H-1B1
VS
H-2A
Type
Nonimmigrant visa
Nonimmigrant visa
Description
Free Trade Agreement Professionals
Temporary Agricultural Workers
Profiles that typically qualify
Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Physical therapists, Agronomists, Management consultants
Agricultural workers, Seasonal farm workers, Horticultural employees, Forestry workers, Dairy farm workers, Orchard workers
Requirements
You must be a citizen of Chile or Singapore.
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.
Pros
Easy renewal process with the option to extend stay.
Far less competitive than the H-1B visa, as it does not require an annual lottery.
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
Requires employer sponsorship and a job offer in a specialty occupation.
Annual renewal adds administrative overhead.
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
18 months1
Duration of labor certification, up to 1 year, renewable twice in 1-year increments for a total of 3 years.
Renewable
Indefinitely
Twice in 1-year increments for a total of 3 years.
Without premium processing
1-4 months
1-3 months1
With premium processing
No
15 business days
Can spouse work
No
No
Disclaimers
1Visa issued for 18-month terms with admission to the U.S. in 12-month periods, renewable in 12-month increments.
1Varies based on processing center workload and employer need; fee applicability uncertain.
Type
H-1B1
Nonimmigrant visa
H-2A
Nonimmigrant visa
Description
H-1B1
Free Trade Agreement Professionals
H-2A
Temporary Agricultural Workers
Profiles that typically qualify
H-1B1
Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Physical therapists, Agronomists, Management consultants
H-2A
Agricultural workers, Seasonal farm workers, Horticultural employees, Forestry workers, Dairy farm workers, Orchard workers
Requirements
H-1B1
You must be a citizen of Chile or Singapore.
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.
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
H-1B1
Easy renewal process with the option to extend stay.
Far less competitive than the H-1B visa, as it does not require an annual lottery.
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
H-1B1
Requires employer sponsorship and a job offer in a specialty occupation.
Annual renewal adds administrative overhead.
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
H-1B1
Required
H-2A
Required
Validity period
H-1B1
18 months1
H-2A
Duration of labor certification, up to 1 year, renewable twice in 1-year increments for a total of 3 years.
Renewable
H-1B1
Indefinitely
H-2A
Twice in 1-year increments for a total of 3 years.
Without premium processing
H-1B1
1-4 months
H-2A
1-3 months1
With premium processing
H-1B1
No
H-2A
15 business days
Can spouse work
H-1B1
No
H-2A
No
Disclaimers
H-1B1
1Visa issued for 18-month terms with admission to the U.S. in 12-month periods, renewable in 12-month increments.
H-2A
1Varies based on processing center workload and employer need; fee applicability uncertain.