Can I upgrade from H-2A to EB-3 (immigrant)?

The transition from the H-2A visa, intended for temporary agricultural workers, to the EB-3, which is an immigrant visa category for skilled workers, professionals, and other workers, involves a change of status process and is not a simple ‘upgrade’.

In general, each category has specific requirements, and the EB-3 requires the employer to prove that there are no available American workers for a given position, in addition to demonstrating the need to hire a foreign worker, while the H-2A is a non-immigrant visa aimed at seasonal work.

Therefore, switching between these statuses implies the submission of new forms, fulfilling labor certification requirements, and, in many cases, undergoing an adjustment of status process if the applicant is already in the United States.

It is important to note that, to make this transition, the applicant must meet all EB-3 requirements, which may include proof of skills, professional experience, and, in certain circumstances, English proficiency exams or equivalents.

The process is complex and may vary case by case. It is essential to remember that each step of this process must be carried out in accordance with the laws and regulations established by the United States Citizenship and Immigration Services (USCIS).

To avoid surprises, a detailed analysis of your case should be conducted and guidance sought from reliable sources and professionals with specific knowledge in American immigration.

Following up with specialized lawyers or qualified consultants can help identify the best paths and avoid practices that do not comply with the law, such as promises of easy results or accelerated processes that, in practice, do not reflect the complexity of legal requirements.

In summary, although it is possible to migrate from H-2A to EB-3, the process requires that you meet all the criteria demanded for the immigrant visa, in addition to strictly following all United States immigration rules.

Prudence and consulting qualified professionals are fundamental steps to avoid scams and ensure that your rights and obligations are duly respected.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.