![]() The Department of Homeland Security publishes the list of H-2A and H-2B eligible countries in a Federal Register notice. port of entry, if a worker does not require a visa in cases where an H-2A visa is not required.Įxcept as noted below, H-2A petitions may only be approved for nationals of countries that the secretary of homeland security has designated, with the concurrence of the Office of the Secretary of State, as eligible to participate in the H-2A program. Directly seek admission to the United States in H-2A classification with CBP at a U.S.Customs and Border Protection (CBP) at a U.S. Embassy or Consulate abroad and then seek admission to the United States with U.S. After USCIS approves Form I-129, prospective H-2A workers who are outside the United States must: Step 3: Prospective workers outside the United States apply for visa and/or admission.(See the instructions to Form I-129 for additional filing requirements.) With limited exceptions, the petitioner must submit original temporary labor certification as initial evidence with Form I-129. After receiving a temporary labor certification for H-2A employment from DOL, the petitioner must file Form I-129 with USCIS. Step 2: Petitioner submits Form I-129 to USCIS.Before requesting H-2A classification from USCIS, the petitioner must apply for and receive a temporary labor certification for H-2A workers from DOL. For further information regarding the temporary labor certification requirements and process, see the Foreign Labor Certification, Department of Labor Web page. Step 1: Petitioner submits temporary labor certification application to the U.S.
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