Pre-Arrival and Recruitment Compliance
Compliance begins long before foreign workers arrive. You must prove a temporary or seasonal need and demonstrate that hiring foreign nationals will not negatively impact domestic workers.
- Place job orders with your State Workforce Agency and run local media advertisements.
- Accept referrals of qualified U.S. applicants through at least 50% of the contract period.
- Keep detailed records of every applicant, interview, and hiring decision.
- Document lawful, job-related reasons for rejecting any U.S. worker.
Provide housing at no cost to H-2A workers and to U.S. workers who cannot reasonably return home daily. Housing must meet OSHA safety standards and pass state inspection. Reimburse inbound travel once workers complete 50% of the contract and provide safe daily transportation to the worksite. See H-2A requirements for the full housing checklist.
Wage Rates and Record Keeping
Pay H-2A workers the highest of the Adverse Effect Wage Rate (AEWR), prevailing hourly wage, prevailing piece rate, collective bargaining wage, or federal/state minimum wage. These rules apply equally to corresponding U.S. workers performing the same tasks.
- Provide all tools, supplies, and equipment at no cost to the worker.
- Track hours offered, hours worked, and any hours refused.
- Issue earning statements showing total earnings, rates, and authorized deductions.
- Retain payroll records, contracts, and timesheets for at least three years.
Digital timekeeping systems designed for agricultural compliance reduce human error. Review H-2A compliance guidance and our resources page for audit-ready recordkeeping.
On-Site Working Conditions and Safety
Provide comprehensive safety training in a language workers understand—covering machinery, chemicals, and heat-related illness prevention. Ensure clean drinking water, toilet facilities, and handwashing stations are accessible in the fields.
Provide workers' compensation insurance or an equivalent policy covering injuries arising from employment. Proof of coverage must be submitted during the application process.
The three-fourths guarantee requires you to offer employment for at least 75% of total hours in the work contract. If you fail to meet this threshold, you must still pay workers for the guaranteed hours. Carefully calculate labor needs before finalizing your job order.
Simplify Your H-2A Compliance
From initial recruitment to final paychecks, every step matters. Missing a deadline or miscalculating a wage rate can disrupt your entire harvest season. Use this checklist to audit your current practices and train your management team on H-2A regulations.
Head Honchos has helped employers secure legal seasonal workers since 1999. Contact us for a compliance review before your next filing.
