● H2a visa employer requirements Employers and their authorized attorneys or agents must submit H-2A job orders (i. Non-agricultural workers with the H2B visa. Work type. The H-2 visa provides various options for employers who meet the program requirements to hire qualified workers to temporarily come to the U. Department of Labor (Department) has published the final rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (the “Farmworker Protection Rule”). Applicants are also required to be a citizen of one of the countries below Create your personalized H-2A visa requirements checklist for your H-2A hiring needs. agents must demonstrate that hiring foreign-born workers through the H-2A visa program will not negatively impact U. The requirements for a U. S. Read FAQ. This program is essential for addressing labor shortages in the agricultural sector. workers who are able, willing, qualified and available to do the temporary The visa holder should be at least 18 years or older. The U. Pay Notice and Work Agreement for H-2A employers. to take up temporary agricultural jobs. e. Department of Labor has published the final rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States. The H-2B program allows U. However, they must meet these requirements: Seasonal or temporary work: The job cannot be a long term permanent position. workers for the positions listed in the Application, including by conducting the following recruitment activities: What is the H 2A Program? The H‐2A Program is authorized under the Immigration and The statute and Departmental regulations provide worker protections and employer requirements concerning wages and working conditions. employer or agent to bring foreign nationals to the United States for temporary or seasonal agricultural jobs. employer offering temporary agricultural work; Intend to return to their home country after the visa expired . agents that meet specific requirements to employ foreign nationals and bring them to the U. The DOL defines these authorized representatives as “agents” and Foreign agricultural workers temporarily admitted into the United States on H-2A visas are subject to special withholding and reporting rules by their employers in the United States. Inspections must be conducted of the housing to certify that it The H-2A visa program enables American employers to temporarily hire foreign workers to fill agricultural jobs that cannot be filled by local U. Farms or U. Department of Labor, and receive a Notice of Approval (I-797) of the petition from U. In a notice of proposed rulemaking (NPRM) published today, DHS proposed modernizing and improving the H-2 The H2 visa is a temporary seasonal work visa designed for two types of workers: Agricultural workers with the H2A visa. agents and their role in the H-2A petitioning process, see 8 CFR 214. View 2021 Report. An agent may also be required if a foreign employer is involved. to perform agricultural labor or services of a temporary or seasonal nature when the employer H-2A visas are extremely beneficial to companies and seasonal agriculture operations who rely upon an influx of workers during critical parts of the year. View 2023 Report. Learn about the H-2A visa process, who can help, costs and employer requirements. employers or agents who anticipate a shortage of domestic workers. What is the H-2A Visa Program? The H-2A visa program permits U. Section 655. The H-2A visa program requires that the employer provide the visa holder with housing, transportation, food, and specific wages. Information for Petitioners (U. agent as described in the regulations, must file Form I-129, Petition for a Nonimmigrant Worker , on a prospective The H-2A program mandates fair wages for temporary agricultural workers to protect them from exploitation. These firms apply for the visa on behalf . By seasonal, this means that the work is within a specified period of time or event. To learn more about U. Book Consultation; Success Stories; Employer’s Post-Approval Notification The H-2A program allows U. Step 3: After the USCIS approves Form I-129, the employees seeking the H-2A visa will need to apply for the H-2A visa with the DOL at a U. This fact sheet provides general information concerning the recordkeeping requirements for employers under the H-2A program. Recruitment: The employer must engage in independent positive recruitment of U. H-2A employers must provide housing at no cost to H-2A workers and to those workers in corresponding employment who are not reasonably able to return to their residence within the same day. View Handbook. 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. FAQ. Meals must meet nutritional standards and be well-balanced. Federal form ETA 790 when properly completed, partially satisfies the requirements of New York's Wage Theft Prevention Act (WTPA). embassy or consulate abroad. In most cases, a new temporary labor certification from DOL is required before you can file Form I-129. Section 218 of the Immigration and Nationality Act allows nonimmigrant, temporary, foreign workers (H-2A visa workers) to enter the United States to work in seasonal or temporary agricultural positions certified to agricultural employers. View 2019 Report. | Ryan Milhollin Assistant Professor, Agricultural Business and Policy Extension Matt Ernst Independent Writer Figure 1. employer, or U. H-2A Visa Applicant Requirements . submitting and overseeing visa petitions, communicating with your state’s workforce agency, and Information about other H-2A requirements can be found in Fact Sheets #26, #26A, #26B, #26C, #26D, #26E, #26F and #26G. You may extend your worker’s H-2A status in increments of no longer than one year by timely filing a new Form I-129 petition on behalf of the worker. Due to the unique requirements of the occupations, which are located in remote areas and require Missouri employers can use the H-2A visa program to get foreign workers for agricultural jobs. The H-2A program allows U. As a result, material terms and conditions of employment, such as the days and hours of work per workweek offered—both by joint employers, The employer is also responsible for either providing three meals a day to workers or providing adequate meal preparation areas. The Department's Employment and Training Administration and Wage and Hour Division published a final rule implementing changes to the H-2A program effective March 15, 2010. to perform agricultural WASHINGTON – Today, the Department of Homeland Security (DHS) took steps to strengthen protections for temporary workers through the H-2A temporary agricultural and the H-2B temporary nonagricultural worker programs (H-2 programs). H-2A workers typically come from rural communities (predominantly in Mexico and Central America), go home after each work season, and return to the same U. The foreign national must have a standing offer of employment to qualify for an H-2A visa, and their prospective employer must meet certain regulatory requirements. Paragraph (a), Agricultural Association Filing Requirements; b. Paragraph (b), Joint Employer Filing Requirements; 3. Under the H-2A Visa Program, employers must 2. employer must obtain a temporary labor certification from the U. All employers filing an H-2A Application for Temporary Employment Certification (Application) or those jointly employing workers with another employer that is filing an application must retain the following documents and records and provide them In order for a US employer to qualify as an H-2A visa petitioner and petition to bring an alien worker, they must meet the following requirements: Offer seasonal or temporary employment; Demonstrate that the hiring of the alien The H-2A visa program is directed at U. Finally, if housing is off-site, the employer must provide transportation, as well as transportation to grocery stores or other needs. or if the worker is not required to obtain a visa to enter the United States, then the subsequent H-2A employer must provide the notice no later than The H-2A program is a federal, nonimmigrant visa program that allows agricultural employers to hire foreign workers for tough-to-fill seasonal jobs. A farmworker cannot file for their own H-2A visa. employer to request an H-2A farmworker visa to the DOL includes: showing that employment is temporary or seasonal (less than 10 months “Yes” indicates the H-2A visa was consular processed and “No” indicates the H-2A visa beneficiary was processed by USCIS in the United States. Along with deciding if they need a temporary work visa for agricultural purposes (the H-2A visa) or other temporary work that requires an H-2B visa instead, petitioners will also want to know about the An H-2A visa allows a foreign national worker into the United States for temporary agricultural work. of the employer. L. The H2A visa allows U. Featured. workers? Employers must recruit qualified U. Pursuant to the Consolidated Appropriations Act of 2022 (Pub. , H-2A Agricultural Clearance Order Form ETA-790/790A) and all required addenda using the electronic method (s) designated by the OFLC What are the requirements for prospective H-2A employers to recruit U. Employer requirements for the H-2A program 2. ”Further information on the final rule is found here. The Employment and Training Administration's Office of Foreign Labor Certification The U. employer year after year. H-2A Employer Handbook. §§ 1101 et seq. . Note: H-2A certification is issued to the employer, not the worker, not transferable from one employer to another or H-2A employers are required to provide a copy of the written work contract (often the certified job order) to all H-2A workers in a language the worker understands, as necessary or reasonable. View 2020 Report. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. Introduction. workers or worker wages in the same type of employment. What Are the Employer Obligations to H-2A Employees? However, the program does require that the employer provide the visa holder with housing, transportation, food, and specific wages. The employment must be of a temporary or seasonal nature, and the petitioner must show that there are not enough U. employers may petition for skilled or unskilled foreign workers written work contract incorporating the required terms and conditions of employment, agreed to by both the employer and the worker, the Form ETA-790A serves as the work contract between employers and workers. The Department’s OFLC within the Employment and Training Administration is Employers of H-2A workers must provide three meals a day or furnish cooking facilities for self-preparation. Staying in compliance with the rules and regulations of the program is critical to your success as an H-2A employer, and housing plays a huge role in compliance. The Farmworker The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U. Clear guidance helps ensure employers comply with obligations, ensuring workers receive necessary nourishment during What is an H2A Visa? The H2A visa is a non-immigrant visa program that allows low-skill, temporary, or seasonal workers to seek employment in the U. Our team of experts stands ready to assist at every step of the way – from consulting to turn-key implementation of our recruitment model. com +1-216-696-6170. However, the minimum age requirement does depend on the type of job and any state or local labor laws where the job is going to be performed. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U. workers. Learn more about the specifics from Farmer Law PC. laborers. Yes, you may apply for change of status on H-2A visa. employer, also known as the H-2A petitioner, must meet all H-2A visa requirements, such as: This fact sheet provides general information on required wages for workers employed under the H-2A visa program. employers or U. There are several requirements of the employer in regard to this visa. This means an active effort, including newspaper and radio advertising in areas of expected labor supply. In most cases, the U. A U. U. to perform agricultural labor or services of a temporary or seasonal nature. employers or agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. This system supports equitable pay, safeguarding worker rights and promoting fair agricultural United States agricultural employers can apply to hire foreign workers under the H-2A program. Home; About us; Housing: Employers are required to provide H-2A workers with fully paid housing. 9, Enforcement of Surety Bond; 4. 131, Agricultural Association and Joint Employer Filing Requirements; a. Employers must adhere to standard pay rates, ensuring compensation matches local or Adverse Effect Wage Rates, aiming to prevent underpayment. employers to hire foreign farmworkers temporarily. Labor impact. The applicant needs to be offering seasonal or temporary work on a farm or in an agricultural setting. The statute and Departmental regulations provide for numerous worker protections and employer requirements with respect to wages and working conditions that do not apply to The H-2A visa program allows a U. The employer must satisfy the following conditions to import foreign workers under the H2A visa: a. 2(h)(2)(i)(F). Concerns Meeting Employer Requirements. 132, H-2A Labor Contractor Filing Requirements; and 29 CFR 501. The H-2A Visa is available to foreign workers who fulfill the following requirements: Have received a job offer from a U. 117-103), the department is publishing a report on the enforcement of farm labor contractors (FLCs) in the H Create your personalized H-2A visa requirements checklist for your H-2A hiring needs. The H-2A program allows U. For Farmers For Jobseekers Working Conditions and Rights For An agent may be needed when the prospective worker is generally considered self-employed or when a worker needs assistance handling contracts among several employers. One of the requirements in the rule is for employers who employ H-2A workers to display the H-2A poster where employees can readily see it. Homeland Security’s U. employers and U. By temporary, it means that the work does not take more than [] Employers will complete this for the employees they are sponsoring (named beneficiaries on the form). Begin your H-2A visa application by submitting the The U. The non-immigrant visa program helps agricultural employers fill labor spots for seasonal, and often recurring labor needs. The H-2A visa is only valid for seasonal, temporary employment that is generally less than a year in length. richardtmherman@gmail. Initial Approval (Workers) H-2A petitions with “New employment” or “New concurrent employment” selected on Part 2, Question 2 of the Form I-129 whose first decision is an approval. employer must file USCIS Form I-129 Petition for Nonimmigrant Worker with the H supplement on behalf of the foreign worker(s). View 2022 Report. employers) H-2 visas are petition-based visas, meaning that a U. If you are changing the job or employer (like H-2A to H-2B), have your new employer file Form I-129, Petition for Nonimmigrant Worker, at the USCIS Regional Service Center with jurisdiction over your residence. Check the approval of your H-2A cases with DOL or USCIS. The H-2A program can provide visas for workers to do In order to assist employers in achieving compliance with New York’s Wage Theft Prevention Act (WTPA), a number of forms and other resources are provided for your use. Many agricultural employers choose to outsource the H-2A certification process to a firm specializing . Employers must demonstrate that they cannot find enough local workers, provide fair wages, ensure safe housing, cover transportation, and comply with specific legal requirements. In the absence of a VISA PROGRAM An Overview of the H-2A Visa for Temporary Agricultural Foreign Labor Workers The H-2A visa is available to employers engaged in agricultural work who cannot find temporary or seasonal help, such as farm workers, ranch hands, irrigators, and orchard workers. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. Track Your H-2A Cases. However, because there are many steps to go through in order to receive this sort of visa, and because of the rules employers must follow once their workers are in the country, it can be beneficial to hire the legal team at Farmer Law H-2A Continuing Employment with the Same Employer. The Immigration and Nationality Act (INA) authorizes the lawful admission of temporary, nonimmigrant workers (H-2A workers) into the U. Citizenship and Immigration Services (USCIS) before scheduling a visa appointment for their workers with the Department of State. This helps address labor shortages in agriculture while ensuring ethical treatment and fair labor practices H2A Statistical Report. 133, Understanding the Basics of The H-2A Temporary Agricultural Worker Program Resources 1 Statutes & Regulations • Immigration and Nationality Act, 8 U. Housing Obligations. The H-2A employer requirements are as follows: Own and CIERTO provides a full range of services to help growers navigate complex H2A employer requirements. in H-2A visas. C. Meal costs can be deducted from wages, but only within legal limits. The H-2A work visa program is designed to give America’s farmers access to seasonal agricultural labor when there aren’t enough domestic employees available or interested in farm jobs. In the case of voluntary withholding of federal income tax on an H-2A agricultural worker, the employer is required to do one of the following: No later than the time at which an H-2A worker applies for a visa and no later than on the first (1 st) day of work for workers in corresponding employment, the employer must provide each worker a copy of the work contract – in a language understood by the worker – which describes the terms and conditions of employment. qpjtdxbkqcwjefwqcfyaxopqlthbsmtscwohnorcjrrmmzycoyi