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The US government maintains some legal pathways for the arrival of foreign workers. One of the most important is the H-2A visa, a permit that allows agricultural companies to hire temporary labor from other countries to fill vacancies that cannot be filled by local workers.
Recently, the Department of Homeland Security (DHS) announced changes aimed at streamlining the processing of this visa, a measure that benefits both agricultural sector employers and thousands of migrants seeking a legal job opportunity in the United States.
¿Qué es la visa H-2A?
The H-2A visa is designed for temporary or seasonal agricultural workers. Through this program, US employers can hire foreign citizens to perform field labor when there is not enough available labor within the country.
To access the program, employers must demonstrate that:
The work is temporary or seasonal.
There are not enough qualified and available US workers to perform those tasks.
The hiring of foreigners will not negatively affect the wages or working conditions of local workers.
This scheme has become a fundamental tool for sustaining US agricultural production, especially in activities that require a large number of workers during certain seasons of the year.
El cambio que acelera la contratación
The new rule, which went into effect on October 2, 2025, modifies the traditional procedure for requesting workers through the H-2A visa.
Previously, employers had to wait for the Department of Labor to approve the Temporary Labor Certification before initiating the immigration process with USCIS. Now, companies will be able to begin part of the process in advance.
With the modification, USCIS will be able to begin analyzing certain applications before the labor certification is fully concluded. Although the petition cannot be approved until the labor requirement is authorized, this measure significantly reduces waiting times and allows for faster hiring.
In addition, the new Form I-129H2A was implemented, which must be submitted exclusively online for certain cases. Applications sent in physical format will be rejected when this new electronic version should be used.
Los migrantes que sí tienen una vía legal para trabajar
Amid stricter immigration policies, this program has become one of the main alternatives for those who wish to enter the United States legally for work purposes.
As explained by Matthew Tragesser, a spokesperson for USCIS, when migrants choose legal channels to work in the country, law enforcement is strengthened, companies are helped to meet their staffing needs, and greater protection is provided to the workers themselves.
The statement reflects the interest of the authorities in promoting regulated labor migration mechanisms, especially in sectors where there is a constant need for labor.
¿Qué trabajos pueden realizarse con la visa H-2A?
Beneficiaries of this visa can perform various agricultural activities, including:
- Cosecha de frutas.
- Poda y mantenimiento de árboles frutales.
- Cultivo de verduras y hortalizas.
- Trabajos en campos de cereales.
- Producción y recolección de nueces.
- Fertilización y preparación de terrenos.
- Actividades relacionadas con el cultivo de tabaco.
- Operación y mantenimiento de invernaderos.
These are jobs that usually require considerable physical effort, long working hours, and outdoor work under different weather conditions.
¿Quiénes pueden solicitar la visa H-2A?
Citizens of more than 80 countries are eligible for this program, including:
Mexico.
- Guatemala.
- Honduras.
- El Salvador.
- Colombia.
- Perú.
Among the main requirements are:
Be a citizen of an authorized country.
Have a job offer from a US employer participating in the program.
Have a valid passport.
Complete the corresponding application.
Pay the $205 consular fee.
Cómo obtener la visa H-2A de Estados Unidos
The process generally follows these steps:
The employer requests a Temporary Labor Certification from the Department of Labor.
Once obtained, they file the immigration petition with USCIS.
The worker goes to a US embassy or consulate to apply for the visa.
If approved, they can appear at a port of entry to request entry into the country.
It is important to remember that the H-2A visa is tied to the employer who filed the petition. Therefore, working for another company without prior authorization from immigration authorities can lead to legal problems and even the loss of immigration status.
¿Dónde buscar vacantes seguras?
Authorities recommend that interested parties consult offers directly on official US government platforms to avoid fraud and false job promises.
An alternative is to check the ads posted by the US Department of Labor, where it is possible to find agricultural vacancies associated with the H-2A program and verify that the employers are registered within the legal system.
For thousands of Latin American workers, especially Mexicans, the H-2A visa continues to be one of the main gateways to the US labor market, offering a legal alternative to work temporarily in key sectors of the US economy.
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