H-2A Visa Program Overview

H-2A Program requirements you need to know

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Your Guide to Growth Using the H-2A Program

The H-2A Visa Program can be complicated. Lots of documents. Lots of forms. Knowing who to contact for what. USA Farm Labor helps simplify and manage the process for you. This overview is designed to give you the nuts and bolts of the H-2A Program. And our H-2A experts are just a phone call away to answer your questions and support you every step of the way, so you can grow with confidence. We stay current on ever-changing H-2A rules and regulations—so you don’t have to!

What is the H-2A Visa Program?

  • The H-2A Program is a government-mandated visa program that allows American farmers and agribusinesses to hire seasonal foreign farm agricultural workers when they’re unable to find enough interested, qualified domestic workers

  • H2A employers must apply for a Temporary Labor Certification to source and hire seasonal foreign agricultural labor through the H-2A Program

  • H-2A workers legally come to the U.S. on an H-2A work visa as non-immigrant farm workers

How does the H-2A Visa Program work?

The H-2A Visa Program involves 3 government bodies:

  • Department of Labor (DOL)—The DOL enforces labor standards and sets the rules for the H-2A labor certification process. It:

    • Examines your paperwork to make sure it meets H-2A requirements

    • Scrutinizes your seasonal need

    • Accepts or denies the application we submit on your behalf

    • Issues your Temporary Labor Certification

  • State Workforce Agency (SWA)—Your state’s government-run employment agency that:

    • Makes sure H2A employers qualify before moving forward

    • Creates a job order

    • Attempts to recruit domestic workers and refers qualified candidates to you

    • Inspects your housing

  • U.S. Citizenship and Immigration Services (USCIS)—Also known as the Department of Homeland Security, this entity:

    • Approves visa petitions

    • Issues work visa permits to consulates in foreign countries

    • The consulate grants worker visas based on permits

Very Professional & Reliable

“USA Farm Labor is a very professional and reliable company. They helped me understand the program and made it extremely easy for me to recruit and hire dependable workers. I wouldn’t have made it through the 2021 harvest season without the help of H2A labor.”

Frank (Camilla, GA)

Satisfied H2A employers

Do I qualify for the H-2A Visa Program?

  • The work performed must be agricultural, meaning it’s performed on a farm or for a farm

  • The need must be temporary, meaning seasonal and lasting 10 months or less

  • You must be unable to find enough interested, qualified American agricultural workers

  • You must own at least 51% of the crop/commodity (it’s okay if you rent the land)

  • Types of businesses include:

    • Crop Farms

    • Livestock Farms

    • Farm Labor Contractors

    • Custom Harvesters

    • Nurseries

    • Green Houses

    • Beekeepers

H-2A Visa Program Pro Tip Unique Job Descriptions Are Essential

H-2A Visa Program requirements

  • Federal Employer Identification Number (FEIN)—This is your tax ID number. If you don’t have one, you can easily apply online.

  • Active Workman’s Compensation Policy—If you don’t have an active policy, contact your insurance agent.

  • Free, Furnished H2A Housing for Your H-2A Workers—This can be a house you own or rent, an apartment, a hotel or motel, a mobile home, even a camper or RV (some states have restrictions. If should be furnished and move-in ready in time for inspection by your State Workforce Authority within (typically 2 - 3 weeks of submitting your application to us). Some states also require a migrant camp permit.

  • Transportation for Your H-2A Workers—You must provide free daily transportation between the housing and the worksite. This can be a bus that you or one of your employees use to transport the workers, or you can provide a vehicle for the H-2A workers to drive assuming they have a valid driver’s license. Depending on the housing facilities, you may also need to provide weekly transportation for essential errands that include groceries, laundry, and banking.

  • Meals—You must arrange for H-2A workers to have 3 meals a day, including non-work days. If the housing provides full kitchen facilities, you’ll need to provide transportation weekly to buy groceries. If the housing doesn’t provide sufficient kitchen facilities, you can cater meals and deduct the cost from the workers’ paychecks.

  • Travel—You must reimburse H-2A workers for their inbound, outbound, and consulate travel. This includes the cost of the flights, as well as meals and lodging during travel.

H-2A Visa Program Pro Tip Start Workers Off Right

Job duties, wages, and hours for H-2A workers

  • H-2A workers are only allowed to perform job duties listed in the job description, and only at the worksite addresses listed on your ETA 790

  • H2A employers must pay workers the current Adverse Effect Wage Rate (AEWR) for their state. Learn more about recent changes to the AEWR.

  • Workers must be paid at least twice a month

  • H2A employers are not required to withhold Medicare, Social Security, or Unemployment taxes

  • H2A employers must provide each H-2A worker with a pay slip at the end of every pay period. We provide a pay slip template with all the required fields in our proprietary database and resource hub.

  • In most states, H-2A workers are exempt from overtime requirements. Some states require H2A employers to pay the overtime rate if workers work more than a set number of hours.

  • H2A employers must offer H-2A workers a minimum of 35 hours a week, a maximum of 80

  • Three-Quarter Rule—H2A employers must pay H-2A workers at least 75% of the total value of the contract period, which starts on the worker’s first day of work. This rule protects both you and your workers in the event of a catastrophe, such as a flood.

Learn more about taxes

H-2A Visa Program Pro Tip Happy Worker Is Productive Worker

Domestic recruitment

  • You must advertise open positions online at seasonaljobs.dol.gov

  • Most domestic candidates will be referred to you from your State Workforce Agency’s job system that lists seasonal jobs

  • You must interview all domestic applications and candidate referrals up until the halfway point of the job contract period

  • If the domestic candidate is qualified, willing, able, and available, you must offer him or her the job

  • If you’re unable to support an additional worker, you must let one of the H-2A workers go to give the job to the domestic worker

  • At the end of the halfway point, you must complete a Final Recruitment Report

A Huge Asset to our Business

“Manuel and his employees at USA Farm Labor have been a huge asset to our business. They do a great job of getting the paperwork done on time and keeping us up to date on all the changes … They have been there when we needed guys the most and always found us some qualified employees. I would highly recommend USA Farm Labor to anyone that is looking to bring over seasonal employees.”

Bryce (Isabel, SD)

H2A Employers Shaking Hands

7 steps to reliable ag labor

  • Step 1: Exhaust all attempts to hire American ag labor

  • Step 2: Call USA Farm Labor to confirm the H-2A Program is a good fit

  • Step 3: Ensure you have all the H-2A Program requirements in place

  • Step 4: Log into our proprietary database and resource hub to complete your profile, submit your application, and start browsing 3,000-plus vetted, skilled workers based on your needs

  • Step 5: Pass your housing inspection

  • Step 6: Interview and hire H-2A workers(s)

  • Step 7: Prepare for your H-2A workers’ arrival

H-2A Program Referral Program

Learn how to become an H2A Employer.