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Who Qualifies For An H-2A Visa?

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H-2A Workers Protect America’s Food Supply

Temporary Restrictions Do Not Apply to H-2A Visas

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Immigration Law

H-2A Visa Requirements

Each year the Department of Homeland Security (DHS) publishes a list of eligible H-2A countries in the Federal Register. A farmworker cannot file for their own H-2A visa. A U.S. employer must file USCIS Form I-129 Petition for Nonimmigrant Worker with the H supplement on behalf of the foreign worker(s). The requirements for a U.S. employer to request an H-2A farmworker visa to the DOL includes:

Dependents of H-2A workers (spouses and unmarried children under 21 years of age) are entitled to H-4 status but are not entitled to work in the United States. H-4 visas are temporarily suspended under the 2020 COVID economic restrictions. 

Learn More: Immigration Attorney Kyle Farmer Discusses the H-2A Visa Program

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