H-2A Visa Attorney Houston — Temporary Agricultural Worker Petitions
Board-Certified Immigration Attorney | 45+ Years | (713) 527-9606 | H-2A for Seasonal Agricultural Employers
Adan G. Vega is Board-Certified by the Texas Board of Legal Specialization. Fewer than 1% of Texas attorneys hold that distinction. Our Houston immigration law firm has helped agricultural employers file H-2A visa petitions for over 45 years. We handle the DOL ETA-9142A application, USCIS I-129, housing compliance, AEWR documentation, and transportation requirements. Call an H-2A visa attorney Houston employers trust: (713) 527-9606.
H-2A Petition Complexity Can Derail Your Season
The H-2A program ties your agricultural season to hard deadlines. Miss even one, and your workers cannot arrive on time. Agricultural employers must file a job order with the State Workforce Agency 75 days before their need date. The DOL ETA-9142A application must go in no later than 60 days before the season start. An experienced H-2A attorney in Houston tracks every step for you.
Beyond the deadlines, AEWR compliance requires paying the adverse effect wage rate every DOL sets annually. Employers must also provide free housing and transportation to all H-2A workers. DOL audits can halt an entire H-2A application when records are incomplete. Country eligibility matters too — workers must come from DOL-designated countries. Learn more from the USCIS H-2A agricultural worker program page.
What an H-2A Visa Attorney Houston Employers Rely On Actually Does
An H-2A visa attorney in Houston manages every layer of the petition process. We open your case by filing the SWA job order at least 75 days before you need your agricultural workers. That job order advertises the position to U.S. workers first, as DOL requires. We track the 30-day intrastate and 14-day interstate posting windows for every H-2A application. Our Houston attorney team documents all U.S. worker applications your business receives.
After the job order period closes, we prepare and file your DOL ETA-9142A application. That application includes your job order number, AEWR wage rate, housing plan, transportation plan, and the number of H-2A workers needed. DOL reviews the ETA-9142A within approximately 30 days. If DOL audits your application, your Houston H-2A attorney responds right away. We then file the USCIS I-129 petition using the DOL certification. Our H-2A visa attorney Houston services include:
- DOL ETA-9142A preparation and filing for seasonal agricultural employers
- SWA job order coordination and U.S. worker recruitment documentation
- Housing and transportation compliance review for H-2A worker requirements
- USCIS I-129 filing and H-2A visa consular appointment coordination
We also serve employers who need a Houston business immigration lawyer for other temporary worker categories.
H-2A Legal Services for Agricultural Employers in Houston
H-2A DOL Application and SWA Job Order
The H-2A process starts with the SWA job order. Your Houston H-2A attorney files the job order 75 days before your agricultural need date. The job order sets the wage at or above the current AEWR. It describes the housing and transportation you will provide to H-2A workers. We monitor the U.S. worker recruitment period and document every result. Then we file the DOL ETA-9142A application with a complete housing plan, AEWR certification, and job order confirmation. DOL certification unlocks the USCIS I-129 petition for your H-2A visa case.
H-2A USCIS I-129 Petition Filing
After DOL certifies your H-2A application, we file the USCIS I-129 petition. The I-129 is the formal H-2A visa petition naming each agricultural worker. Your Houston attorney prepares the full petition package — DOL certification, job order records, housing documentation, and employer support letters. USCIS processes the I-129 and notifies each consulate where H-2A workers will apply. We track every H-2A visa case from USCIS approval through the consular appointment stage.
Housing and Transportation Compliance
H-2A law requires employers to provide free housing to every agricultural worker in the program. That housing must meet DOL and state health inspection standards. Your Houston H-2A attorney reviews your housing plan before we file the ETA-9142A. We help you document the housing location, capacity, and inspection results. Transportation rules also apply — H-2A employers must pay or reimburse the cost of workers’ travel to and from the worksite. Inbound and outbound transportation costs are part of every H-2A employer’s obligations under the temporary visa program.
H-2A Worker Entry and Status Maintenance
Once USCIS approves the I-129, H-2A workers apply for their visa at a U.S. consulate. Your Houston attorney coordinates consular appointment timing with your agricultural need date. When workers enter the U.S., we track their I-94 arrival records and visa validity dates. H-2A workers are temporary — their status is tied to the certified period of agricultural need. We send reminders before each H-2A visa expiration date. If your season ends early, we file the required USCIS departure notification on time.
H-2A Extensions and New Petitions
Many agricultural employers bring back H-2A workers every season. If you need the same workers next year, we file a new H-2A visa petition based on your updated need date. We also file H-2A extensions when your season runs longer than expected. Your Houston H-2A attorney keeps records from prior seasons, which speeds up each new ETA-9142A filing. If your operation also employs temporary non-agricultural workers, ask about the H-2B visa attorney in Houston services our firm provides.
What Houston Agricultural Employers Say About Our H-2A Visa Services
“Adan Vega’s team handled our H-2A visa case from start to finish. They met every DOL and USCIS deadline without fail. The ETA-9142A application, the I-129, the housing review — all completed correctly. I never worried about our seasonal agricultural workers arriving late. Their attorney explained every H-2A step in both English and Spanish. We were completely satisfied with the process and the results.”
— Hubert Mura
Our firm holds a 4.8-star rating across 442 reviews. Houston agricultural employers have trusted us with their H-2A visa petitions for over 45 years. Our H-2A attorney team serves clients in both English and Spanish. That means we communicate directly with your agricultural workers, your managers, and your consultants in the language that works best for your operation.
Ready to start your H-2A visa case? Call an H-2A visa attorney Houston employers rely on: (713) 527-9606.
How an H-2A Visa Attorney in Houston Handles Your Case
The H-2A process runs on a fixed timeline. Every step links to the one before it. Here is how an H-2A visa attorney in Houston moves your agricultural worker petition from opening to season start.
Step 1 — SWA Job Order, 75 Days Out. Your Houston H-2A attorney files the job order with the State Workforce Agency 75 days before your agricultural need date. The job order describes the work, the AEWR wage, the housing plan, and the transportation you offer H-2A workers. DOL uses the job order to confirm you tried to recruit U.S. workers first. The job order number connects directly to your future ETA-9142A filing.
Step 2 — U.S. Worker Recruitment Period. Once the SWA job order goes live, your H-2A attorney monitors the 30-day intrastate posting window. A 14-day interstate posting period follows. Your attorney documents every application, interview, and rejection result. This recruitment record goes into the DOL ETA-9142A application as required evidence. If a U.S. worker accepts the position, the H-2A agricultural worker count adjusts accordingly.
Step 3 — DOL ETA-9142A Filing, 45 Days Out. Your Houston H-2A attorney files the ETA-9142A with DOL no later than 45 days before your need date. This application includes the job order number, the AEWR wage rate, the number of H-2A agricultural workers needed, and your housing and transportation plan. The ETA-9142A must be complete — any missing field triggers a DOL request for more information and delays your H-2A visa case.
What Your H-2A Attorney Prepares for the DOL Application
The DOL ETA-9142A package is more than a single form. Your H-2A attorney assembles the full job description, AEWR wage documentation, housing inspection results, and transportation plan. We include the SWA job order confirmation and the complete U.S. worker recruitment record. DOL requires your employer identification number, FEIN, and Houston business address in the H-2A application. We certify the number of temporary agricultural workers needed and the precise period of seasonal need. Review the DOL H-2A application requirements page for the full list of required documents.
Step 4 — DOL Certification or Audit. DOL typically certifies the ETA-9142A within 30 days of the 45-day filing date. If DOL audits your H-2A application, your Houston attorney responds to every information request without delay. A certified ETA-9142A is the authorization your attorney needs to file the USCIS I-129 petition and move your H-2A visa case forward.
Step 5 — USCIS I-129 Filing. After DOL certifies your H-2A application, your Houston attorney prepares the I-129 petition package. The I-129 names each H-2A agricultural worker and states the authorized period of employment. We attach the DOL certification, the job order, AEWR documentation, and housing records. USCIS processes the I-129 and notifies the relevant U.S. consulates where workers will apply for their H-2A visa.
Step 6 — Consular H-2A Visa Application. Each H-2A agricultural worker applies for their temporary visa at a U.S. consulate in their home country. Your Houston attorney coordinates the timing of those consular appointments with your seasonal need date. Workers attend a visa interview and receive their H-2A visa stamp. Consular processing times vary by country and post volume, so your attorney plans accordingly.
Step 7 — Agricultural Workers Enter the U.S. H-2A workers enter the U.S. under their temporary agricultural worker visa. Your Houston attorney tracks I-94 arrival records for each worker. We confirm each H-2A worker’s authorized stay aligns with the certified period of seasonal need. Workers begin agricultural employment on the start date listed in the DOL ETA-9142A certification.
Step 8 — Season End and USCIS Notification. When the H-2A season ends, agricultural workers return to their home country. Your Houston H-2A attorney files a timely notification with USCIS confirming each worker’s departure from the U.S. This step protects your business from future compliance issues. We also begin planning the next H-2A visa petition if your seasonal agricultural operation runs annually.
What Agricultural Employers Must Know About H-2A
The 75-Day and 45-Day H-2A Deadlines — Why They Matter
H-2A has two filing deadlines, and both are hard stops. The SWA job order must go in 75 days before your agricultural need date. The DOL ETA-9142A must follow no later than 45 days before that same date. Miss the 75-day window and DOL rejects the H-2A application outright. Miss the 45-day window and your seasonal workers cannot arrive in time. Your Houston H-2A attorney builds a reverse calendar from your agricultural need date and starts work 90 days out — not 45.
The AEWR — What You Must Pay H-2A Workers
The AEWR is the adverse effect wage rate. DOL sets the AEWR annually for each state. Texas H-2A employers must pay temporary agricultural workers at least the current Texas AEWR — no exceptions. The AEWR rate is published each January and applies to every H-2A worker you bring to Houston and surrounding areas. If the AEWR rises between your ETA-9142A filing and your season start, your Houston attorney updates your wage documentation. Underpaying H-2A workers triggers DOL enforcement and future visa petition denials. See current rates at DOL agricultural worker wage regulations.
Pro Tip: Set your H-2A wage offer at or above the AEWR when you file the ETA-9142A. The AEWR can increase mid-season. Your Houston H-2A attorney advises you on whether a wage rate amendment is required for your visa case.
Common Mistake: Many Houston employers calculate their AEWR obligation from the prior year’s rate. DOL publishes updated AEWR figures every year. Your H-2A attorney checks the current Texas rate before every ETA-9142A application goes out.
H-2A Housing Requirements — What Employers Must Provide
H-2A employers must provide free housing to every temporary agricultural worker in the program. That housing must meet DOL standards and pass a state inspection before the H-2A season starts. Your Houston attorney reviews your housing plan during ETA-9142A preparation. Acceptable housing includes employer-owned facilities, rental units, or dormitory-style accommodations that meet federal standards. DOL inspectors verify square footage, sanitation, fire safety, and kitchen access at every H-2A housing site. If your housing fails inspection, DOL will not certify your H-2A visa application. Free transportation between the housing site and the agricultural worksite is also required.
Which Countries Can Provide H-2A Workers?
DOL publishes a list of countries eligible to send H-2A agricultural workers to the U.S. Mexico, Guatemala, El Salvador, and Honduras are among the most common H-2A source countries for Houston area employers. DOL can add or remove countries from the designated list at any time. Your Houston H-2A attorney checks country eligibility before naming any worker on the ETA-9142A application. Workers from non-designated countries require special DOL approval that can delay your H-2A visa petition by weeks.
“H-2A employers face three simultaneous deadlines — the SWA job order, the DOL application, and the USCIS petition. Missing any one delays your season. So an H-2A visa attorney in Houston builds a filing calendar for your specific need date and starts 90 days out — not 45.”
— Adan G. Vega, Board-Certified Immigration Attorney
H-2A Visa Attorney Houston — Frequently Asked Questions
How much does an H-2A visa attorney in Houston cost?
H-2A attorney fees in Houston vary by employer size and worker count. Most H-2A visa attorney Houston firms charge a flat fee per petition covering the DOL ETA-9142A and USCIS I-129 filing. Additional fees may apply for housing compliance review, DOL audit responses, or H-2A visa extensions. Call our Houston office at (713) 527-9606 to discuss your H-2A case and receive a fee estimate for your specific agricultural operation.
How long does an H-2A visa petition take?
The H-2A process takes a minimum of 75 days from the SWA job order to your agricultural workers’ arrival. DOL processes the ETA-9142A in approximately 30 days after the 45-day filing date. USCIS I-129 processing adds additional time. Consular H-2A visa appointment availability varies by country and season. Your Houston H-2A attorney builds a full timeline from your need date backward, beginning work 90 days before your temporary agricultural workers must arrive.
How do I choose a qualified H-2A attorney?
Choose an H-2A attorney with Board Certification in immigration law. Fewer than 1% of Texas lawyers earn Board Certification from the Texas Board of Legal Specialization. Board Certification requires a written exam, peer references, and demonstrated H-2A immigration experience. Adan G. Vega holds Board Certification and has handled H-2A visa petitions for Houston agricultural employers for over 45 years. Confirmed experience with DOL audits, AEWR compliance, housing inspections, and ETA-9142A filings is what separates a true H-2A lawyer from a general immigration attorney.
What types of agricultural work qualify for H-2A?
H-2A covers temporary or seasonal agricultural work of all types. Crop cultivation, harvesting, planting, irrigation, and livestock operations all qualify. Nursery work, greenhouse labor, and farm maintenance are also eligible for the H-2A visa program. The work must be seasonal in nature — tied to growing cycles or harvest windows. Year-round agricultural positions generally do not qualify for H-2A temporary worker status. Your Houston H-2A attorney reviews your job description to confirm eligibility before filing the ETA-9142A with DOL.
What wage must I pay H-2A temporary agricultural workers?
H-2A employers must pay the AEWR or the applicable prevailing wage, whichever is higher. DOL sets the Texas AEWR each year. The AEWR applies to every H-2A temporary agricultural worker from the first day of employment. Houston employers who pay below the AEWR face DOL enforcement, debarment from future H-2A visa filings, and potential visa petition denials. Your H-2A attorney documents AEWR compliance in every ETA-9142A application and confirms the current rate before filing.
What housing must I provide H-2A agricultural workers?
H-2A employers must provide free housing to all temporary agricultural workers in the program. Housing must meet federal and state standards and pass a DOL inspection before your season starts. If your housing fails the inspection, DOL will not certify your H-2A application or grant ETA-9142A approval. Houston employers can use their own facilities, rental properties, or approved commercial housing that satisfies DOL standards. Your H-2A attorney reviews your housing plan and helps you prepare for the DOL housing inspection. Free transportation between housing and the worksite is also required under H-2A rules.
Can H-2A workers stay in the U.S. year-round?
No. H-2A workers are temporary. Their visa status is tied to the certified period of seasonal agricultural need in the DOL ETA-9142A. The maximum continuous H-2A visa period is three years, but employers must re-petition when each certified period ends. H-2A is not a path to permanent residence. If your Houston agricultural operation needs year-round workers, other visa categories may apply. Your H-2A attorney can evaluate your specific operation and advise on the right temporary worker program for your needs.
What happens if DOL audits my H-2A application?
DOL audits H-2A applications when the ETA-9142A appears incomplete or inconsistent. A DOL audit pauses your application processing. Your Houston H-2A attorney responds to every audit request immediately, providing supplemental documentation on housing, transportation, AEWR wages, and U.S. worker recruitment results. A thorough ETA-9142A prepared by an experienced H-2A lawyer reduces your risk of a DOL audit. Our H-2A attorney reviews every application before it leaves our Houston office to catch potential issues before DOL flags them.
Which countries can send H-2A agricultural workers?
DOL maintains a designated country list for H-2A visa eligibility. Common source countries for Houston area employers include Mexico, Guatemala, El Salvador, Honduras, and Jamaica. Workers must hold citizenship in a designated country to qualify for an H-2A agricultural worker visa. DOL updates the eligible country list periodically, and removals from the list affect pending H-2A petitions. Your Houston H-2A attorney verifies country eligibility before naming any worker in your ETA-9142A application. Workers from non-listed countries require special DOL approval that may delay your seasonal filing.
How do I start an H-2A visa case with your Houston office?
Call an H-2A visa attorney Houston agricultural employers trust at (713) 527-9606. We review your operation, your agricultural need date, and your housing situation. We then build a filing calendar and begin the SWA job order 75 to 90 days before your seasonal start. The sooner you call, the more time we have to prepare a complete and accurate H-2A visa petition for your temporary agricultural workers. Our Houston attorney team serves all clients in both English and Spanish.
H-2A Visa Legal Services Across the Houston Metro
Texas ranks among the top states in H-2A visa usage. Houston area agricultural employers include farms, nurseries, ranches, and greenhouse operations across a broad region. Our H-2A visa attorney in Houston handles petitions for employers throughout the metro. We regularly file H-2A applications for seasonal agricultural operations in Waller County, Fort Bend, Brazoria, and Galveston. Each county brings its own agricultural workforce needs and seasonal employment patterns.
Houston sits at the center of a large and active agricultural region. Waller County farms and nurseries depend on H-2A temporary agricultural workers every season. Fort Bend ranches and row crop operations file H-2A visa petitions with our Houston attorney team year after year. Brazoria and Galveston county employers call our office at (713) 527-9606 to start their H-2A cases before the seasonal deadline. Our H-2A attorney has built working relationships with local SWA offices and DOL housing inspectors across the region.
Whether your Houston area operation grows ornamental plants, harvests rice, raises cattle, or runs a seasonal nursery, our H-2A visa attorney knows the DOL ETA-9142A requirements for your industry. We file H-2A petitions for employers of all sizes — from small family farms to multi-location agricultural operations. Call (713) 527-9606 to speak with an H-2A visa attorney Houston area employers have relied on for 45 years.
H-2A Visa — Quick Reference
An H-2A visa is a temporary, non-immigrant visa for seasonal agricultural workers. The U.S. employer petitions DOL and USCIS to bring foreign workers when qualified U.S. workers are not available. The H-2A visa covers work that is temporary or seasonal in nature. Employers must pay the AEWR, provide free housing and transportation, file the DOL ETA-9142A, coordinate the SWA job order, and meet all DOL compliance requirements. An H-2A visa attorney in Houston manages this entire process from start to season end.
Schedule Your H-2A Visa Review Today
Call an H-2A visa attorney Houston agricultural employers have relied on for over 45 years. Adan G. Vega and Associates holds Board Certification from the Texas Board of Legal Specialization. We handle your DOL ETA-9142A, SWA job order, USCIS I-129, housing compliance, AEWR wage documentation, and H-2A worker visa coordination from our Houston office. Call (713) 527-9606 or schedule your H-2A visa review online today. Our office is at 122 Tuam St Ste 200, Houston, TX. We serve agricultural employers in English and Spanish.