Below is a detailed breakdown of the H-2A visa process, which is the primary program for hiring temporary agricultural workers from abroad in the U.S. This visa allows foreign workers to fill seasonal farm jobs when domestic workers are unavailable. Let’s break it down step-by-step:

H-2A Visa Process Overview

1. Employer Applies for Labor Certification
2. Employer Files Visa Petition
3. Worker Applies for Visa
4. Worker Enters the U.S.

Step 1: Employer Requirements

A. Labor Certification (DOL Approval)

The employer must first prove there are not enough U.S. workers available for the job.

• Submit Form ETA-790/790A to the U.S. Department of Labor (DOL).
• Job Details Required:
• Job duties, dates of employment, hours, wages (must meet or exceed the Adverse Effect Wage Rate, or AEWR).
• Housing and transportation guarantees (employers must provide free housing and reimburse travel costs).
• *Recruitment Period: Employers must advertise the job locally for at least *14 days to recruit U.S. workers.

B. Approval of Temporary Labor Certification

• If approved, the DOL issues a Certified ETA-790 (valid for up to 10 months).

Step 2: Employer Files Visa Petition (USCIS)

• Submit Form I-129 (Petition for Nonimmigrant Worker) to U.S. Citizenship and Immigration Services (USCIS).
• Include the certified ETA-790 and a detailed job offer.
• Pay filing fees:
• $460 base fee + $100 Fraud Prevention Fee per worker.
• USCIS reviews and (if approved) issues Form I-797 (Notice of Action).

Step 3: Worker Applies for Visa

Once the petition is approved, the foreign worker can apply for the H-2A visa:

1. Complete Form DS-160 (Online Nonimmigrant Visa Application).
2. Pay Visa Fees:

• $190 visa application fee.

1. Schedule a Visa Interview at a U.S. embassy/consulate in their home country.
2. Documents to Bring:

• Passport valid for 6+ months.
• Form I-797 approval notice.
• Copy of job offer and labor certification (ETA-790).
• Proof of ties to home country (to show intent to return).

Step 4: Entering the U.S.

• If the visa is approved, the worker can travel to the U.S. up to 7 days before the job start date.
• At the port of entry, U.S. Customs and Border Protection (CBP) issues an I-94 Arrival Record with the authorized stay period (usually tied to the job duration).

Key Requirements for Workers

• *Temporary Work: H-2A visas are *seasonal (max 10 months, but extensions possible).
• *Employer Binding: Workers can *only work for the employer who petitioned them.
• Wage Protections: Must be paid the higher of the AEWR, state minimum wage, or federal minimum wage.

Timeline

• Total Process: 6–12 weeks (varies by employer preparation and embassy backlog).
• Seasonal Jobs: Start dates often align with planting/harvest seasons (e.g., spring for berries, fall for apples).

Alternate Visa Options

1. H-2B Visa: For non-agricultural seasonal work (e.g., landscaping, seafood processing).
2. J-1 Visa: Short-term exchange programs (e.g., farm internships for students).

Common Challenges

• Delays: Due to DOL/USCIS backlogs or embassy interview wait times.
• Costs: Employers must cover most fees, but some may deduct travel costs from wages (regulated by law).
• *Rights Violations: Report issues to the DOL or *Migrant Legal Aid (e.g., wage theft, unsafe housing).

Resources for Workers

• U.S. Department of Labor (DOL): Seasonal Jobs Portal for job listings.
• Worker Hotlines:
• UFW Foundation: 1-877-527-6664 (for rights violations).
• CIERTO: Recruits and trains H-2A workers (Latin America focus).
• Legal Aid:
• Legal Aid at Work: https://legalaidatwork.org.

Example Scenario

A Mexican worker hired by a California strawberry farm:

1. Farm files ETA-790 and recruits locally (no U.S. applicants).
2. DOL approves labor certification.
3. Farm submits I-129 to USCIS and pays fees.
4. Worker applies for H-2A visa at U.S. consulate in Mexico City.
5. Visa approved → worker enters the U.S. for a 6-month harvest season.