EB-3
VS
H-2A
Type
Green card
Nonimmigrant visa
Description
Skilled Workers, Professionals, and Other Workers
Temporary Agricultural Workers
Profiles that typically qualify
Almost any worker
Agricultural workers, Seasonal farm workers, Horticultural employees, Forestry workers, Dairy farm workers, Orchard workers
Requirements
Must have a job offer and undergo labor certification (PERM), showing no available qualified U.S. workers.
Skilled Workers: Job offer requires at least 2 years of training or experience.
Professionals: Job offer requires a U.S. bachelor's degree or foreign equivalent.
Other Workers: Job offer requiring less than 2 years of training or experience.
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.
Pros
Provides complete flexibility to work, live, and study in the U.S.
Straightforward process with clear requirements.
Highly flexible, applicable to almost any job that aligns with your experience or qualifications based on its minimum requirements.
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.
Cons
The labor certification process (PERM) is lengthy and time-consuming.
Applicants are tied to the employer sponsoring the petition for most of the application process.
Slower processing times compared to other categories, particularly for applicants from certain countries.
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.
Sponsorship
Required
Required
Validity period
Permanent residency
Duration of labor certification, up to 1 year, renewable twice in 1-year increments for a total of 3 years.
Renewable
Every 10 years
Twice in 1-year increments for a total of 3 years.
Without premium processing
Three stages, totaling about 36-48 months1
1-3 months1
With premium processing
15 business days2
15 business days
Can spouse work
Yes
No
Disclaimers
1Applicants from India, China, or Mexico may experience longer wait times.
2Available for only one stage of the process, with minimal impact on the overall processing time.
1Varies based on processing center workload and employer need; fee applicability uncertain.
Type
EB-3
Green card
H-2A
Nonimmigrant visa
Description
EB-3
Skilled Workers, Professionals, and Other Workers
H-2A
Temporary Agricultural Workers
Profiles that typically qualify
EB-3
Almost any worker
H-2A
Agricultural workers, Seasonal farm workers, Horticultural employees, Forestry workers, Dairy farm workers, Orchard workers
Requirements
EB-3
Must have a job offer and undergo labor certification (PERM), showing no available qualified U.S. workers.
Skilled Workers: Job offer requires at least 2 years of training or experience.
Professionals: Job offer requires a U.S. bachelor's degree or foreign equivalent.
Other Workers: Job offer requiring less than 2 years of training or experience.
H-2A
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.
Pros
EB-3
Provides complete flexibility to work, live, and study in the U.S.
Straightforward process with clear requirements.
Highly flexible, applicable to almost any job that aligns with your experience or qualifications based on its minimum requirements.
H-2A
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.
Cons
EB-3
The labor certification process (PERM) is lengthy and time-consuming.
Applicants are tied to the employer sponsoring the petition for most of the application process.
Slower processing times compared to other categories, particularly for applicants from certain countries.
H-2A
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.
Sponsorship
EB-3
Required
H-2A
Required
Validity period
EB-3
Permanent residency
H-2A
Duration of labor certification, up to 1 year, renewable twice in 1-year increments for a total of 3 years.
Renewable
EB-3
Every 10 years
H-2A
Twice in 1-year increments for a total of 3 years.
Without premium processing
EB-3
Three stages, totaling about 36-48 months1
H-2A
1-3 months1
With premium processing
EB-3
15 business days2
H-2A
15 business days
Can spouse work
EB-3
Yes
H-2A
No
Disclaimers
EB-3
1Applicants from India, China, or Mexico may experience longer wait times.
2Available for only one stage of the process, with minimal impact on the overall processing time.
H-2A
1Varies based on processing center workload and employer need; fee applicability uncertain.