Temporary agricultural employment H-2A
Hiring of agricultural workers for temporary employment have been an ongoing issue in immigration. Abuse in regulations has been observed.
DOL issued an advance copy of the final rule amending its regulations on the temporary agricultural employment of H-2A aliens in the U.S. A full article regarding hiring procedures will be published in the Federal Register on 2/12/10. Any employer using H-2A workers must have initially attempted to find U.S. workers to fill these jobs. If you request H-2A workers from both eligible and non-eligible countries, USCIS suggests that you file two separate petitions. Filing one petition for workers from eligible countries and a separate petition for workers from non-eligible countries may help decrease delays in processing your request for H-2A workers.
Temporary Agricultural Employment (H-2A)
The H-2A program allows U.S. employers to hire foreign workers for temporary or seasonal agricultural labor when qualified U.S. workers are not available. It’s an important pathway for farms and agribusinesses that need lawful, short-term labor for planting, harvesting, packing, or other seasonal operations. Therefore, employers must follow a strict regulatory process.
To use the program, an employer must first recruit domestically. They must certify to the Department of Labor that hiring foreign workers will not adversely affect wages and working conditions of U.S. agricultural workers. After obtaining labor-certification, the employer petitions USCIS for the foreign workers’ temporary admission. If approved, they arrange consular visas or change-of-status for beneficiaries already in the U.S. Employers are usually required to provide transportation, housing (if promised), meals or meal allowances, and appropriate workers’ compensation coverage. Wages must meet the applicable Adverse Effect Wage Rate or prevailing wage for the area.
Worker protections are central: H-2A employees are entitled to the terms promised in the job order (hours, pay, housing), safe working conditions, and access to grievance procedures. Employers must keep accurate payroll and housing records. They must facilitate timely travel for workers at the end of the contract. However, extensions or new petitions are possible when seasonal needs continue.
Practical tips: plan early (recruiting and certification take time), document all domestic recruitment efforts, maintain transparent job orders, and budget for housing and transportation obligations. For workers, understand contract terms, document pay stubs, and preserve copies of job orders and identity documents. Noncompliance risks serious penalties, including debarment from the program.
If you need a filing checklist, a compliant job order template, or an employer-worker compliance audit, we can prepare the packet. We will help manage the H-2A timeline to keep your operation lawful and productive.