To qualify as an employer under the H-2A visa program, you must have an agricultural opening that is temporary or seasonal in nature. Furthermore, you must demonstrate that you cannot successfully fill the position with a U.S. worker. Rephrased, you must show that there are not enough U.S. workers in your location to meet your needs or apply for your job. If you have a genuine need for foreign laborers to meet the demands of your farm or ag business, then you can use the H-2A visa petition to obtain seasonal foreign laborers.
The H-2A visa is temporary and is normally valid for one year; however, an extension is possible. Extensions are given in one-year increments for a total of three years, and the H-2A visa can be extended twice. At the end of three years, the workers must return to their home country and stay for at least three months before they can again obtain an H-2A visa.