Call Us Today: 202-787-1944
Contact Us Today For US Immigration Lawyer

H-2A Visa - Frequently Asked Questions


What forms are to be submitted by H-2A employer?

The forms to be submitted are:

  • Department of Labor Form ETA-750A, Application for Alien Labor Certification
  • Department of Labor Form ETA-790, Agricultural and Food Processing Clearance Order
  • Attachments as appropriate to supplement information requested on the above Forms and statement of authorization of agent or association, if applicable

Where is the Labor Condition application for H-2A temporary work visa filed?

A temporary agricultural Labor Certification must be obtained from the U.S. Department of Labor to employ temporary or seasonal workers. Before the USCIS can approve an employer's petition for such workers, the employer must file an application with the Department stating that there are not sufficient workers who are able, willing, qualified, and available and that the employment of foreign nationals will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Working In The U.S. - Your Options

Learn everything you need to know about working in the U.S.


When should the Labor Certification Application for H-2A visa be filed?

Applications must be filed with the appropriate U.S. Department of Labor (DOL), Regional Administrator (RA), Employment and Training Administration (ETA) and local office of the State Employment Service at least 45 days before the first date on which workers are needed. If the application is acceptable, the RA will make a certification determination 20 days before the date on which the workers are needed.

Note: In emergency situations the regional administrator may waive the time period specified, provided the regional administrator has an opportunity to obtain sufficient labor market information on an expedited basis on the U.S. worker availability. However, none of the minimum conditions of employment (wages, housing, and other benefits) are waived

Still have questions?

Call Support

Talk to a VisaPro Attorney at 1-202-787-1944

Visit the Forums

Learn from our knowledgeable community

Yes, I would like to check my
US visa eligibility.
How Do I Get a US Work Visa?
  • "We are extremely pleased with the prompt, quick and courteous services of VisaPro in arranging our L1 visa. The process was handled very efficiently by VisaPro [legal] professionals. VisaPro is cost effective and a company to get the job done without any follow-ups required."

    - Matrix Laboratories Inc.
  • "VisaPro prepared my case accurately and quickly forwarded them to USCIS for further approval. If you prefer peace of mind and on-time services, VisaPro is definitely a good choice."

    - Northwest Contract Services
  • "VisaPro helps take the confusion and frustration out of the visa application process. They explained each step and what was required."

    - Monona Catering

We handled thousands of immigration matters successfully. Schedule A Consultation