If you want to work in the United States temporarily as a nonimmigrant, under U.S. immigration law, you need a specific visa based on the type of work you will be doing. Most temporary worker categories require that your prospective employer or agent file a petition, which must be approved by the U.S. Citizenship and Immigration Services (USCIS) in the United States before you can apply for a work visa.
All applicants for H-2A visa must have a petition approved on their behalf by USCIS. The petition, Form I-129, must be approved before you can apply for a work visa at the Embassy. When your petition is approved, your employer or agent will receive a Notice of Action, Form I-797, which serves as your petition's approval notification. The consular officer will verify your petition approval through the Department of State's Petition Information Management Service (PIMS) during your interview.
You must bring your I-129 petition receipt number to your interview at the Embassy in order to verify your petition's approval. Please note that approval of a petition does not guarantee issuance of a visa if you are found to be ineligible for a visa under U.S. immigration law.
Visa Descriptions and Qualifications
An H-2A visa allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs for which U.S. workers are not available. An H-2A nonimmigrant classification applies to you if you seek to perform agricultural labor or services of a temporary or seasonal nature in the United States on a temporary basis. A U.S. employer (or an association of U.S. agricultural producers named as a joint employer) must file a Form I-129, Petition for Nonimmigrant Worker, on your behalf.
When to Apply
The U.S. Embassy/Consulate may process your H-2A visa application up to 90 days prior to the beginning of employment status as noted on your I-797. However, when making your travel plans, please note that due to Federal regulations, you can only use the visa to apply for entry to the United States starting ten days prior to the beginning of the approved status period noted on your I-797.
If you apply for an H-2A visa, you must submit the following:
- A Nonimmigrant Visa Electronic Application (DS-160) Form. Visit the DS-160 webpage for more information about the DS-160
- A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in your passport, each person desiring a visa must submit an application.
- One (1) 2"x2" (5cmx5cm) photograph. This page has information about the required photo format.
- If you are an L-1 applicant on a blanket petition, you must pay a fraud prevention and detection fee.
- The receipt number printed on your approved I-129 petition. Paper copies of the I-797 are not required at the interview.
- In addition to these items, you must present an interview appointment letter confirming that you booked an appointment through this service. You may also bring whatever supporting documents you believe support the information provided to the consular officer.
How to Apply
Step 1. Pay the visa application fee.
Step 2. Complete the Nonimmigrant Visa Electronic Application (DS-160) form.
Step 3. Schedule your appointment on this web page. You will need three pieces of information in order to schedule your appointment:
- Your passport number
- Your MRV fee payment receipt number
- The ten (10) digit barcode number from your DS-160 confirmation page
Step 4. Visit the U.S. Embassy/Consulate on the date and time of your visa interview. You will need to bring a printed copy of your appointment letter, your DS-160 confirmation page, one recent photograph, your current passport and all old passports. Applications without all of these items will not be accepted.
Supporting documents are only one of many factors a consular officer will consider in your interview. Consular officers look at each application individually and consider professional, social, cultural and other factors during adjudication. Consular officers may look at your specific intentions, family situation, and your long-range plans and prospects within your country of residence. Each case is examined individually and is accorded every consideration under the law.
Caution: Do not present false documents. Fraud or misrepresentation can result in permanent visa ineligibility. If confidentiality is a concern, you should bring your documents to the U.S. Embassy/Consulate in a sealed envelope. The U.S. Embassy/Consulate will not make your information available to anyone and will respect the confidentiality of your information.
You should bring the following documents to your interview. Original documents are always preferred over photocopies and you must bring these documents with you to the interview. Do not fax, email or mail any supporting documents to the U.S. Embassy/Consulate.
- Evidence that establishes your job qualifications, including any university diplomas.
- Original letters (and/or Russian employment book) from current and previous employers detailing your position and projects you worked on and how long you worked with your employers.
If you are currently working and holding an H-1B visa, please submit your pay slips for the current calendar year and your Federal tax returns (IRS Form 1040 and W-2) for all the years in which you have been employed in the United States. You should bring:
- pay slips from your current or most recent place of employment
- the names and current phone numbers of the personnel managers at your present and previous places of employment
- your resume or CV
Your dependents should bring all required documents for any nonimmigrant visa, plus:
- an original marriage (for your spouse) and/or birth certificate (for unmarried children under 21), as applicable
- a letter from your spouse's employer confirming his/her continued employment
- if your spouse is currently working in the United States on an H1-B visa, his/her pay slips for the current calendar year and federal tax returns (IRS Form 1040 and W-2s) for all the years in which he/she has been employed in the United States on the H-1B visa