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H-2A Visa - Frequently Asked Questions

6.

What are the requirements for H-2A visa applicant?

To qualify for H-2A visa, you must:

  • Have a valid job offer from a U.S. employer to perform temporary or seasonal agricultural work
  • Show proof of an intent to return to your home country on expiration of the visa
7.

How long can I stay in the U.S. on H-2A visa?

The H-2A labor certification application shall be valid for the period of employment indicated on the Form ETA-750A, Application for Alien Labor Certification. However, in no event shall the validity period exceed 364 days. You may stay for two more years with two one year increments. With initial one year and two one year extensions, you may stay for three years on H-2A visa.

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8.

Can I extend my stay on H-2A visa?

Yes, you may apply for Extension of Stay on H-2A visa. The employer may apply for re-certification for an additional two years with one year extensions, but on each new application, the employer must justify the reason for the renewal request.

9.

Can I change status while on H-2A visa?

Yes, you may apply for change of status on H-2A visa. If you are changing the job or employer (like H-2A to H-2B), have your new employer file Form I-129, Petition for Nonimmigrant Worker, at the USCIS Regional Service Center with jurisdiction over your residence.

Note: H-2A certification is issued to the employer, not the worker, not transferable from one employer to another or from one worker to another. Certification is issued only for a specific job opportunity, for a specific number of workers, and for a specific employment period.

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