Regulations on Agricultural Employment Visa H-2A

H-2A Program for Temporary Agricultural Workers

DOL issued a final rule amending its regulations on the temporary agricultural employment of H-2A aliens in the U.S. This H-2A amended regulation final rule is effective 3/15/10.
The H-2A visa allows U.S. employers to hire foreign nationals for temporary or seasonal agricultural work if no able, willing, or qualified U.S. workers are available. Employers must obtain labor certification from the Department of Labor, guarantee employment for at least 75% of the contract period, and provide free housing, transportation, and an Adverse Effect Wage Rate (AEWR). They cannot charge workers recruitment fees.

— Expected final ruling and what employers & workers must do now

A final ruling amending the H-2A regulations can change recruitment, wage, housing, and compliance obligations for agricultural employers and affect protections for H-2A workers. While agencies finalize language and implementation dates, employers and advocates should prepare now: update policies, review job-order and recruitment workflows, and confirm wage and housing compliance. Therefore, acting early reduces disruption and helps avoid costly violations when the rule takes effect.

Why this matters

• Regulatory changes can alter recruitment steps, prevailing-wage calculations, recordkeeping, and housing standards.
• New compliance requirements may include updated timelines, new forms/electronic filing protocols, and strengthened worker protections.
• Employers who proactively audit and update practices will be better positioned to certify H-2A petitions and pass inspections.

Immediate steps for employers (priorities)

1. Audit current H-2A files — review job orders, recruitment logs, payroll, housing records, and I-9/eligibility documents.
2. Monitor wage methodology — verify prevailing-wage practices and prepare payroll systems for any changes.
3. Check housing & transportation — confirm employer-provided housing meets standards and prepare for tightened rules.
4. Train HR/staff on recruitment timelines, documentation standards, and any new filing steps.
5. Preserve records to respond quickly to audits or RFIs (ads, resumes, interview notes, payroll evidence).

Immediate steps for workers & advocates

• Preserve documents proving job offers, wage statements, housing conditions, and recruitment communications.
• Know rights: wages, safe housing, and workplace protections remain enforceable—document violations and consult counsel or advocates.
• Prepare for timeline or process changes; keep contact details current for employers and counsel.

FAQs

Q: When will the final rule take effect?
A: Implementation dates vary; monitor agency notices. In the meantime, prepare by auditing files and training staff.

Q: Will the rule increase employer costs?
A: That depends on specific changes to wages, housing, or reporting. Employers should model likely impacts and budget for compliance changes.

How we help

We perform H-2A compliance audits, update recruitment templates, model wage impacts, revise housing policies, prepare recruitment exhibit files, and represent employers or workers in audits or enforcement.