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Length of stay
The H-2A classification may be extended for qualifying employment. 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 three years.
A person who has held H-2A nonimmigrant status for a total of three years must depart and remain outside the U.S. for an uninterrupted period of three months before seeking readmission as an H-2A nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2A time.
Employer responsibilities
A U.S. employer, a regulation-adhering U.S. agent, or an association of U.S. agricultural producers named as a joint employer must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf. To qualify for the H-2A nonimmigrant classification, the petitioner must:
Employment-related notifications to the USCIS
Petitioners of H-2A workers must notify the United States Citizenship and Immigration Services (USCIS) within two workdays if any of the following occur:
Family of H-2A workers
An H-2A worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the U.S. while in H-4 status.
Length of stay
The H-2A classification may be extended for qualifying employment. 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 three years.
A person who has held H-2A nonimmigrant status for a total of three years must depart and remain outside the U.S. for an uninterrupted period of three months before seeking readmission as an H-2A nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2A time.
Employer responsibilities
A U.S. employer, a regulation-adhering U.S. agent, or an association of U.S. agricultural producers named as a joint employer must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf. To qualify for the H-2A nonimmigrant classification, the petitioner must:
Employment-related notifications to the USCIS
Petitioners of H-2A workers must notify the United States Citizenship and Immigration Services (USCIS) within two workdays if any of the following occur:
Family of H-2A workers
An H-2A worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the U.S. while in H-4 status.