H-2A Visa Attorney for Farmworkers
There is a nationwide shortage for farmworkers in U.S. which is why farmers rely on the H-2A visa program.
At Immigration Spurgin, PLLC, our H-2A visa attorney strives to help farmers and farmworkers alike go through the H-2A visa program including eligibility, labor certification and even helping farmworkers understand the potential pathways to permanent residency. We’ve outlined what you need to know to get started here.
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What Is an H-2A Visa?
The H-2A visa is a temporary work visa that allows foreign nationals to enter the United States to perform agricultural labor or services of a seasonal or temporary nature. The visa is designed to help U.S. employers fill labor shortages in farming, livestock, and other agricultural industries. H-2A workers can legally work in the U.S. for a limited time and must return to their home country after their employment ends.
Who Qualifies for an H-2A Visa?
To qualify for an H-2A visa in agriculture, you must meet the following requirements:
- Temporary or seasonal employment – Your job must be seasonal or temporary in the agricultural sector.
- Employment offer from a U.S. employer – You must have a valid job offer from a U.S. agricultural employer participating in the H2A visa program.
- Intent to return home – You must show plans to return to your home country after completing your work assignment.
- Proof of qualifications – You should have the necessary skills, experience, or physical ability to perform the agricultural job.
H-2A Visa Application Process
The H-2A visa process involves multiple steps:
Step 1: Employer Petition
Your U.S. employer files Form I-129 with USCIS, proving no qualified U.S. workers are available and providing job details.
Step 2: Labor Certification
The employer obtains a temporary labor certification from the Department of Labor confirming hiring you won’t harm U.S. workers.
Step 3: Visa Application
After petition approval, you apply for an H-2A visa at a U.S. consulate with required documents like a passport and job offer.
Step 4: Entry to the U.S.
Once the visa is approved, you travel to the U.S. to work temporarily for your employer during the agricultural season.
Working with an experienced H-2A visa attorney can help you understand your eligibility, gather the right documents, and protect your rights while you work in the U.S.
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What Are Common H-2A Visa Jobs?
The H-2A visa agriculture program covers a variety of farmwork, including:
- Planting, cultivating, and harvesting crops
- Livestock care and farm maintenance
- Seasonal tasks such as pruning, packing, or loading produce
How to Go from H-2A Visa to Green Card
Some H-2A farmworkers hope to build a stable future here, give their family a chance at life in America, and put down permanent roots. Unfortunately, the process of pursuing a green card after getting an H-2A visa is complex and demands an in-depth understanding of the U.S. immigration system. The rules are unforgiving, employers may be unfamiliar with the process, and widespread misinformation make it even harder for applicants to find the path forward.
Although the H-2A visa does not provide a direct path to permanent residency, there are ways you may qualify for a green card:
Employment-Based Green Cards
- If your employer can sponsor you, you may be eligible under EB-2 or EB-3 categories.
- Your employer must secure a PERM labor certificate showing no qualified U.S. workers are available.
Family-Based Green Cards
You may qualify if you have a U.S. citizen spouse, children over 21, or a permanent resident spouse or parent.
Special Programs and Humanitarian Options
- VAWA – For victims of abuse by a U.S. citizen or permanent resident spouse
- U-visa – For victims of qualifying crimes who cooperate with law enforcement
- Asylum – If returning to your home country would be unsafe
- Cancellation of removal – For individuals in removal proceedings who meet strict criteria
Meeting with an H-2A visa attorney can help you understand which option is best for you and ensure your paperwork is filed correctly.
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How Immigration Spurgin Helps H-2A Workers Pursue Green Cards
With decades of experience, Immigration Spurgin, PLLC helps farmworkers like you navigate the H-2A visa program, eligibility, and green card options. We provide culturally sensitive guidance and support throughout your journey.
During your consultation, we review:
- Your immigration history and current H-2A status
- Your work history and family relationships in the U.S.
- Any risks that may affect your eligibility for a green card
We help you create a clear plan to move confidently toward permanent residency.
Frequently Asked Questions about H-2A Visa
Are small family farms eligible for the H-2A program?
Yes. Farms of all sizes, including small family-run operations, can participate if they meet the program requirements and submit all applications and documentation correctly and on time.
Can employers hire the same H-2A workers each season?
Yes. Employers can bring back returning workers as long as they complete the full application and approval process for each new season and the worker remains eligible.
How long does the H-2A visa process usually take?
From filing the application to visa approval, the process generally takes 60 to 90 days, though timing may vary depending on application volume, government processing times, and consular appointments.
Can you change employers while on an H-2A visa?
You cannot switch employers freely. To work for a different farm, your new employer must file a separate H-2A petition and have it approved before you begin employment.
Choose Immigration Spurgin for Your H-2A Visa Journey
We’re here and ready to discuss your options when you are ready to take the next step. Contact us online or call us at 915-277-4174 to schedule a consultation with the committed team at Immigration Spurgin.
