Immigration and Agriculture

U.S. agriculture depends on seasonal workers for planting, harvesting, and livestock care. When domestic labor is insufficient, the H-2A visa program enables farmers and ranchers to hire temporary foreign workers legally, ensuring crops are harvested and operations continue smoothly.

H-2A Program Basics

The H-2A program covers temporary or seasonal jobs like crop cultivation, harvesting, and livestock tending, lasting up to 10 months. Employers must pay the Adverse Effect Wage Rate (AEWR), provide free housing, meals or cooking facilities, and transportation. Workers receive a three-fourths work guarantee, ensuring payment for at least 75% of contracted hours.

Employer and Worker Requirements

Employers must first recruit U.S. workers via state workforce agencies and hire qualified applicants for at least half the contract period. They file job orders 60-75 days early, obtain labor certification from the Department of Labor, and petition USCIS. H-2A workers need job offers, valid visas, and must meet health and skill standards, with protections against exploitation.

Application Process

Start with a state workforce agency job order, followed by DOL certification and USCIS approval. Workers apply for visas abroad, enter via ports inspected by Customs and Border Protection, and employers ensure ongoing compliance with wages, housing, and safety throughout employment.