H-2A Temporary Agricultural Workers
H-2A Program Overview
The H-2A visa program allows U.S. agricultural employers to bring foreign nationals to fill temporary or seasonal agricultural positions when sufficient U.S. workers are not available. This program protects both U.S. and foreign workers through strict wage, housing, and working condition requirements administered by the Department of Labor and USCIS.
Program Benefits
- • Legal temporary work authorization in U.S. agriculture
- • Guaranteed minimum wage rates and working conditions
- • Free housing and transportation provided by employer
- • Workers' compensation and employment protections
- • Ability to bring immediate family members (H-4 status)
- • Multiple year eligibility with proper contract completion
Recent Program Statistics
- • Over 370,000 H-2A positions certified in 2024
- • 25% increase in program usage over past 3 years
- • Primary crops: fruits, vegetables, tobacco, nursery
- • Top states: Florida, Georgia, North Carolina, California
- • Average contract length: 7-9 months
- • Worker satisfaction rate: 85% according to DOL surveys
Worker Eligibility Requirements
H-2A Worker Qualification Criteria
- Must be a national of a country designated by DHS for H-2A participation
- Must have a residence in a foreign country which has no intention of abandoning
- Must be coming to the United States to perform agricultural work of a temporary or seasonal nature
- Must have a valid job offer from a U.S. agricultural employer with DOL temporary labor certification
- Must demonstrate ability to perform the agricultural work specified in the petition
- Must have intention to depart the United States upon completion of authorized stay
Eligible Countries for H-2A Program
DHS Designated Countries (Current)
Workers must be nationals of countries designated by the Department of Homeland Security. The current list includes:
Andorra, Argentina, Australia, Austria, Barbados, Belgium, Brazil, Bulgaria, Canada
Chile, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Dominican Republic
Ecuador, El Salvador, Estonia, Finland, France, Germany, Greece, Guatemala
Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Latvia
Liechtenstein, Lithuania, Luxembourg, Madagascar, Malta, Mexico, Moldova, Monaco
Montenegro, Netherlands, New Zealand, Nicaragua, North Macedonia, Norway, Panama
Paraguay, Peru, Philippines, Poland, Portugal, Romania, Serbia, Slovak Republic
Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Thailand
Turkey, Ukraine, United Kingdom, Uruguay
Important: This list is updated annually. Workers from non-designated countries may petition DHS for inclusion based on U.S. interests, but approval is not guaranteed.
Employer Requirements and Responsibilities
U.S. Agricultural Employer Obligations
- Must obtain temporary labor certification from U.S. Department of Labor (DOL)
- Must demonstrate that there are not sufficient U.S. workers available for the temporary work
- Must show that employment of H-2A workers will not adversely affect wages and working conditions of similarly employed U.S. workers
- Must provide free housing to all workers (or pay housing allowance if not provided)
- Must provide free transportation from worker's home country (or reimburse costs)
- Must pay the higher of: federal/state minimum wage, prevailing wage, or Adverse Effect Wage Rate (AEWR)
- Must provide workers' compensation insurance coverage
- Must guarantee employment for at least 3/4 of the contract period
- Must comply with all federal, state, and local employment laws
H-2A Application Process
Complete H-2A Petition and Visa Process
Employer Files Labor Certification (DOL)
U.S. agricultural employer must file Form ETA-9142A with Department of Labor at least 60 days before workers are needed, demonstrating need for temporary agricultural workers.
Required Documents:
- •Form ETA-9142A Application for Temporary Employment Certification
- •Job order with State Workforce Agency (SWA)
- •Recruitment report showing efforts to hire U.S. workers
- •Housing inspection reports
- •Transportation arrangements documentation
DOL Reviews and Certifies Application
Department of Labor reviews the temporary labor certification application, ensuring compliance with recruitment requirements and wage standards.
Required Documents:
- •Evidence of recruitment efforts
- •Prevailing wage determination
- •Housing adequacy documentation
- •Worker transportation plans
Employer Files USCIS Petition (Form I-129)
After receiving DOL certification, employer files Form I-129 petition with USCIS to request H-2A workers for specific agricultural work.
Required Documents:
- •Form I-129 Nonimmigrant Worker Petition
- •Approved temporary labor certification from DOL
- •Evidence of temporary or seasonal nature of work
- •Job description and requirements
- •Evidence of employer's ability to pay wages
Workers Apply for H-2A Visa
After USCIS approves the petition, prospective workers apply for H-2A visas at U.S. consulates in their home countries.
Required Documents:
- •Form DS-160 Online Nonimmigrant Visa Application
- •Valid passport
- •Copy of approved I-129 petition
- •Job offer letter from U.S. employer
- •Evidence of ties to home country
- •Visa application fee payment
Entry to United States
H-2A workers present their visas and supporting documents to CBP officers at U.S. port of entry for inspection and admission.
Required Documents:
- •Valid H-2A visa in passport
- •Form I-94 arrival/departure record
- •Job offer letter and employer contact information
- •Return transportation arrangements
Wage Requirements and Compensation
H-2A Wage Determination Standards
- Adverse Effect Wage Rate (AEWR): Minimum wage rate set annually by DOL to prevent adverse effect on U.S. workers
- Prevailing Wage: The wage paid to similarly employed workers in the geographic area of intended employment
- Federal or State Minimum Wage: Whichever is higher in the state of employment
- Must pay the highest of these three wage rates for all work performed
- Current AEWR rates range from $14.62 to $20.47 per hour depending on state
- Overtime pay required for work over 40 hours per week in most states
- Must provide pay stubs showing hours worked and wages paid
Current Adverse Effect Wage Rates (AEWR) by State
Higher Wage States:
- • California: $20.47/hour
- • Washington: $19.97/hour
- • Oregon: $19.50/hour
- • Connecticut: $18.75/hour
- • New York: $18.63/hour
Lower Wage States:
- • Alabama: $14.62/hour
- • Georgia: $14.85/hour
- • South Carolina: $14.92/hour
- • Mississippi: $15.18/hour
- • Louisiana: $15.25/hour
Employers must pay the highest of: AEWR, prevailing wage, or federal/state minimum wage.
Housing and Transportation Requirements
Employer Housing Obligations
- Free housing must be provided to all H-2A workers and any U.S. workers who request it
- Housing must meet DOL Occupational Safety and Health Administration (OSHA) standards
- Must provide separate sleeping facilities for each worker (no shared beds)
- Must include cooking and laundry facilities or provide meals and laundry services
- Must be inspected and approved by appropriate local, state, or federal authorities
- Alternative: Provide monetary housing allowance if worker arranges own housing
- Housing must be available for entire contract period plus additional time for travel
Contract Periods and Extensions
H-2A Stay Duration and Extensions
- Maximum initial period: 1 year for temporary or seasonal agricultural work
- Extensions: Available in 1-year increments up to 3 years total maximum stay
- Gap requirement: Must depart U.S. for uninterrupted period before returning
- Peak season work: Typically 6-10 months depending on crop cycles
- Year-round positions: Available for certain agricultural operations with seasonal peaks
- Contract modifications: Require DOL approval for significant changes to terms
Important Considerations and Common Issues
Worker Rights and Protections
- • Right to wages and working conditions in job order
- • Protection against retaliation for complaints
- • Access to free legal aid through DOL programs
- • Right to safe working conditions and equipment
- • Protection against discrimination and abuse
- • Right to return transportation at contract end
Common Application Problems
- • Insufficient recruitment of U.S. workers by employer
- • Housing not meeting OSHA safety standards
- • Wage rates below required minimums
- • Incomplete or late DOL certification applications
- • Missing documentation for seasonal nature of work
- • Failure to provide required worker transportation
Recent Program Changes
- • Enhanced electronic filing requirements for DOL applications
- • Increased AEWR rates in most states (average 4.2% increase)
- • New housing inspection requirements and standards
- • Expanded worker complaint mechanisms and enforcement
- • Streamlined visa processing at certain consulates
- • Improved coordination between DOL, USCIS, and State Department
Legal Considerations and Compliance
Important Legal Notice
H-2A visa applications involve complex Department of Labor regulations, USCIS procedures, and employment law compliance. Both employers and workers should consult with experienced immigration attorneys who specialize in agricultural worker programs. Violations can result in program debarment, fines, and criminal penalties.
For Workers
- • Verify employer has valid DOL certification
- • Understand all terms before signing contract
- • Keep copies of all employment documents
- • Know your rights and how to file complaints
- • Maintain valid passport and visa documents
- • Follow all U.S. immigration and employment laws
For Employers
- • Start application process 4-6 months in advance
- • Ensure compliance with all wage and hour laws
- • Maintain detailed payroll and housing records
- • Provide required training on safety procedures
- • Cooperate with DOL and USCIS inspections
- • Understand penalties for program violations
Additional Resources
Department of Labor H-2A Program
Official DOL information on temporary labor certification and H-2A requirements
Visit DOL(opens in new tab)USCIS H-2A Information
Official USCIS guidance on H-2A petitions and visa processing
Visit USCIS(opens in new tab)State Department H-2A Visas
Consular processing information and visa application procedures
Visit State Department(opens in new tab)Form ETA-9142A Application
DOL temporary labor certification application form for H-2A workers
Access Forms(opens in new tab)