H-2A: Seasonal Foreign Agricultural Workers Lawyers

What Is an H-2A Visa Work Permit?

The H-2A program provides temporary visas to agricultural employers so that they can hire foreign labor for temporary or seasonal work.  Employers must first show that there are not enough U.S. workers to fill these positions before an H-2A petition will be granted.

What Are the Conditions for H-2A Certification?

There are several conditions that an employer must meet before an H-2A application will be granted:

• Recruitment - The employer must engage in recruiting U.S. workers through active methods, including radio and newspaper advertising in areas of expected labor supply. 
• Wages - The wages paid to foreign workers must be the same as for U.S. workers and meet required legal minimums or applicable prevailing rate in the area for similar work.
• Housing - The employer must provide free housing to workers who are not reasonably able to return to their own homes each day.  The housing must be inspected an approved according to applicable standards.
• Meals - The employer must provide either three meals a day at a reasonable price or provide free and convenient cooking facilities for workers to prepare their own meals.

The employer is also required to provide unemploymeny insurance and all tools and supplies required by workers.  All employees must be guaranteed employment for three-fourths of the workdays during the work period, and the employer must hire any U.S. worker who applies for the job before 50% of the work period has elapsed.

How Can an Employer Apply?

An employer must file an application with the U.S. Department of Labor National Processing Center and local State Workforce Agency at least 45 days before the work is to begin.  If the application is accepted, the Department of Labor will inform the employer of the requirements before foreign workers can be found.  Once the employer has complied with these, the employer will be granted certification to hire the specified number of foreign workers.

Do I Need a Lawyer?

If you are an employer seeking to hire seasonal foreign labor, the process can be very long and complex.  An experience immigration attorney can help guide you through the process and make sure all regulations are complied with.  An attorney can also help you in an appeal if an application is not granted.