The H-2A visa program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. A U.S. employer, a U.S. agent as described in the federal regulations, or an association of U.S. agricultural producers named as a joint employer must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf. And only persons (nationals) from certain countries are eligible to participate in the H-2A program.

To qualify for H-2A nonimmigrant classification, the petitioner (employer) 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 8 CFR 214.2(h)(5)(x) for specific details).

Generally, U.S. Citizenship and Immigration Services (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 3 months before seeking readmission as an H-2A nonimmigrant. And previous time spent in other H or L classifications counts toward total H-2A time.

In Tennessee, as in other states, the H-2A visa program is governed by federal regulations and allows U.S. employers to bring foreign nationals to the United States for temporary agricultural work. Employers must file Form I-129 on behalf of the worker and prove the job is temporary or seasonal, that there is a shortage of available and qualified U.S. workers, and that hiring H-2A workers will not negatively impact the wages and conditions of U.S. workers in similar roles. Employers are generally required to obtain a temporary labor certification from the U.S. Department of Labor, except in special emergent circumstances. The H-2A classification can be granted for the period authorized on the labor certification and may be extended in increments of up to one year with a new certification for each extension. The maximum stay under H-2A status is three years, after which the individual must leave the U.S. for three months before they can apply for readmission under the H-2A program. Time spent in other H or L nonimmigrant statuses is counted towards the three-year limit for H-2A visas.