H2A PROGRAM

The H-2A program is a federal, nonimmigrant visa program that allows agricultural employers to hire foreign workers for tough-to-fill seasonal jobs. H-2A workers typically come from rural communities (predominantly in Mexico and Central America), go home after each work season, and return to the same U.S. employer year after year. 

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H2A EMPLOYER REQUIREMENTS

Hourly Wage

The DOL establishes the applicable H-2A wage rate, called the Adverse Effect Wage Rate (AEWR). The employer pays the higher of either the AEWR or the state prevailing wage rate to both U.S. and H-2A workers. LaborQuest USA will provide you with the exact wage currently required in your area on request, in advance of your applying for the program.

Insurance

The H2A employer must provide workers’ compensation insurance for all workers. Proof of coverage must be included with the initial application for workers and must cover at least a portion of the certification period.

Housing

The H2A employer must provide free housing to all workers who are not local workers. Non-local workers are those who are not reasonably able to return to their place of residence each day of employment. The housing must include kitchen facilities. Alternatively, the employer can provide workers three meals a day and be reimbursed by workers for the cost up to federally specified limits per day.

 

Transportation

The H2A employer pays for both the workers’ inbound and outbound transportation, from their home country to the place of employment and back to their homes. The H2A employer provides daily transportation to and from job sites. The employer must also provide transportation to town (grocery, bank, etc.) at least once a week.

Recruiting

U.S. workers continue to have hiring preference over foreign workers in the first half of the season, even after foreign workers arrive. So during the first half of the season, H-2A employers must hire all U.S. job applicants who are ready, willing and able to perform the required job duties.

Work Supplies

The employer furnishes all tools and supplies necessary to perform the work at no cost to the worker.

Environment

H2A Employer needs to unsure everyone in the workplace will treat participants with respect and dignity.

ELEGIBILITY

To qualify for the H2A program, your farm must:

  • Offer a temporary or seasonal job.
  • Demonstrate that not enough U.S. workers are able, willing, qualified, and available to do the temporary work.
  • Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Submit a single, valid, temporary labor certification from the DOL with the H2A petition.

SOME FACTS ABOUT THE H-2A VISA PROGRAM

  • H-2A workers can stay for up to 10 months on a valid H-2A Visa and there is no cap on the amount of workers that can be approved for Visas
  • You can have multiple petitions if you need to hire seasonal workers for planting and then a harvesting season.
  • It generally takes about 75 days for the Visa approval process, but we suggest that you contact us 90-120 days prior to the date that you need the workers to start.
  • Each worker's wage rate is determined by the AEWR (Adverse Effect Wage Rate), which is an amount set by the government.
  • You get a dependable, legal, safe, experienced and affordable workforce that wants to work.
  • Not only do we do all the H2-A Visa paperwork for you, but we also include, research services, audit assurance (in case of a US Department of Labor audit, we will be there with you every step of the way), excellent customer service (we are happy to answer all your questions about the program), and required newspaper advertisements.