Green card

Nonimmigrant visa

National Interest Waiver

Temporary Agricultural Workers

Entrepreneurs, Researchers, Physicians, Industry experts, Innovators, STEM professionals

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

• You must hold an advanced degree (master's or higher), possess a bachelor's degree plus five years of progressive work experience, or demonstrate exceptional ability in your field by showing at least 3 of 6 requirements, such as maintaining membership in professional associations and earning recognition for your contributions to your industry from peers or professional organizations.

• Demonstrate that you will work on a proposed endeavor with substantial merit and national importance, and provide evidence that you are well-positioned to advance this work.

• 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.

• Provides complete flexibility to work, live, and study in the U.S.

• Flexible requirements, making it suitable for a variety of profiles.

• Does not require employer sponsorship or a job offer, providing significant independence.

• Eliminates the need for the lengthy labor certification process.

• 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 high burden of proof to demonstrate both national interest and exceptional ability.

• USCIS has broad discretion in deciding whether your permanent residency aligns with the national interest.

• 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

Permanent residency

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

Every 10 years

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

24-30 months¹

1-3 months¹

45 business days

15 business days

Yes

No

¹Applicants from India, China, or Mexico may experience longer wait times.

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