trump administration. Agricultural state Republicans have consistently pushed back on attempts to restrict agricultural labor programs, given the industry’s dependence on seasonal foreign workers. Key 2026 developments:
- DOL proposed minor changes to the AEWR calculation methodology, which could affect wage rates in future cycles
- DHS has increased H-2A site visits and compliance checks at worksites in 2026, with violations resulting in employer debarment from future H-2A filings
- The list of H-2A eligible countries was updated — employers must verify their targeted workers’ nationalities remain on the current list
Related: H-1B Visa Complete Guide | H-2B Supplemental Visas 2026 | End H-1B Visa Abuse Act 2026
