H-2A Temporary Agricultural Workers
The H-2A visa program allows U.S. employers to bring foreign workers to the United States to fill temporary agricultural jobs. The program is administered by the U.S. Departments of Labor (DOL), Homeland Security (DHS), and State (DOS).
The H-2A visa program enables U.S. agricultural employers to bring foreign workers into the country on a temporary basis to fill jobs for which there are not enough domestic workers available. Employers must demonstrate this need and guarantee certain conditions for these workers, including adequate wages, housing, and transportation. The program is designed to support American agriculture while also protecting the rights of both domestic and foreign workers.
Addressing Seasonal Workforce Gaps
Farmers and agribusiness owners across the United States face growing difficulties finding dependable seasonal labor. When peak periods demand more hands than the local workforce can provide, essential operations like planting, harvesting, and livestock care are at risk. These disruptions can lead to severe financial losses and missed production goals.
The H-2A visa program allows agricultural employers to hire foreign workers during these critical periods. Still, the application process involves strict timelines, federal filings, and proof of labor shortages, which can overwhelm even the most experienced operators. Having clear guidance is crucial when so much depends on seasonal timing.
Our firm helps clients manage every phase of the H-2A visa process, from labor certifications to compliance with federal housing and wage rules. Backed by years of immigration law experience, we work with farms, greenhouses, and producers nationwide to keep operations fully staffed without regulatory setbacks.
Purpose
- H-2A Visas provide agricultural employers a legal means to hire foreign workers when domestic labor is insufficient.
- To protect the wages and working conditions of both foreign and domestic workers.
Requirements for Employers
- Labor Certification: Employers must first obtain a temporary labor certification from the DOL, demonstrating that:
- There are not enough U.S. workers able, willing, and qualified to do the temporary work.
- Employing foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
- Petition with USCIS: Once certified by the DOL, employers file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).
- Guarantees: Employers must provide certain guarantees to H-2A workers, including:
- Payment of at least the applicable minimum wage, prevailing wage, or adverse effect wage rate (AEWR), whichever is highest.
- Free housing.
- Workers’ compensation insurance.
- Transportation to the worksite.
- A guarantee of employment for at least 75% of the work contract period.
Requirements for Workers
- Job Offer: Workers must have a bona fide job offer from a U.S. employer.
- Workers must be citizens of eligible countries, as designated by the Secretary of Homeland Security with the concurrence of the Secretary of State.
- Visa Application: Workers must apply for an H-2A visa at a U.S. embassy or consulate abroad.
Key Features
- Temporary: The H-2A visa is temporary, generally limited to the length of the work contract, which cannot exceed one year.
- Seasonal: The work must be seasonal or temporary in nature.
- Agricultural: The work must be agricultural in nature, generally defined as the cultivation and harvesting of crops, or the raising of livestock.
Understanding the H-2A Visa Process for Employers
Labor Certification and Job Qualification
First, employers must obtain a temporary labor certification from the U.S. Department of Labor. This step confirms that no available U.S. workers can fill the job and that hiring foreign workers will not undercut local wages. The job must be temporary or seasonal and fall within the agricultural sector.
Certification requires a detailed job order outlining duties, wages, duration, and work locations. Employers must also list efforts made to recruit U.S. workers. Missing or incomplete information can result in processing delays or denials, so accuracy in the initial documentation is essential.
Filing the Petition and Meeting USCIS Requirements
Once the labor certification is approved, employers must submit Form I-129 to U.S. Citizenship and Immigration Services (USCIS). This petition establishes the employer’s legal request to bring foreign workers into the U.S. for a certified agricultural job.
Documentation must include proof of business operations, financial stability, and the job details approved by the Department of Labor. If USCIS issues a Request for Evidence (RFE), responses must be prompt and thorough to avoid petition denial. Employers often work with an H-2A attorney to ensure filings are correctly submitted and tracked.
Ensuring Housing, Transportation, and Wage Compliance
Employers who participate in the program must meet several worker protection standards. This includes providing free housing that meets OSHA and local safety standards, paying the highest AEWR, prevailing wage, or federal/state minimum wage, and offering transportation to and from the worksite.
Employers must also guarantee employment for at least 75% of the contracted work period and provide meals or kitchen access. Government agencies monitor these obligations, which can be subject to audits. Staying compliant helps employers avoid penalties and maintain eligibility for future H-2A hiring cycles.
Visa Application and Worker Eligibility
After the employer receives USCIS approval, foreign workers must apply for the H-2A visa at a U.S. consulate. To qualify, workers must be citizens of eligible countries designated by the Department of Homeland Security. They must also present a valid job offer and pass security screenings.
The visa is valid for the length of the work contract, typically up to 10 months. Renewals or extensions are sometimes allowed, though the total stay cannot exceed three years. The process for visa issuance includes an in-person interview and biometric checks to ensure eligibility and security compliance.
Frequently Asked Questions
How long does the H-2A visa process typically take?
The process from filing to visa issuance can take 60 to 90 days, depending on application volume, consular scheduling, and agency processing times.
Can employers request the same workers each season?
Yes, returning workers are allowed if all application and approval steps are followed for each new season and the worker remains eligible.
What types of jobs qualify under the H-2A visa?
Jobs must be seasonal or temporary and involve agricultural duties such as planting, cultivating, harvesting, or livestock care.
Are small family farms eligible for the program?
Yes. Farms of all sizes can participate if they meet the program requirements and submit the necessary paperwork accurately and on time.
Get Help with Your H-2A Visa Application
If you’re an agricultural employer facing seasonal labor shortages, The Bernard Firm is ready to help you confidently navigate the H-2A visa process. From labor certifications to compliance and petition filings, we provide experienced legal support tailored to your operation’s needs. Call or message us today to discuss your goals, ask questions, or begin the application process. We’re here to ensure your workforce remains strong and your business stays on track.