H-2A – Temporary Agricultural Worker (Back)

• The H-2A temporary agricultural worker program establishes a means for agricultural employers who anticipate a shortage of domestic
   workers to bring nonimmigrant foreign workers  to the United States to perform agricultural labor or services of a  temporary or seasonal
   nature. "Temporary or seasonal nature" means employment performed at certain seasons of the year, usually in relation to the production
   and/or harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign
   worker(s) istruly temporary.

   Before U.S. Citizenship & Immigration Services can approve an employer's petition for H-2A workers, the employer must file an application for    alien employment certification with the Department of Labor stating that there are not sufficient workers who are able, willing, qualified, and
   available, and that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S.
   workers. The pertinent regulations provide for numerous worker protections and employer requirements with respect to wages and working
   conditions that do not apply to nonagricultural programs.

   H-2A visa holders may bring their spouses and unmarried children under the age of 21 with them on H-4 visas. Dependents may not work
   while in H-4 status.