AdminThe H-2A visa program allows US employers to bring foreign nationals temporarily into the country to fill farm labor jobs. “H-2A” refers to Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act, which defines the classification.
Some key things to know Farm Labor Jobs and H-2A Visa Sponsorship:
- H-2A visas are for temporary or seasonal agricultural work only. This includes jobs like harvesting, planting, drying, packing, etc.
- Workers can typically stay in the US for up to 10 months per year and must leave the country for a period in between.
- Employers must prove they were unable to find enough qualified US workers for the jobs despite advertising openings.
- Workers are guaranteed 75% of the work hours listed in their contracts. If not, employers must reimburse wages.
- Employers must provide housing, transportation, and workers’ compensation insurance to H-2A workers.
- There are no caps on the number of available H-2A visas each year. Demand fluctuates based on seasonal needs.
The program aims to fill labor shortages while protecting workers from exploitation. However, compliance and oversight remain challenges on both sides.
The H-2A Application Process for Employers
Applying to sponsor H-2A workers is a multistep process with strict deadlines employers must follow. Let’s break it down:
1. Job Order and Attestation
Employers submit a job order and attestation forms to their local State Workforce Agency (SWA) or Department of Labor office 45-75 days before work begins. This outlines the job terms and recruitment details.
2. Recruitment of US Workers
The SWA advertises the openings locally and nationally for at least 10 days. Employers must consider all US applicants who are qualified and available.
3. Application for Temporary Labor Certification
Employers complete Form ETA-9142A if no qualified US workers were recruited. This includes wage and recruitment information.
4. Certificate Approval
If approved, employers receive a temporary labor certification from the Department of Labor within 30 days.
5. Visa Application & Processing
Workers eligible for H-2A visas apply at a US consulate. Visas are then granted based on approved job certifications for up to 1 year of employment.
Proper documentation and deadlines are critical. The Department of Labor authorizes and oversees the program, so following procedures closely is important for compliance and visa receipt. Hiring undocumented workers or not paying promised wages can lead to penalties.
Requirements for H-2A Employers
Sponsoring H-2A employees comes with responsibilities set by the Department of Labor. Not meeting obligations may result in fines or disqualification from the program. Some key requirements include:
Housing
Employers must provide clean temporary housing to workers at no cost. This typically includes kitchen facilities, bathrooms, and living space. Occupancy standards limit the number of occupants per room.
Transportation
Employers cover inbound and outbound transportation costs for foreign employees. They must also provide free daily transportation between housing and work areas when work is available.
Wages
The Adverse Effect Wage Rate (AEWR) is the minimum wage employers must pay H-2A workers in each state. This is calculated to avoid negatively impacting US farm wages. Overtime pay is required after 40 hours per week.
Record Keeping
Payroll, hours logs, and I-9 employment forms must comply with statutes like the Migrant and Seasonal Agricultural Worker Protection Act.
Assurances/Contracts
Workers must receive written job order terms in a language they understand before departing their home country. Changes require consent from both parties.
Tools/Equipment
Necessary machinery, tools, safety gear, and supplies to effectively perform job duties must be provided at no cost.
Workers’ Compensation
H-2A employers are legally mandated to purchase state workers’ compensation insurance for all employees. This protects workers injured on the job.
Careful compliance avoids penalties while still filling critical labor shortages. Thoroughly researching regulations is essential before sponsoring foreign employees.
The Application Process for H-2A Farm Labor Jobs
Individuals wishing to work temporarily in US agriculture through the H-2A program follow these general steps:
1. Find an Approved Job Offer
Workers connect with an employer that has received an H-2A labor certification from the Department of Labor for their position(s).
2. Apply for a Visa
Once a certified job is secured, applicants initiate visa processing at the nearest US embassy or consulate in their home country.
3. Schedule Visa Interview
The embassy/consulate contacts applicants to schedule an in-person interview to review applications and supporting documents.
4. Receive Visa Approval & Travel
If approved, the visa is issued with entry details and a period of authorized stay. Workers must then travel to port of entry for final inspection and admission.
Timing is critical, as visas are approved based on the certified employment start date. Healthcare exam, passport, and proof of home country ties are required when applying. Applicants must intend to return abroad after the temporary agricultural job ends.
The visa allows multiple entries into the US during the authorized period to complete the contracted work. Job-tied health insurance is also provided by employer sponsors. Overall, the goal is a simplified process with protections for guest agricultural workers.
Frequently Asked Questions about Farm Labor Jobs and H-2A Visa:
1. What are the fees for applying for an H-2A visa?
The nonimmigrant visa application fee is $190 at the time of interview for most nationalities. This fee covers processing and adjudicating the case. There may be additional fees for things like visa issuance, medical exams, or transportation to/from interviews. But the core $190 application fee is standard.
2. Can H-2A workers change employers?
Yes, but only under limited circumstances. Workers must get written agreement from both the original and new sponsoring employers, as well as approval from the Department of Labor. Changing positions solely to obtain higher wages is typically not permitted outside the 45-day period before or after the contract end date. Continuity of employment is prioritized.
3. Can H-2A status be extended?
Generally no, the visa is approved only for the duration of a single certified job. However, workers who successfully complete their contracts may be eligible for a new H-2A visa sponsored by a different qualifying employer if they meet all application requirements for the new position. Multi-year certifications are also possible in certain situations.
4. Do H-2A workers pay taxes?
Yes, H-2A employees are subject to annual tax filing and payment requirements similar to US residents and citizens. Payroll taxes are deducted from each paycheck by the sponsoring employer. Wages and any other US-source income must be reported on individual tax returns during the authorized stay, even if physical presence in the country is only temporary.
5. How much agricultural experience is required for Farm Labor Jobs and H-2A Visa?
While experience can be an advantage, no direct on-the-job experience is required to qualify for most entry-level positions in crop production, packing, processing, etc. Applicants simply need to meet all other eligibility criteria like medical clearance, proof of education or skills transferable to the job duties, and the ability to perform the work successfully per the contract terms. Employers provide on-the-job training when needed.
Admin
