What Ag Employers Need to Know About Hiring In-Country H-2A Program Workers
The H-2A Visa Program is essential for filling the domestic farm labor shortage that most American farms and ag businesses face. Many H-2A employers are accustomed to hiring out-of-country foreign workers—and this option makes sense when planning for your seasonal needs well in advance of the start date. But there are scenarios where hiring an in-country worker may be a better option.
It’s estimated that only about 5 - 10% of H-2A workers are in-country transfers but the demand is growing as more and more ag operations discover the advantages. For USA Farm Labor, 17.8% of worker placements were in-country transfers and 9.2% were in-country rollovers in 2025.
Why the percentage is still relatively small
Even though transfers have become more common in the past several years, most H-2A workers are still sourced abroad because:
Most employers build their workforce months before their season starts
Workers generally stay with their original employer until that contract ends
Transfer opportunities depend on other employers having workers become available at the right time and in the right geographic area
Many employers prefer experienced, returning workers who come back to them each season
Why H-2A in-country transfers are growing
Rather than replacing traditional out-of-country sourcing, H-2A in-country labor transfers are becoming a valuable H-2A workforce management tool that can help address specific, more immediate shortages—often during mid- to late-season.
What exactly is an H-2A Program in-country worker transfer?
Think of an H-2A Program worker transfer as hiring an experienced seasonal employee who is already legally working in the U.S. under the H-2A Visa Program. Instead of bringing in a new worker from another country, you're hiring an already-authorized H-2A Program worker through your approved Job Order. In-country transfers can reduce hiring timelines but still require adherence with all H-2A compliance regulations.
The H-2A in-country worker transfer process generally works like this:
The new employer has an approved H-2A job opening. The position must meet all H-2A requirements, including wages, housing, transportation, and recruitment obligations.
The worker expresses interest in transferring.The decision to transfer belongs to the worker—they can’t be compelled to leave their current employer. USA Farm Labor and most reputable agencies have transfer policies in place that require the worker to speak with their existing H-2A Program employer to inform them and their recruiter of their intentions to transfer to a new employer.
The new employer files the necessary paperwork.This includes the required Temporary Labor Certification and petition with the appropriate government agencies.
Once authorized, the worker transitions to the new employer. As soon as the transfer petition is submitted online to the U.S. Citizenship and Immigration Services (USCIS), the worker is only legally allowed to work at the new employer (even prior to approval).
The advantages of H-2A Program in-country transfers
Transferring H-2A in-country workers can benefit ag employers participating in the H-2A Visa Program by allowing them to:
Shorten the hiring timeline—Workers are already in the U.S., reducing the time associated with international recruitment and travel
Hire experienced H-2A workers—Many transferred workers have already worked in U.S. agriculture, so they already understand employer expectations, safety practices, and H-2A Program rules
Fill unexpected labor gaps—Transfers can help maintain productivity when crops mature earlier than expected, weather changes harvest schedules, or domestic workers are unavailable
Simplify travel logistics—International travel delays, airport pickups, and consular bottlenecks may be minimized or eliminated
Potentially lower travel costs—Employers may spend less on travel-related expenses
Increase workforce flexibility—Transfers can be helpful when faced with changing labor demands during the season
When do H-2A Program in-country worker transfers made the most sense?
H-2A in-country transfers can be especially beneficial when:
A harvest is running ahead of schedule
Weather or market conditions create an unexpected need for additional labor
An employer experiences employee turnover during the season
Another employer's season is ending while yours is beginning
Important considerations for H-2A Program in-country worker transfers
For an ag employer, transferring an H-2A worker can be an effective way to address labor shortages, but there are some things to keep in mind. In-country workers transfers aren’t automatic.
H-2A employers should understand that:
Workers must voluntarily choose to transfer
Workers may be required to give notice to their current employer and recruitment agency of their intentions to transfer to a new employer
Workers may compare employment opportunities and choose the employer that best meets their needs, so maintaining good working conditions is essential
Workers may only work for the employer(s) authorized under their H-2A status
The new employer must still file an H-2A application and receive a Temporary Labor Certification
Every H-2A compliance obligation—including wages, housing, transportation, recordkeeping, and worker protections—applies to transferred workers just as it does to newly recruited workers and the timeline to comply may be shorter
The 50% rule still applies, meaning employers must still interview and hire all available and qualified U.S. applicants up until the halfway point of their contract season
Employers should plan and coordinate carefully to avoid gaps in employment or disruptions to operations
Onboarding is still important as even experienced H-2A Program workers need orientation to your equipment, supervisors, safety procedures, and farm-specific practices
USA Farm Labor’s in-country worker transfer policies
USA Farm Labor doesn’t promote or support workers farm hopping for unjustifiable or unacceptable reasons. In fact, we have strict policies in place to avoid this and protect our employers.
Our Worker Placement Coordinators talk with the worker’s current employer to vet all the facts. Workers don’t go on our in-country transfer list without justifiable reasons. These include seasons wrapping up early as well as an employer having to displace the worker with an American applicant to satisfy the 50% recruitment rule. Also, H-2A Program visas are good for three years and the maximum length of a Job Order contract is 10 months. Some workers express interest in continuing to work once their current contract is complete, so we make them available to other employers with active Job Orders.
A diversified farm labor strategy
Many H-2A Visa Program employers use a combination of labor sources rather than relying on just one. This helps to maximize productivity and protect them against unexpected disruptions to their operations. A common strategy is to:
Recruit and hire available U.S. workers as required
Bring in planned H-2A workers from abroad for the core seasonal workforce
Use H-2A Program transfers to address unexpected labor shortages, weather-related changes, or increased production demands
Retain high-performing H-2A workers and invite them back in future seasons to reduce training time and improve productivity
This approach helps ag employers build a more resilient workforce while satisfying H-2A compliance requirements.
USA Farm Labor’s in-country H-2A labor advantage
H-2A Program in-country transfers have become a core service that USA Farm Labor offers clients, especially when faced with unexpected labor shortages during the middle of the growing season. We require workers to follow specific transfer procedures to prevent job hopping and uninformed transfers. If these procedures aren’t followed, we won’t facilitate the transfer. We also vet the worker’s previous reference to validate it was a positive experience. Our active network of H-2A Program employers, as well as our proprietary database that clearly identifies workers as out-of-country or in-country, provide easy access to the right in-country workers based on your timing and experience needs.
