The H-2A program is a federal initiative allowing agricultural employers to recruit foreign workers for seasonal positions that are challenging to fill. These H-2A workers often hail from rural areas in Mexico and Central America, returning home after each work season and consistently coming back to the same U.S. employer year after year.
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Employers participating in the H-2A program must cover travel expenses for all non-local workers hired under the contract, including both U.S. and foreign workers. This obligation includes costs for travel to and from the job site, meals, and overnight accommodations while traveling. Additionally, foreign workers must be reimbursed for all visa-related expenses within the first week of employment. másH2A offers detailed guidance on travel reimbursements to ensure compliance.
H-2A employers are required to provide free housing for all non-local workers, whether they are U.S. or foreign. This housing must pass annual inspections and receive approval from the State Workforce Agency (SWA) or other relevant housing authorities. másH2A supplies comprehensive guidance to help employers meet housing standards and navigate the inspection, permitting, and certification processes.
Employers must offer full-time employment (a minimum of 35 hours per week) throughout the H-2A contract period at a wage rate set by the government for the specific occupation. Furthermore, employers must guarantee at least 75% of the total work hours specified in the contract. másH2A assists in evaluating labor needs and provides guidance on meeting all wage requirements.
H-2A employers must make efforts to hire local U.S. workers before employing foreign workers. This includes advertising the job online, within the business, contacting previously laid-off U.S. employees, and accepting referrals from the local State Workforce Agency (SWA). másH2A ensures compliance with all U.S. recruitment regulations, helping employers fulfill their obligations.
Fieldfront provides all the support you need to navigate the intricate, multi-phase government application process.
Each client is assigned a dedicated Case Manager, who is supported by our team of regulatory consultants and subject-matter experts. Your Case Manager collaborates with you to assess and define your labor requirements, preparing customized application materials tailored to your needs. Once filed, we liaise with the relevant state and federal agencies to ensure prompt approval. Additionally, your Case Manager is available to offer detailed guidance on ongoing compliance obligations.
For recruitment and worker logistics assistance, Fieldfront partners with a network of foreign worker facilitators in Mexico, Costa Rica, El Salvador, Guatemala, Honduras, Jamaica, and South Africa.
Earliest date to submit worker orders (names and/or returning worker hires) for facilitator action if using a MAS preferred provider.
Earliest date the Job Order (ETA 790A) can be submitted to the State Workforce Agency (SWA).
Expected SWA acceptance date and submission date for H-2A Application (ETA 9142) to the U.S. Department of Labor (DOL).
Expected DOL acceptance date and commencement of the recruitment period.
Latest date for submitting the Job Order (ETA 790A) to the SWA for non-emergency filings.
Latest date for H-2A Application (ETA 9142) submission to the DOL and deadline for emergency filings.
Deadline for Recruitment Report submission to the DOL.
Expected approval date for H-2A Labor Certification.
Expected receipt date for Visa Petition (I-129) filing with U.S. Citizenship and Immigration Services (USCIS).
Expected approval date for the I-129 visa petition and earliest date for scheduling consular appointments.
Expected date for consular appointments for foreign H-2A workers.
Expected worker arrival date
Official start date of the contract.
To qualify as an employer under the H-2A visa program, you must have an agricultural opening that is temporary or seasonal in nature. Furthermore, you must demonstrate that you cannot successfully fill the position with a U.S. worker. Rephrased, you must show that there are not enough U.S. workers in your location to meet your needs or apply for your job. If you have a genuine need for foreign laborers to meet the demands of your farm or ag business, then you can use the H-2A visa petition to obtain seasonal foreign laborers.
If you work in agriculture and you have a seasonal labor shortage, you may be able to use the H-2A program to hire migrant workers from other countries. There are several requirements for this job. First, the job must be temporary, lasting less than one year. Second, it must be agricultural in nature, such as planting, harvesting, or caring for crops. Third, you must be able to show that you made this job available to domestic workers first. We can help you fulfill and document this step.
f you are facing a labor shortage and your job openings meet specific criteria, you may be eligible to hire seasonal workers. However, it's essential to comply with all employer obligations, including providing local transportation, housing, and meals or a cooking area. Additionally, if you've experienced recent strikes or layoffs, eligibility may be affected. For more details, visit our Employer Requirements page or proceed to the next section.
Under the H-2A program, employers have several crucial responsibilities. Our team provides support for many of these tasks, including transportation from the workers' home country, application processes, domestic recruitment, and more. Employers must also meet other obligations, such as providing adequate housing and meals, local transportation, tools and training, and workers' compensation insurance. For detailed information, please visit our Employer Requirements page.
Employers under the H-2A program must handle transportation for foreign workers, though most rely on a third party for coordination. Arranging transport and accommodations while managing visas and other legal requirements can be daunting without experience. As Michigan's largest H-2A employment agent, we have optimized the recruitment and travel processes for this program. We manage intricate travel arrangements and legalities, as well as international recruitment to secure the best workers. While employers and workers typically organize outbound travel independently, we offer support for this aspect if needed.
Under H-2A, employers are responsible for providing housing for seasonal workers. This housing must meet health and safety standards. There are many ways to meet this requirement. Some agricultural employers use nearby rental housing, others use accommodations they own on the property. If you are not sure how to meet this requirement, we can recommend strategies that other farmers and growers have used.
The further in advance that you’re able to apply, the better. The minimum lead time needed to secure workers is 120 days. Ideally, 1 year of lead time would allow for the best rate of success.
The H-2A visa is temporary and is normally valid for one year; however, an extension is possible. Extensions are given in one-year increments for a total of three years, and the H-2A visa can be extended twice. At the end of three years, the workers must return to their home country and stay for at least three months before they can again obtain an H-2A visa.
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