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H-2A Visa Program: A Complete Guide for U.S. Farmers Seeking Seasonal Labor

The H-2A visa program is a federal tool designed for U.S. farmers who anticipate a shortage of domestic labor. It allows you to legally bring in foreign workers for temporary or seasonal agricultural work (typically 10 months or less). While the program is famous for its paperwork, it provides a stable, reliable workforce that returns year after year.

The 4-Step Process for Farmers

The process is time-sensitive and usually begins 75 to 60 days before your "Date of Need" (the day you need boots on the ground).

State Job Order: You file a job order (Form ETA-790) with your State Workforce Agency (SWA). They will try to help you find local U.S. workers first.

DOL Certification: At least 45 days before the start date, you apply for a Temporary Labor Certification from the Department of Labor (DOL). You must prove that you've tried to hire locally and that bringing in foreign workers won't drive down wages for locals.

USCIS Petition: Once the DOL approves, you file Form I-129 with U.S. Citizenship and Immigration Services (USCIS) to get the actual "slots" for your workers.

USCIS Petition: Once the DOL approves, you file Form I-129 with U.S. Citizenship and Immigration Services (USCIS) to get the actual "slots" for your workers.

Key Employer Obligations

To use the program, the government requires you to provide certain "guarantees" to the workers:

1. The 3/4 Guarantee:

You must guarantee work hours for at least 75% of the contract period. If you run out of work early, you still owe them for those hours.

2. ​Housing & Meals:

You must provide free housing that meets OSHA or DOL safety standards. You must also provide either three meals a day (for a small fee) or free kitchen facilities for them to cook.

3. ​Transportation:

You are responsible for the cost of their travel from their home country to your farm (usually via reimbursement) and the daily transport between their housing and your fields.

4. ​Wages:

You must pay the Adverse Effect Wage Rate (AEWR), which is a state-specific minimum wage set by the DOL that is often higher than the standard state minimum.

Estimated Costs

While you save on Social Security and Medicare taxes for H-2A workers, there are upfront costs:

  • Filing Fees: Approximately $100 + $10 per worker to the DOL, and around $460–$1,090 to USCIS depending on farm size.
  • Visa Fees: You must reimburse the workers for their $205 visa application fee.
  • Inbound Travel: Expect to pay/reimburse for flights and daily "subsistence" (meals) during travel

  Pro Tip: Many farmers use an H-2A Agent or an association (like WAFLA or USA Farm Labor) to handle the mountain of paperwork and compliance audits, as missing a deadline can derail your entire season.

Get in contact

Get in contact with me and we will guide and assist you with all the information you need

  Global Recruitment -  Avedeen du Plessis
 ​+27 68 123 3587  ​ avedeen@globalrec .co.za
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