Resources

The H-2A process can be complex. However, there are many resources available to help answer questions you may have. A number of organizations are involved in regulating and monitoring agricultural worker visas, including The Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), the Department of State (DOS), and the Department of Homeland Security (DHS). Each of these organizations, as well as the USDA, provides helpful information on this process. We’ve also included helpful guides to help simplify this process.

United States Department of Agriculture

• H-2A Visa Checklist

• H-2A Visa Program information

Department of Labor

• H-2A: Temporary Agricultural Employment of Foreign Workers

Citizenship and Immigration Services

• H-2A Agricultural Workers information

• Forms

Department of Homeland Security

• H-2A Temporary Agricultural Worker Program

H-2A Employer Basics

The H-2A program is intended to help farmers and other agricultural business owners fill seasonal labor gaps by hiring workers outside the U.S., but without narrowing the job market for locals. This means employers have responsibilities to fulfill, both to locals and to potential incoming workers. These include recruiting qualified and available domestic labor, paying immigration application and filing fees, providing transportation and accommodations for foreign workers en route to your location, and providing housing for workers who cannot reasonably return home each day while working at your farm or orchard.

Employer requirements for H-2A visas can seem daunting at first. To give you a better understanding of employer requirements, here are some of the basics you should know:

Requirements for the Job

The H-2A program is only available for certain jobs. The job must be agricultural in nature and it must be temporary, generally lasting less than one year. This includes jobs involved in planting, cultivation, and harvest for many types of crops.

Requirements to Request Domestic Labor

Employers seeking seasonal or temporary labor must first make an effort to employ local job-seekers.

Application Fees

Hiring and employing foreign workers requires several applications and associated processing fees. This includes the labor certification application fee, USCIS petition fee, and consulate fee, among others.

Transportation Fees

In the H-2A program, employers are responsible for securing transportation for workers from their home country to the job site. However, we can take care of this for you.

Housing, Meals and Transportation

Since foreign workers will not have a place to stay during their temporary employment, employers are required to provide this. Employers must treat foreign and domestic workers equally, so employers must also offer this benefit to any domestic worker who is unable to reasonably return home each day. This employer requirement of the H-2A program can be fulfilled in many ways. Workers may stay in off-site rental housing, housing owned by the business, or housing contracted with another business.

The employer is also responsible for either providing three meals a day to workers or providing adequate meal preparation areas. Finally, if housing is off-site, the employer must provide transportation, as well as transportation to grocery stores or other needs.