H2A Agricultural Workers and H2B Temporary Workers

H2A & H2B Visa Attorney in Baton Rouge, Louisiana

H-2A visas can be issued to seasonal agricultural workers to fill temporary agricultural jobs for which U.S. workers are not available. H-2B visas are issued to unskilled workers to perform a job which is temporary or seasonal in nature and for which there is a shortage of U.S. workers. There is currently an annual cap of 66,000 visas for H-2B workers. There is currently no annual cap on visas for H-2A workers.

The employer must file an application with the Department’s Employment and Training Administration (ETA) stating that there are not sufficient workers who are able, willing, qualified, and available and that the employment of aliens will not adversely affect the wages and working conditions of workers similarly employed in the United States.

The Process

The process to obtain an H-2A or H-2B visa can be very complicated, and retaining an attorney who thoroughly understands the process can help ensure that your get the visa you need as quickly and smoothly as possible.

Step 1: Petitioner (Employer) submits temporary labor certification application

Step 2: Petitioner Submits Form I-129 to USCIS

Step 3: Prospective worker outside the United States applies for visa and/or admission

Spouse and Children

We can assist H-2A and H-2B workers’ spouses and unmarried children under 21 years of age to seek admission in H-4 nonimmigration classification. Family members are not eligible for employment in the United States while in H-4 status.


The H-2A attorneys at the Scott Law Firm are committed to helping clients from all walks of life enter into the United States in a legal manner and enjoy productive period of employment.

To learn more about the process of applying for an H-2A or H-2B visa or your immigration options in general, contact our immigration attorneys today.

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