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Understanding The Portability Of Seasonal Workers

Understanding The Portability Of Seasonal Workers

Portability under the H-2A visa program refers to a provision that allows H-2A agricultural workers to change employers more easily—without having to leave the United States or go through the full visa application process again. Thanks to our friends at Bolour / Carl Immigration Group, APC for highlighting these key benefits and requirements.

This flexibility was introduced as part of recent modernization efforts to protect workers and improve employer access to labor. It is similar in concept to H-1B portability, which allows skilled workers to move between jobs while maintaining valid status.

What Is H-2A Portability?

Portability allows an H-2A worker to begin employment with a new, certified H-2A employer immediately, once:

  1. The new employer has a valid, approved H-2A Labor Certification (ETA-790)
  2. The new employer has filed a non-frivolous Form I-129 with USCIS requesting to hire the same H-2A worker
  3. USCIS issues a receipt notice confirming that it has received the petition

The worker can start working for the new employer as soon as the receipt is issued, rather than waiting for final approval.

Benefits Of H-2A Portability

For Workers

Better job mobility

Reduced risk of labor abuse

No need to depart the U.S.

Legal work status preserved

For Employers

Faster access to experienced workers

Less downtime in labor shortages

Avoids repeat onboarding or delays

Improves compliance flexibility

Legal Basis

  • Introduced under temporary regulatory changes during COVID-19 and incorporated into permanent regulations in the DHS Final Rule (January 2025) modernizing the H-2A/H-2B programs
  • Codified under 8 CFR § 214.2(h) and supported by the Department of Labor (DOL) and USCIS

Key Requirements

  • New employer must be H-2A certified
  • Worker must still be in valid H-2A status
  • I-129 must be filed before current work authorization expires
  • No gap in lawful status is allowed between employment periods

If you need help forging a path forward, reach out to an immigration lawyer for guidance.