The Top 12 Things Ag Operations Fail to Plan for When Using the H-2A Visa Program
Thousands of farms and ag operations rely on the H-2A Visa Program every year to fill their labor gap and provide the seasonal farm labor they desperately need to produce a profitable harvest. The H-2A Program can be overwhelming at first, so it’s not surprising that newbies make some mistakes and, unfortunately, some of these mistakes can be costly. That’s one reason why so many choose to partner with an H-2A agency to help them navigate and manage the complexities of H-2A.This blog is designed to help first-time H-2A Program employers avoid the most common mistakes and minimize their risk and liability.
Mistakes to avoid when planning to use the H-2A Program
As the saying goes, planning is everything, and this is definitely true when it comes to your participating in the H-2A Visa Program. If you’re new to, or considering, the H-2A Visa Program, these are the top mistakes you’ll want to avoid.
1. Underestimating the total cost of the H-2A Program
Wages are only one component of your H-2A Program budget. Be sure to account for all the costs, including:
Agency or attorney fees
Application-related and government fees
Housing
Utilities and housing maintenance
Daily worker transportation
Vehicles, insurance, fuel, and drivers
Inbound and return transportation
Travel/subsistence expenses
Workers' compensation
Meals or kitchen facilities
Payroll/administrative costs
Additional equipment and supplies
Learn more about all the costs involved with the H-2A Visa Program
2. Requesting the wrong number of workers
Even ag operations that have used H-2A before make this crucial mistake. Don’t automatically assume you need the same number of workers as the previous season.
Labor needs should be based (and re-evaluated each season) on:
Acreage
Crop mix
Planting dates
Harvest schedule
Mechanization
Expected yields
Productivity assumptions
Crew structure
Weather
Expansion or contraction
Request too few workers and your operation may be short-handed. Request too many and you may have difficulty providing enough work. This is a big deal because of the 3/4 Guarantee which requires that you pay H-2A Program workers at least 75% of the hours specified in your ETA-790. We advise you to forecast your seasonal farm labor requirements by crop, task, week, and worksite.
3. Not planning around the actual production calendar
We recommend building a calendar for each season that takes into account your production calendar as well as your seasonal farm labor planning. Be sure to include:
First date of need
Application milestones
Expected worker arrival
Housing readiness
Transportation arrangements
Onboarding
Crop milestones
Peak labor periods
Expected end date
4. Assuming your H-2A agency handles everything
While using an H-2A agency can be a lifesaver, one big misconception is that having an agency offloads all obligations on the employer. This simply isn’t the case. An H-2A agency does much of the heavy lifting but you as the H-2A employer still have significant responsibilities related to recruitment, interviewing and hiring H-2A workers, H-2A Program worker pay and benefits, as well as onboarding, and H-2A compliance.
Learn more about what you should expect from an H-2A agency
5. Not having housing figured out early enough
H-2A housing requirements should be taken seriously and seen as more than a simple expense. As soon as first-time H-2A employers decide to apply for the H-2A Visa Program, they should create a housing budget and timeline to determine:
Where workers will live
How many people each facility can accommodate
Whether the housing qualifies based on set standards
Whether inspection is required based on the type of housing and state
Who will maintain it
Who pays the utilities
What furnishings are needed
What’s the backup plan if the housing fails inspection
What backup housing is available
Housing needs to be ready and available for the State Workforce Agency (SWA) to inspect when your application is submitted to SWA 75 days prior to your date of need.
6. Underestimating daily transportation
It’s not uncommon for first-time employers to find they need a bigger vehicle. Rather than being treated as an afterthought, you should create a plan for daily transportation before workers arrive, including a backup plan for what happens if a vehicle breaks down. The vehicle must comply with federal, state, and local requirements. Drivers must have a valid driver’s license and proper insurance must be maintained.
At a minimum, your transportation plan should include:
Vehicle(s) make/model
License plate
VIN
Registration
Driver’s license information
Insurance information
Required inspections
Maintenance and safety records
Schedule and routes
Backup vehicle(s)
Fuel budget
7. Failing to plan for bad weather and downtime
Agriculture is susceptible to weather and other uncontrollable factors that impact production, such as:
Rain delaying harvest
A freeze damaging a crop
Delayed planting
Equipment breaking down
A crop maturing early
A market changing
The season ending earlier than expected
It’s important to build in a realistic amount of downtime into your budget and workload, keeping the 3/4 Guarantee in mind, to minimize your exposure. DOL also requires you to maintain records of hours offered as well as hours actually worked.
Learn more about managing risk when faced with unforeseen events
8. Not understanding ongoing U.S. worker recruitment
Your recruitment responsibilities don’t stop when your H-2A Program workers get approved. The 50% Rule requires you to continue interviewing and, if qualified and available, hire domestic workers up until the halfway period of your period of need. It’s critical to keep recruitment documentation including:
Who applies
When they apply
How they applied
Whether they were qualified
Whether they were hired
If rejected, why
Contact with former U.S. workers
9. Not accurately defining the job before filing
The Job Order, or ETA-790, becomes the contract between you and your H-2A Program workers. It defines the job, terms, and duties. It also provides the foundation for recruitment and wages, as well as determines the details of the job certified by DOL. Not clearly defining the job prior to submitting your application can result in hiring the wrong workers, paying the wrong wage, and it can create H-2A compliance issues after workers arrive if their actual duties don’t match the Job Order.
10. Not preparing supervisors and crew leaders for worker arrival or ongoing worker management
Getting H-2A Program workers to your farm is one thing. Managing them effectively once they’re here is another. A comprehensive onboarding process is a must to get workers up to speed quickly and efficiently and avoid misunderstandings. Setting clear expectations from day one and properly training your management team can prevent 80% of the most common issues. Creating Standard Operating Procedures can also be invaluable for keeping workers and management on the same page.
Make sure your supervisors know:
How to communicate expectations
How to track hours
How to document performance
How to handle absences
How to report injuries
How to handle complaints
How to deal with U.S. applicants
How to escalate serious issues
Get a comprehensive onboarding roadmap for H-2A Program workers
Get tips for effectively managing H-2A Program workers
11. Not having a plan or process for resolving worker conflicts
There are many H-2A rules and regulations to follow, especially when it comes to termination, and other worker-related situations. Documentation is key, so It’s important to be proactive about creating a process for how to handle worker concerns, issues, and conflicts promptly and fairly. Whether it’s a simple miscommunication or a major performance issue, you need to be ready to act while maintaining H-2A compliance.
Get conflict resolution best practices
12. Not having an organized, efficient recordkeeping system
Employers must maintain extensive records, including recruitment documentation, hours offered/worked, earnings, transportation reimbursements, contracts, and other records. DOL generally requires covered records to be retained for three years.
At a minimum, employers should have systems to support and document:
Timekeeping
Payroll
Recruitment
Housing
Transportation
Worker communications
Performance
Incidents
Separations
Reimbursements
Agency correspondence
USA Farm Labor partners with companies that specialize in payroll, timekeeping, and legal support.
USA Farm Labor guides you every step of the way
USA Farm Labor’s expert team is here to provide everything from payslip templates and onboarding roadmaps to help with creating clear, accurate job descriptions and resolving worker conflicts. And your assigned Worker Placement Coordinator supports you and your workers all season long.
