How to Hire Seasonal Agricultural Workers Through the H-2A Visa Program

Finding skilled seasonal workers is a recurring challenge for U.S. farms. When domestic labor is scarce, the H-2A visa program enables agricultural employers to hire foreign workers temporarily for planting, harvesting, and other labor-intensive needs. Understanding the process and requirements is key to successfully employing seasonal agricultural labor through this program.

Understanding the H-2A Visa Program Framework

The H-2A program is managed by the Department of Labor (DOL) and the Department of Homeland Security. Employers must show that the work is seasonal—generally lasting less than a year—and that hiring foreign labor will not negatively affect U.S. workers’ wages or conditions.

Eligible activities include crop production, livestock care, and related on-farm tasks. However, permanent roles or non-seasonal work do not qualify. Employers are also required to recruit U.S. workers locally and regionally before turning to the H-2A program.

Essential Requirements and Documentation Process

Securing H-2A workers involves careful planning and documentation:

• Labor Certification: File with the DOL 75-120 days before workers are needed.

• Job Description: Clearly state duties, work conditions, and required skills.

• Wages: Offer at least the highest rate among the AEWR, local minimum wage, or prevailing wage.

• Housing: Provide free, inspected, and DOL-compliant housing for workers.

• Transportation: Cover inbound, intra-job, and outbound transportation at no cost to workers.

• Recruitment: Demonstrate extensive efforts to hire qualified U.S. workers first.

Document all recruitment efforts and prepare for housing inspections before worker arrival.

Navigating Application Procedures and Timelines

The application process involves several agencies and steps:

• Submit the temporary labor certification to DOL’s Foreign Labor Certification Office, including job details and recruitment records.

• After DOL approval, file Form I-129 with U.S. Citizenship and Immigration Services, providing supporting documentation.

• Complete housing inspections and ensure all government approvals before workers travel.

Applications typically require several weeks for processing. Workers apply for H-2A visas at U.S. consulates in their home countries. Coordination and clear communication among stakeholders are essential to smooth processing and on-time arrivals.

Ensuring Compliance and Long-Term Success

There are H-2A Visa program requirements that must be met. Compliance is critical throughout employment:

• Record-Keeping: Maintain payroll, housing, work hour, and compliance documentation.

• Wages and Hours: Track hours, pay correctly, and document any deductions in accordance with regulations.

• Safety and Housing: Provide regular training and maintain housing standards for continued compliance.

Positive relationships with reliable workers often improve future efficiency, reduce turnover, and allow employers to request returning workers in subsequent seasons. Early planning for future labor needs is recommended to streamline operations and maintain program eligibility.

Frequently Asked Questions

How far in advance should we apply? Begin the process 120-150 days before the expected start date to ensure timely approval.

Can we hire the same workers each year? Yes. With satisfactory performance, employers can request returning H-2A workers for future seasons.

Head Honchos has helped agricultural employers navigate the H-2A process since 2000. We handle paperwork, compliance, and logistics, allowing you to focus on your business while we secure your seasonal workforce. Contact us to learn more about our support for H-2A hiring.