The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Examples of industries with potential seasonal or temporary needs that can use the H-2A Visa program include:
- Field crop growers
- Greenhouses and nurseries
- Organic and other specialty agricultural businesses
- Wheat, grain and hay growers
- Stables and equine facilities
- Christmas tree growers
- Fruit and vegetable growers
- Tobacco growers
Employment is of a seasonal nature where it is tied to a certain time of year by an event or pattern, such as a short annual growing cycle, and requires labor levels above what is necessary for ongoing operations. Employment is of a temporary nature when the employer's need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than 1 year.
The U.S. Department of Labor must determine that:
- there are not sufficient able, willing, and qualified U.S. workers available to perform the temporary and seasonal agricultural employment for which nonimmigrant foreign workers are being requested; and
- employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. The statute and Departmental regulations provide numerous worker protections and employer requirements with respect to wages and working conditions.
If you have any questions or would like to set up a consultation, Andy awaits your call at (910) 592-4121.
DISCLAIMER: Because of the generality of this information, what is provided herein may not be applicable or suitable in all situations and should not be acted upon without specific legal advice based on your particular situation.
