A lot of planning and work go into applying for your first H-2A Program Certification. The first season is usually a learning experience: what works, what doesn’t, what takes the most time, and what needs improvement moving forward. The good news is you have some advantages as a farm employer using the H-2A Program for the second consecutive year. You already have much of the infrastructure in place to use the Program effectively, and you understand what to expect from the process.
So, what is different the second time around when applying to use the H-2A Visa Program for seasonal farm labor?
This blog is for American farm employers using the H-2A Program, transitioning from the first year to the second, and lays out how to reapply for the H-2A Program Labor Certification, what’s different the second time around, advantages in the second year, and what you need to know to get the most out of the Program.
What’s different about reapplying to the H-2A Program in year two?
Reapplying to the H-2A Program in year two also comes with some challenges but should be much easier on you since it’s your second time around. Here’s why:
You already understand the H-2A Labor Certification process
You need to reapply for your H-2A Labor Certification every year. Hiring seasonal H-2A farmworkers starts with applying for a Labor Certification by proving your seasonal need and meeting various requirements. You’ll have a better understanding of this process, including:
A familiarity with the State Workforce Agency (SWA) and Department of Labor (DOL) application timelines.
A better understanding of the domestic recruitment requirements, housing inspection timeline, and ongoing documentation requirements.
A season’s worth of experience communicating with your H-2A agency’s points of contact.
Firsthand knowledge of the recruiting, hiring, visa petition, and worker arrival processes.
Your housing and transportation arrangements are mostly established
Arranging for housing, transportation, and meals can be a challenge in your first season. Managing reimbursements and maintaining compliance in these areas are much easier the second time because:
Existing housing can potentially be used again, provided it meets applicable space requirements for your workers and passes the required inspections.
Daily transportation, vehicles, and other arrangements may already be in place, approved, and ready to go for year two.
You have a better understanding of transportation costs, housing needs, and reimbursement responsibilities.
You have real workforce data to guide your decisions
Having real workforce data to guide your decisions is an important factor in reapplying for the H-2A Program. Ask yourself these questions:
How many workers did you request?
Did you have enough workers during critical times such as planting and harvest?
Were there periods when you had too many workers or not enough work for everyone?
Did workers arrive when you needed them most?
Were your projected employment start and end dates accurate?
Your first season with the H-2A Program prepares you moving forward by giving you valuable information you can build on. Now, you can use that data to make informed decisions, improve the way you use the Program, and ensure this solution works for your farm or ag business.
What stays the same when reapplying for H-2A?
It’s important to understand what doesn't change from year one in the H-2A Program to year two. Here are a few things that mostly stay the same:
You must still demonstrate a temporary or seasonal agricultural labor need.
A new H-2A Labor Certification is required.
Applicable SWA and DOL requirements must still be met, including housing inspections.
Domestic worker recruitment requirements.
Housing and transportation requirements still apply.
You must continue complying with H-2A wage, payroll, recordkeeping, and worker protection requirements.
USCIS petition and visa processing requirements.
Advantages from year one to year two in the H-2A Program
There are many advantages for returning farm employers with the H-2A Program, including:
Flexibility: Transitioning to year two is unique in that you may be able to justify changes to your Job Order based on changes in your business operations, workforce needs, or other circumstances that have occurred since your first year.
Cost: You now have one year of experience with the full scope of the costs associated with the Program so you can accurately budget and forecast the financial impact on your farm or agribusiness. Accurate cost planning will help your business grow, evolve, and maximize profits.
Relationships: You have established relationships with your workers, recruiters, and your H-2A agency, which makes it simple to bring back the same workers and establish consistency in your workforce. Familiarity with all parties involved makes the H-2A process smoother.
Time: You have more time to effectively plan your season, forecast your labor needs, establish a budget, and get the most out of the H-2A Program for your business.
As you gain experience using the H-2A Visa Program for sourcing seasonal farmworkers, you learn what works and what doesn’t. You also start to see how the Program works for your business. The most successful H-2A employers bring back the same workers multiple seasons and have established procedures in place for things like transportation, housing, reimbursements, payroll, and compliance tracking.
USA Farm Labor clients Matt and Valerie Brack with their H-2A workers, who are like family
Read about how Matt and Valerie Brack used the H-2A Program to find reliable workers who transformed their farm business and their lives.
Steps for reapplying for the H-2A Program
Step 1: Review your previous H-2A season
Before you submit your Job Order application or pick up the phone to call your agency, take a step back to evaluate what worked and what didn't in your first H-2A season, such as:
Worker performance and retention.
Number of workers requested versus actual labor needs.
Arrival and departure dates.
Housing and transportation issues.
Payroll and compliance concerns.
Feedback from farm managers and workers.
Step 2: Determine your workforce needs for the upcoming second season
Workforce needs can change from year to year, especially from year one to year two. Employers should reassess labor needs every season by:
Reassessing acreage, crops, equipment, and seasonal workload.
Determining whether you need more or fewer workers.
Reviewing the employment start and end dates.
Considering whether your operation has expanded or methods have changed.
Determining which H-2A workers you would like to request again and those who didn’t meet your needs.
Step 3: Update your employer information and documentation
Review critical compliance requirements and update those details as needed by:
Confirming business information and contact details.
Updating worksites and reviewing that job duties meet your needs.
Review housing addresses and capacity for the number of workers requested.
Verify transportation arrangements and adjust where needed.
Update Job Orders to include accurate wage rates and employment conditions.
These might sound like little issues, but inaccuracies in this information will cause Notices of Deficiency (NODs), which will slow down the process while these problems are resolved. Slowing your Job Order applications down even by a day or two can cause workers to arrive weeks late, and ultimately puts your season behind before it even begins.
Step 4: Submit your new H-2A application
Once you’ve reviewed your previous season, updated your information, and determined workforce needs, it’s time to submit your new Labor Certification application by:
Coordinating with your H-2A agency to prepare your application.
Determining your filing timeline based on your dates of need, including the job order submitted to the SWA and the application submitted to DOL.
Ensuring your H-2A application is ready to be filed 75–60 calendar days before the start date of need.
It’s critical to have everything you need to file for H-2A ready to go before your 75-60 day application window opens. At USA Farm Labor, we recommend having everything ready 120 days before your chosen start date. For example, if your start date is March 1st, you should have your application requirements ready on November 1st the year prior so that your Job Order and Labor Certification application can be submitted on December 16th. You should have the following items in place 120 days before your chosen start date:
Proof of FEIN
Workers’ compensation
Housing
Transportation methods
Having these requirements covered 120 days ahead of your seasonal start date will make reapplying for H-2A workers much easier and more efficient. USA Farm Labor’s Case Managers recommend using a simple online date calculation tool to determine when you should have all of your documentation ready to submit.
Learn about your 3 options for applying for the H-2A Program
Step 5: Prepare for worker recruitment and arrival
Once your application for Labor Certification is submitted and accepted by the SWA and DOL, and initial domestic recruitment efforts are met, you need to focus your attention on:
Identifying the H-2A workers you would like to request again and communicating with those individuals.
Coordinating recruitment for additional workers if needed.
Completing required USCIS filing and consular visa scheduling.
Preparing housing, transportation plans, equipment upgrades, and orientation for H-2A worker arrival.
FAQs about reapplying for the H-2A Program
Here are some of the most frequently asked questions regarding reapplying for the H-2A Program:
Can I bring back the same H2A workers?
Yes, you can bring back the same H-2A workers as long as they want to come back and you’ve satisfied other requirements such as domestic recruitment efforts. Many of our USA Farm Labor clients bring the same workers back year after year. Returning workers offer many benefits since they’re already familiar with your operation, require less time for onboarding and training, and you know they have the skills and work ethic you’re looking for.
Can I change the number of H-2A workers requested?
Yes, you can change the number of H-2A workers requested on your Job Order from season to season. Whether you need more or less H-2A workers, it’s not a problem to change the number of workers requested from one season to the next. However, you can’t change the number of H-2A workers requested on your Job Order once it’s filed. This is where accurate workforce planning and forecasting come into play.
USA Farm Labor recommends making your best “good faith” estimate of how many H-2A workers you should request based on actual needs, workload, job duties, and operational changes. It’s important not to fabricate needs based on fear or missing out on workers, not having enough labor, or workers possibly quitting.
Check out our guide on how many H-2A workers you should request
Is it easier to get H-2A Program approval the second time around?
No, it is not “easier” per se to get an H-2A Job Order approval in your second season using the Program. However, it can be simpler to file an H-2A Job Order and Labor Certification application the second time because:
You understand what’s required of you as a farm or agribusiness employer using H-2A.
You have established and met housing and transportation requirements.
You or your H-2A agency already has required documents such as Proof of FEIN and an active Workers’ Comp policy, making it easier to submit Job Orders.
You’ve established the DOL- and SWA-approved seasonal dates of need plus justified your agricultural labor needs.
If your Job Order mostly remains unchanged from the first season to the second season, then yes, it can be easier to get approval, but nothing is guaranteed. If you change the number of workers requested, you need to ensure you have the housing and transportation necessary to fit the number of workers desired.
It’s equally critical to understand how changes to the H-2A Program rules and requirements, new wage rates, and legislation shifts can impact the Program and, in turn, impact your farm or agribusiness.
Do I need another H-2A housing inspection?
You may or may not need another H-2A housing inspection from one season to the next depending on the type of housing and the state you are located in. Fixed-site housing inspections are generally only valid for one year or for the duration of the Job Order, again, depending on the state you’re in. Mobile housing inspections in some states are valid for up to three years. Generally speaking, yes, you need another housing inspection from year one to year two. We recommend inspecting housing at the end of each season and making the necessary improvements, repairs, and maintenance to adhere to H-2A housing requirements.
Can I change my employment dates of seasonal need?
Yes, you can change your dates of seasonal need, but that comes with a stipulation: you must have a legitimate agricultural reason for the change in dates.
For example, winter has historically run longer in the previous seasons, and the ground hasn’t been ready for planting in the expected timeframe. In this scenario, be prepared to submit scientific and agricultural proof of this claim. You will also need to submit a date change justification letter outlining the reasons for the change in dates.
Likewise, as you transition from your first season to your second, you may identify changes in planting schedules, harvesting timelines, crop production, or other agricultural conditions that justify requesting different start or end dates. However, any requested changes must be based on legitimate agricultural needs and supported by appropriate documentation. Simply becoming more familiar with the H-2A Program or preferring different dates does not, by itself, constitute sufficient justification.
It’s important to consider that if you constantly change your dates from one season to the next, the DOL will eventually issue an NOD questioning your seasonal need. Try to determine the dates when you need seasonal H-2A workers the most and stick to that. Otherwise, the DOL will question you, and that could lead to flat-out debarment.
USA Farm Labor is a trusted H-2A agency that helps farms and agribusinesses get the most out of the H-2A Program every season
Whether you're preparing for your second H-2A season or have been using the program for years, USA Farm Labor can help you navigate the application process, ensure Job Order accuracy and compliance, coordinate worker placement, and help you prepare for another successful season.
Our expert H-2A Case Managers make reapplying easy. Your Case Manager will monitor your previous seasonal dates of need and communicate with you when it’s time to reapply for H-2A. From there, our knowledgeable and dedicated Worker Placement Coordinators help liaise between you and your recruiters to ensure you’re bringing back the workers you want while assisting with identifying new talent for your business.
Our agency’s ultimate goal is to help you get the most out of the H-2A Program. It starts when you call our business.
Our consultants evaluate your needs, listen to your workforce challenges, and help you envision how the H-2A Program will work for your farm or agribusiness.
