Need Farmworkers for Harvest? Start the H-2A Visa Process Now

The biggest mistake agricultural employers make with H-2A visas? Starting the process at the time when they desperately need workers, not in advance, as required. For those employers who needed extra hands for fall harvest, the time to start is NOW.

The 75-90 day processing timeline means waiting until September for an October harvest is already too late.

H-2A visas are specifically designed for agriculture and forestry operations that require temporary or seasonal labor. This program allows U.S. employers who meet specific regulatory requirements to bring foreign nationals to fill these critical roles.

To qualify for H-2A classification, employers must:

• Offer a job that is temporary or seasonal in nature;

• Demonstrate there aren't enough U.S. workers able, willing, and qualified to do the work;

• Show that employing H-2A workers won't adversely affect wages of similarly employed U.S. workers; and

• Submit a valid temporary Labor Certification application (LCA) to the Department of Labor, along with a persuasive Statement of Need. 

The multi-step process requires careful planning and execution:

1. Prepare a detailed Job Order, and submit temporary LCA application to the Department of Labor;

2. Complete recruitment process to prove U.S. workers aren't available;

3. File Form I-129 petition with USCIS; and

4. Candidates apply for a U.S. visa at a consulate abroad before seeking admission to the USA. 

Each step has its own timeline, and the total process typically takes 75-90 days minimum from start to finish.

What makes H-2A visas valuable for agricultural employers?

• Workers can stay for the period authorized on the labor certification.

• Extensions are possible for qualifying employment.

• The maximum period in H-2A status is 3 years (but this can be extended with 60-day stays outside the USA).

• Workers from 90 eligible countries can participate (as of 2024).

Over the years, I've seen too many businesses miss out on crucial harvest help because they started the process too late. When your crops are ready, you can't tell them to wait while visa paperwork processes!  Don’t wait until next year to grow your business with additional essential workers. 

For employers planning for an October to November harvest, the time to begin is now. Starting early ensures you'll have the workforce you need during your critical season.

Do you need farmworkers for this harvest season? Do you have questions about the H-2A visa process or want to get started? Call (949) 940-6725, or book a consultation online to speak with one of our experienced immigration attorneys.

DISCLAIMER: This article does not constitute legal advice. Always consult with a qualified, licensed US immigration attorney.