Nonimmigrant visa

Nonimmigrant visa

Specialty Occupations

Temporary Agricultural Workers

Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors

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

• You must hold a 4-year bachelor's degree or equivalent work experience (three years of professional experience for each missing year of formal education).

• The job must be a specialty occupation, requiring specialized knowledge typically obtained through a bachelor's degree or higher. This includes roles in fields like engineering, mathematics, and technology, where the complexity of the tasks necessitates advanced education.

• The employer must pay at least the prevailing wage for the position — a rate set by the U.S. Department of Labor based on the occupation, work location, and level of experience. This wage is not flexible and must be met at a minimum.

• 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.

• Facilitates a smooth transition to permanent residency.

• Requires minimal applicant qualifications beyond a college degree or professional experience.

• 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.

• Most applications are subject to an annual lottery and a rigid application cycle (except for exempt cases).

• Lottery acceptance rates are typically below 20%.

• Requires employer sponsorship and a specific job offer in a specialty occupation.

• Stricter company requirements for entrepreneurs applying under this visa.

• Spouses and dependents do not receive work authorization.

• 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.

Required

Required

3 years

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

Once, 3-year extension

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

2-3 months

1-3 months¹

15 business days

15 business days

No

No

-

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