There are certain questions that are common for the H-2A visa. This page hopes to provide useful information by answering the most frequently asked questions about the H-2A visa.
The H-2A visa applies only to individuals who are from the list of eligible countries as provided by USCIS. However, there are other common questions surrounding H-2A visas which include the period of stay, and eligibility of family members of H-2A visa holders.
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How long is an H-2A visa valid for?
Initially, the H-2A period lasts as long as the temporary labor certification remains valid. It is possible to extend the H-2A visa period in certain situations for increments of up to one year. However, any additional time granted to an H-2A worker must be accompanied by a new/valid temporary labor certification. Although incremental increase in eligibility for H-2A workers is available, the maximum period of stay in in the U.S. under the H-2A status is no longer than 3 years.
Can I re-apply for an H-2A visa?
It is possible to re-apply for H-2A visa status after the maximum three year period. Those seeking to re-apply for a new H-2A visa must depart from the U.S. for an uninterrupted period of three months. After residing outside the U.S. for an uninterrupted period of three months may seek re-admission under the H-2A status.
Can spouses/children of H-2A visa holders apply for a visa?
Family members of H-2A workers are allowed to apply for legal status in certain scenarios. Spouses of H-2A workers are eligible to apply for an H-4 nonimmigrant classification. In addition, children under the age of 21 are also eligible to apply for H-4 visa status. To learn more about H-4 visas, please visit our section on H-4 visas.
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