How long does the H-2A or H-1B process take?
For the H-2A program (agriculture), the process typically takes 60–75 days, but it’s important to start early to avoid delays. The timeline includes:
- Job Order Filing with the State Workforce Agency (at least 60 days before the start date)
- Labor Certification through the Department of Labor (including domestic recruiting requirements)
- Petition Filing with USCIS (if needed)
- Consular Processing & Travel Coordination once workers are approved
We work closely with employers to develop a filing schedule, ensure timely document submission, and handle government correspondence. The earlier we begin, the smoother your season will go.
For the H-1B program (professional roles), the timeline depends on whether the candidate is part of the annual H-1B lottery or qualifies for cap-exempt status. Here’s a general breakdown:
H-1B Cap Season:
- Registration typically opens in March
- Lottery selection is announced by April
- Full petitions must be filed within 90 days of selection
- Approved candidates can begin work October 1
Because of this structure, preparation should begin several months in advance, ideally by December or January, to complete screenings, gather documentation, and coordinate with immigration counsel.
Cap-Exempt or Transfer Cases:
These can be processed year-round and often move faster
Timeline ranges from 2–6 months depending on petition type and USCIS processing speed (standard vs. premium)
In all cases, Hemisphere Talent Solutions provides timeline guidance, document checklists, and coordination with trusted immigration attorneys to ensure accuracy and efficiency. Early planning is critical for both visa types to reduce stress and maximize success.
Can you help with visa sponsorship even if we’ve never done it before?
Absolutely. In fact, many of our clients are first-time sponsors, and we’ve built our model to make the process as smooth and stress-free as possible.
Whether you’re considering H-2A (for seasonal agricultural workers) or H-1B (for skilled professionals), we guide you through every step with a clear, hands-on approach:
- Initial Consultation & Education
We start by helping you understand the visa program best suited to your needs. We’ll explain eligibility requirements, timelines, costs, and your responsibilities as an employer, so you feel confident from day one.
- Document Preparation & Filing Support
We help you gather and complete all required documentation, from job descriptions and wage data to housing inspections (for H-2A) and Labor Condition Applications (for H-1B). You won’t have to guess what comes next, we keep you on track.
- Immigration Attorney Partnership
We coordinate with experienced immigration attorneys who handle the legal filings, review your documents for compliance, and communicate directly with government agencies. You benefit from professional legal expertise without having to manage it yourself.
- Ongoing Support Through Approval
We manage the details from start to finish, including recruitment, petition submission, government responses (RFEs), consular processing, and travel or relocation logistics. We’ll be your point of contact the entire way, answering questions and keeping you informed.
- Post-Approval Onboarding & Compliance
Once approved, we help onboard your new employee and ensure you understand your employer responsibilities under the visa program, like wage compliance, recordkeeping, or visa renewals.
Many of our clients start with no prior visa experience. We turn a complex process into a clear, structured partnership, so you can access world-class talent without getting lost in red tape.
When can I file the H-2A application package?
To comply with federal requirements, a complete H-2A application must be submitted to the Department of Labor (DOL) at least 45 days before your workers are needed. However, before filing, your job order must be reviewed and approved by the State Workforce Agency (SWA), this step must occur between 75 and 60 days before your start date.
Don’t worry, Hemisphere Agricultural Solutions manages this entire process for you, ensuring timelines are met and documentation is filed correctly.
Who enforces the H-2A program?
Two agencies oversee H-2A compliance:
- The Wage and Hour Division (WHD) of the DOL ensures employers uphold their obligations to workers and may assess penalties for violations.
- The Employment and Training Administration (ETA) enforces broader program requirements and can impose sanctions for non-compliance.
Hemisphere Agricultural Solutions ensures your program remains compliant, helping you navigate DOL regulations and avoid costly enforcement actions.
How long should I keep H-2A documentation?
The DOL requires employers to retain the following records for three years after certification (or denial/withdrawal):
- Job orders and recruitment efforts
- Final recruitment reports
- Proof of contact with former U.S. workers
- Workers’ compensation insurance documentation
- Earnings records and signed contracts
- Supporting documentation for audits
Hemisphere Agricultural Solutions will maintain detailed records and provide ongoing guidance to keep your documentation audit-ready
What is the maximum length for an H-2A contract?
H-2A contracts can last up to 10 months. The work must be temporary or seasonal in nature.
We’ll help you structure your program to meet DOL definitions and optimize the duration of support you receive.
Do all agricultural employers qualify?
Not all operations qualify. For example:
- Year-round operations, such as dairy milking parlors, generally do not qualify.
- Service providers (like trucking companies that don’t produce crops) also don’t meet the program’s seasonal criteria.
Hemisphere Agricultural Solutions will assess your eligibility and guide you through qualifying if your operation meets seasonal labor requirements.
Where do your workers come from?
We recruit from South Africa, known for its highly skilled, English-speaking agricultural workforce.
Our team conducts thorough vetting, skills screening, and interview coordination to ensure you get the right match for your operation.
What is an H-2A visa?
The H-2A visa allows foreign nationals to enter the U.S. temporarily to perform seasonal agricultural work.
Hemisphere handles the entire visa process, from recruitment to embassy interviews, so you can focus on your farm.
When do I need to submit proof of workers’ compensation?
You’ll need to submit valid workers’ comp coverage before your labor certification is approved.
We’ll remind you when it’s due and include it in your application packet to avoid delays.
How many hours can H-2A employees work?
There is no legal limit under the Fair Labor Standards Act (FLSA) on how many hours per day or week employees aged 16+ can work.
This flexibility allows you to adapt schedules to the demands of each season.
Are pay stubs required?
While the FLSA doesn’t mandate pay stubs, you must maintain accurate wage and hour records.
We’ll help ensure your recordkeeping complies with federal standards.
Can an employee extend their stay on an H-2A visa?
Extensions are not employee-initiated. However, workers may transfer to a new certified employer without leaving the U.S., for up to 30 months total (three 10-month contracts).
We’ll help manage transitions or rehires if you want to bring the same worker back in future seasons.
Still have
Questions?
Contact Us to speak with our team and learn how Hemisphere can support your workforce goals.
