To qualify for H-2A nonimmigrant classification, the petitioner must:

• Offer a job that is of a temporary or seasonal nature.

• Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.

• Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

• Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition. (A limited exception to this requirement exists in certain “emergent circumstances.” See e.g., 8 CFR 214.2(h)(5)(x) for specific details.)

*NOTE: As of Jan. 17, 2025, DHS regulations no longer require USCIS to consider whether the beneficiary is a national of a country that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated as eligible to participate in the H-2A program.

• Step 1: Petitioner submits temporary labor certification application to the U.S. Department of Labor (DOL). Before requesting H-2A classification from USCIS, the petitioner must apply for and receive a temporary labor certification for H-2A workers from DOL. For further information regarding the temporary labor certification requirements and process, see the Foreign Labor Certification, Department of Labor Web page.

• Step 2: Petitioner submits Form I-129 to USCIS. After receiving a temporary labor certification for H-2A employment from DOL, the petitioner must file Form I-129 with USCIS. With limited exceptions, the petitioner must submit original temporary labor certification as initial evidence with Form I-129. (See the instructions to Form I-129 for additional filing requirements.)

• Step 3: Prospective workers outside the United States apply for visa and/or admission. After USCIS approves Form I-129, prospective H-2A workers who are outside the United States must:

  • Apply for an H-2A visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad and then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or

  • Directly seek admission to the United States in H-2A classification with CBP at a U.S. port of entry, if a worker does not require a visa in cases where an H-2A visa is not required.

Under new H-2 regulations in effect on January 17, 2025, USCIS has the authority to deny H-2A petitions filed on or after January 17, 2025, if the petitioner or its predecessor has been found to have committed certain serious labor law violations or otherwise violated the requirements of the H-2A or H-2B program. Prospective denials under this provision will apply across both H-2 classifications regardless of whether the violation occurred in the H-2A or H-2B program. Whether the denial is mandatory or discretionary will depend on the nature of the past violation(s). For more information, see 8 CFR 214.2(h)(10)(iv) and the Form I-129 Instructions.

For the purposes of this denial authority, a criminal conviction or final administrative or judicial determination against certain individuals will be treated as a conviction or final administrative or judicial determination against the petitioner or successor in interest. For more information, see 8 CFR 214.2(h)(10)(iv)(C).

In addition, see 8 CFR 214.2(h)(5)(xi)(C) with respect to how USCIS determines whether an employer is a successor in interest.

As a condition of approval of an H-2A petition, no job placement fee, fee or penalty for breach of contract, or other fee, penalty, or compensation (either direct or indirect) related to the H-2A employment (collectively, “prohibited fees”) may be collected at any time from a beneficiary of an H-2A or any person acting on the beneficiary’s behalf.

Prohibited fees may include, but are not limited to, deduction or withholding of wages or salary, whether or not such deduction or withholding of wages or salary provides some benefit to the beneficiary. Passing a cost to the beneficiary that, by statute or applicable regulations is the responsibility of the petitioner, constitutes the collection of a prohibited fee. For additional information, see 8 CFR 214.2(h)(5)(xi) and the Form I-129 Instructions.

USCIS will deny or revoke the petition if we determine that the petitioner or any petitioner’s employee, agent, attorney, facilitator, recruiter, or similar employment service, or any employer or joint employer, collected, or entered into an agreement to collect, prohibited fees, as described above, whether before or after the filing of the petition. For information about the limited exceptions to a mandatory denial or revocation for prohibited fees, see 8 CFR 214.2(h)(5)(xi) and the Form I-129 Instructions.

If a petition is denied or revoked for prohibited fees, or if the petitioner withdraws the petition after USCIS issued a notice of intent to deny or revoke on this basis, USCIS will deny any H-2A or H-2B petition that the petitioner or the petitioner’s successor in interest files within 1 year after the decision or acknowledgment of withdrawal if the denied or revoked petition was filed on or after January 17, 2025. After that 1-year period, USCIS will deny any H-2A or H-2B petition that the petitioner or the petitioner’s successor in interest files for an additional 3 years unless each affected beneficiary, or their designee as appropriate, has been reimbursed in full. Denial on this basis will apply to petitions for both the H-2A and H-2B classifications regardless of whether the denial, revocation, or withdrawal occurred in the H-2A or H-2B program. The 3-year denial period will apply to petitioners whose petitions were previously denied, revoked, or withdrawn after being filed on or after January 17, 2025. For additional information, including regarding successor in interest determinations and reimbursement of designees, see 8 CFR 214.2(h)(5)(xi) and the Form I-129 Instructions.

Generally, USCIS may grant H-2A classification for up to the period of time authorized on the temporary labor certification. H-2A classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2A classification is 3 years.

A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of at least 60 days before seeking readmission as an H-2A nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2A time.

“Resetting” the 3-year limit

A qualifying absence from the United States for an uninterrupted period of at least 60 days at any time will result in the H-2A worker becoming eligible for a new 3-year maximum period of H-2A stay. Brief trips to the United States for business or pleasure during the required time abroad are not considered to be interruptive, but do not count towards fulfillment of the required 60-day minimum period of time abroad.

To qualify, the petitioner must provide evidence documenting the worker’s relevant absence(s) from the United States, such as, but not limited to, arrival and departure records, copies of tax returns, and records of employment abroad.

A petitioner may choose to file a separate petition on behalf of the worker(s) for whom it is providing evidence of qualifying absences to reset the 3-year limit. While not required, filing separate petitions may help decrease delays in processing if USCIS requests additional evidence, and may help avoid a shortened validity period for other workers if one or more workers will reach the 3-year maximum period of stay during the requested validity period and USCIS is unable to verify the claimed period(s) of absence.

You generally may file one petition to request all of your H-2A workers associated with one temporary labor certification (with a limit of 25 named workers per petition). If you are required to file more than one petition (for instance if you are filing on behalf of both named and unnamed workers) or if you choose to file more than one petition:

• The total number of beneficiaries on your petitions may not exceed the total number of workers approved by the U.S. Department of Labor on the temporary labor certification;

• Each petition must be accompanied by a copy of the same temporary labor certification; and

• Please include an attachment noting that you are filing other petitions based on the same temporary labor certification.

An H-2A worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.

OMB Control Number 1615-0107

Petitioners of H-2A workers must notify USCIS within 2 workdays if any of the following occur:

• Worker Never Reported for Work: The H-2A worker does not report for work within 5 work days of the latter of:

  • The employment start date on the H-2A petition, or

  • The start date established by the employer;

• Worker Stopped Reporting for Work: The H-2A worker leaves without notice and does not report for work for 5 consecutive workdays without the consent of the employer;

• Termination: The H-2A worker is terminated before completing the H-2A labor or services for which he or she was hired; or

• Early Completion: The H-2A worker finishes the labor or services for which he or she was hired more than 30 days earlier than the end date specified in the H-2A petition.

Note: USCIS defers to DOL’s definition of “workday.” According to the Fair Labor Standards Act (FLSA), this generally means the period of time on any particular day when an employee begins and ends his or her “principal activities.”

Petitioners must include the following information on the employment-related notification:

1. The reason for the notification (for example, explain that the worker never reported for work,” or “stopped reporting for work,” or that the employment ended in “termination,” or “early completion”);

2. The reason for untimely notification and evidence for good cause, if applicable;

3. The USCIS receipt number of the approved H-2A petition;

4. The petitioner’s information, including:

   • Name

   • Address

   • Phone number

   • Employer identification number (EIN)

5. The employer’s information (if different from that of the petitioner):

• Name

• Address

• Phone number

6. The H-2A worker’s information:

• Full Name

• Date of birth

• Place of birth

• Last known physical address and phone number

Additionally, to help USCIS identify the H-2A worker, submit the following for each H-2A worker, if available:

• Social Security number

• Visa number

Failure to Notify USCIS: A petitioner who fails to comply with these employment notification requirements, or fails to demonstrate good cause for untimely notification, may be required to pay $10 in liquidated damages for each instance of noncompliance.

Note: The employment notification requirement is a petitioner obligation and does not represent an indication of wrongdoing on the part of the H-2A worker. Further, USCIS does not consider the information provided in a petitioner notification, standing alone, to be conclusive evidence regarding the worker’s current status.

How do I notify USCIS?

Email or mail your notification to the California Service Center at the following addresses. Although not required, email notification is strongly recommended to ensure timely notification.

California Service Center

By email: CSC-X.H-2AAbs@uscis.dhs.gov

By mail:

USCIS California Service Center P.O. Box 30113 / ALL OTHER (Attn: BCU Section) Tustin, CA 92781

USCIS provides expedited processing of Form I-129 for H-2A petitions. You can check the status of your case using Case Status Online. If your petition has been pending for more than 15 days and we have not sent you a decision or request for more evidence, you may call the USCIS Contact Center at 800-375-5283 to ask about the status of your case.

Note: We can only provide case-specific information to authorized individuals (for example, petitioners and attorneys of record). For H-2A petitions, the petitioner is the petitioning individual or company. We cannot provide case-specific information to unauthorized third parties, such as the beneficiary (the temporary worker).