The H‐2A Program is authorized under the Immigration and Nationality Act (INA) and allows a U.S. employer to hire foreign workers on a temporary basis to perform agricultural work when there are not sufficient U.S. workers available. Before the Department of Homeland Security’s U.S. 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.
The Department’s OFLC within the Employment and Training Administration is responsible for receiving and processing employer‐filed H‐2A applications, and ensuring as a condition of certification that qualified U.S. workers are not available for the job and the employment of temporary foreign workers will not adversely affect the wages and working conditions of U.S. workers similarly employed. The Department’s Wage and Hour Division is responsible for enforcing the terms and conditions of the agricultural work contract and worker protections under the H‐2A Program.
Who Can Participate?
A U.S. employer or an association of agricultural producers who has full‐time work that needs to be performed on a temporary or seasonal basis may apply to the OFLC for an H‐2A emporary labor certification. The general guidelines below will help you understand hether you are eligible to particip t w ate in the H‐2A Program.