Plan Now for Additional Fall Harvest Workers (Agriculture and Forestry)

If you need agricultural workers for your Fall season harvest, you need to start the H-2A visa process NOW. The 75–90-day processing timeline means employers can't afford to wait.

 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

• 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

4. Workers apply for visas at U.S. consulates abroad and seek admission

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

• Workers from 78 eligible countries can participate (as of 2021)

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.

Have questions about the H-2A process or want to get started? Call (949) 940-6725, or book a consultation online.

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