Hiring reliable and skilled agricultural workers can be challenging, especially during peak seasons when local labor is scarce. The H-2A visa program offers a valuable solution — allowing U.S. employers to legally hire foreign workers for temporary or seasonal agricultural jobs. However, the process involves several steps and compliance requirements.
In this blog, we’ll break down how to hire qualified h2a visa workers and ensure your business remains compliant while meeting your workforce needs.
1. Understand What the H-2A Visa Program Is
The H-2A Temporary Agricultural Program, managed by the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS), allows employers to bring foreign nationals to the U.S. for seasonal agricultural work.
Common industries that use H-2A workers include:
- Crop production (fruits, vegetables, tobacco, etc.)
- Livestock and dairy farming
- Greenhouses and nurseries
The key rule: Employers must prove that there are not enough local U.S. workers willing, able, or qualified to perform the temporary job.
2. Verify Eligibility as an Employer
Before applying, confirm that your business qualifies for the H-2A program. You must show that:
- The job is temporary or seasonal in nature.
- The work is agricultural (as defined by federal law).
- Hiring H-2A workers will not negatively impact the wages or working conditions of U.S. workers.
It’s also essential that your business has the financial means to pay the required wages and provide approved housing and transportation for the workers.
3. Submit a Job Order with the State Workforce Agency (SWA)
The first step in the hire qualified h2a visa workers application process is filing a job order (Form ETA-790/790A) with your State Workforce Agency. This should be done 60 to 75 days before the date you need workers.
The job order must include:
- Job title and duties
- Duration of employment
- Work hours and wage rate (must meet the Adverse Effect Wage Rate or higher)
- Housing and transportation details
- Number of workers needed
This step ensures that local workers have the first opportunity to apply before foreign workers are recruited.
4. File the H-2A Application with the Department of Labor
After submitting the job order, you must file Form ETA-9142A with the Department of Labor’s Office of Foreign Labor Certification.
Once reviewed, the DOL will issue a Temporary Labor Certification (TLC) if your application meets all requirements. The TLC confirms that you made genuine efforts to hire U.S. workers and that hiring foreign workers is necessary.
5. Recruit Qualified Foreign Workers
Once certified, you can begin recruiting foreign agricultural workers from eligible countries (as listed by the U.S. Department of Homeland Security).
Many employers work with H-2A recruiting agencies or international labor partners who specialize in sourcing experienced and reliable workers. When choosing workers, focus on those with proven experience in your type of agricultural work, whether it’s crop harvesting, livestock care, or greenhouse operations.
Final Words
Hiring qualified H-2A visa workers can be a game-changer for farms and agricultural businesses struggling with labor shortages. By understanding the legal process, following timelines, and ensuring fair working conditions, employers can build a reliable seasonal workforce while staying compliant with federal regulations.
In short, the key to success lies in preparation, transparency, and proper documentation. When done right, the H-2A program benefits both employers and workers — ensuring America’s farms continue to thrive year after year.
