The H‐2A Program is authorized under the Immigration and Nationality Act (INA) and
allows a U.S. employer to hire foreign workers on a temporary basis to perform agricultural
work when there are not sufficient U.S. workers available. Before the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) can approve a visa petition for H‐2A workers, the employer must first receive a temporary labor certification
from the Department.
This handy employer handbook developed by the U.S. Department of Labor (DOL) will help you identify your responsibilities as an employer of H-2A workers.
Who Can Participate in The H-2A Program
A U.S. employer or an association of agricultural producers who has full‐time work that needs to be performed on a temporary or seasonal basis may apply to the OFLC for an H‐2A temporary labor certification. The general guidelines below will help you understand whether you are eligible to participate in the H‐2A Program.
- You must be an employer with a place of business physically located in the United States, possess a valid Federal Employer Identification Number (FEIN); and have the ability to hire, pay, fire, supervise, or otherwise control the work of the workers you employ
- The work to be performed must consist of agricultural labor or services, such as the planting, raising, cultivating, harvesting, or production of any agricultural or horticultural commodity.
- The work must be full time, at least 35 hours (or more) per work week.
- The need for the work must be seasonal or temporary in nature and tied to a certain time of the year by a recurring event or pattern, such as an annual growing cycle, normally lasting 10 months or less.