Nonimmigrant visa

Nonimmigrant visa

Treaty Investors

Temporary Agricultural Workers

Entrepreneurs, Business owners, Investors

Agricultural workers, Seasonal farm workers, Horticultural employees, Forestry workers, Dairy farm workers, Orchard workers

• You and at least 50% of the business owners must be nationals of the same treaty country.

• You must direct or control the business through either 50%+ ownership or a high-level director or managerial role.

• The investment must be substantial and at risk, with the legal source of funds documented.

• Funds must be the investor's personal assets, and the investment must be in a commercial enterprise (i.e., a business that sells products or services).

• The business must be profitable and ideally create at least one U.S. job within the first five years.

• The employment must be of a temporary or seasonal nature.

• Employers must prove there are no available U.S. workers who are willing, qualified, and able to perform the temporary work.

• Employers must certify that hiring H-2A workers will not adversely impact the wages and working conditions of similarly employed U.S. workers.

• Renewable indefinitely, allowing long-term business opportunities in the U.S.

• Highly flexible and can be used for almost any type of business.

• Provides a legal pathway for foreign agricultural workers to work in the U.S.

• Addresses critical labor shortages in the agricultural sector.

• Allows for seasonal employment flexibility, matching crop harvest cycles.

• Requires a substantial upfront investment, with funds at risk (no set minimum, but typically over USD $100,000).

• Some consulates have long wait times for E-2 application interviews.

• Requires committing investment funds before receiving approval.

• Limited exclusively to agricultural work and subject to seasonal demands.

• No pathway to permanent residency or long-term employment.

• Spouses and dependents do not receive work authorization.

• Employers must undergo a rigorous certification process.

• Requires employer sponsorship and a specific job offer.

Not required

Required

5 years¹

Duration of labor certification, up to 1 year, renewable twice in 1-year increments for a total of 3 years.

Indefinitely, 5-year increments²

Twice in 1-year increments for a total of 3 years.

2-4 months

1-3 months¹

15 business days³

15 business days

Yes

No

^{1, 2}Shorter for some nationalities.

³Available only for change of status, not for consular processing.

¹Varies based on processing center workload and employer need; fee applicability uncertain.