H-2A · Timeline

How the process works

1. 1

   1. Labor certification

   Your employer applies to DOL for a temporary labor certification. A paper petition, or an online petition that names workers, is filed after DOL approves it; an online petition for unnamed workers may be filed once DOL issues a Notice of Acceptance.^[1]

2. 2

   2. Petition to USCIS

   The employer files Form I-129 on paper or Form I-129H2A online; I-129H2A cannot be filed on paper. Generally one petition can cover all workers on one labor certification, with up to 25 named workers per petition, but named and unnamed workers cannot be on the same petition. Workers who are currently in the United States must be named.^[1,2,3]

3. 3

   3. Visa

   After USCIS approves the petition, workers outside the United States apply for an H-2A visa at a U.S. embassy or consulate and then seek admission from U.S. Customs and Border Protection (CBP) at a port of entry. Workers who do not need a visa seek admission directly.^[1]

4. 4

   4. Admission

   You are admitted for the period of the approved petition, plus up to 10 days before it begins to travel to the worksite and up to 30 days after it ends to depart or to seek an extension based on a new job offer (subject to the 3-year limit). Unless otherwise authorized, you may work only during the petition's validity period.^[3]