H-2A Temporary Agricultural Workers

Are you having trouble finding workers because of the seasonality of your agricultural business? Do you have work to be performed seasonally on a farm? Then H-2A may be for you.

To qualify for the H-2A program, the company must establish that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.

Farmers

Are you a farmer who needs seasonal or temporary workers to help on your farm with duties such as planting, cultivating, and harvesting crops? Then this program may be for you.

Farm Labor Contractors

Farm labor contractors hire farmworkers to work on a third party's farm. If you are going from farm to farm doing agricultural work, then this may be the program for you.

Steps

01 APPLY AT STATE WORKFORCE AGENCY

02 APPLY WITH DEPARTMENT OF LABOR

03 RECRUIT U.S. WORKERS

04 PETITION FOR WORKERS WITH IMMIGRATION

05 BRING FOREIGN WORKERS TO USA

Overview of the Process

The H-2A program has a regulatory timeframe which is based around when you need workers to start the position. Generally, an employer should start by applying for a job order with the State Workforce Agency 60-75 days before the start date of need.

Then, the employer submits an application for temporary labor certification to the Department of Labor 45-60 days before the start date of need. The Department of Labor will review the application and, if accepted for processing, direct the employer to conduct recruitment of United States workers. This is done through the State Workforce Agency, the Department of Labor's Seasonal Jobs website, and by the employer itself. Once recruitment has been completed, the employer submits a recruitment report to the Department of Labor detailing the success of its recruitment efforts. If U.S. workers are not qualified and available for the position, the Department of Labor will certify the temporary labor application.

Once a temporary labor certification is received, the employer may submit a petition for workers with United States Citizenship and Immigration Services. This petition can request either a certain number of unknown workers or specific workers, depending on circumstances such as whether the workers are in the United States or if the workers are abroad.

Once the petition is approved, if workers are abroad, they will make appointments at the consulate for an interview for visas. Each consulate varies in their procedure for appointments and interviews. Once workers receive visas, they may enter the United States to perform work for their employer.

If you would like more information about this program, please contact us for a consultation today.