H2A Visas
H2A visas are designed for agricultural employers to bring workers to work in agricultural related employment. Fruit farms, vegetable farms, fish farms, orchards, greenhouses, cattle ranches, tobacco farms all fall in this category. (See definition of Agriculture below)
H2A visas are used by agricultural employers to employ skilled or unskilled foreign nationals in temporary agricultural jobs when qualified U.S. workers aren't available. To obtain H2A visas, the agriculural employer shows that the need is temporary, and that no US workers will be affected by the employment of the foreign national.
The need may be:
• A recurring seasonal need
• A "Peakload" need
• An "Intermittent" need or
• A "One time" need
Time Limits
H2A visas can be for as long as 10 months. The agriculural employer may request workers each year. While the H2A visa worker may extend his time up to a limit of 3 years, the agricultural employer must be certified by the Department of Labor for the periods that he needs H2A workers.
For the agricultural employer with "recurring seasonal needs" the Department of Labor will certify the employer for the H2A program for that job title and description each year.
Here is the US government definition of Agriculture:
''Agriculture includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market ''
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