What is the H-2A Visa Program?

H-2A Visa Program

Wolf Labor Industries Provides H-2A guest workers for growers, farmers, harvesters, and garden centers in the agricultural business. Typical H2A job titles for these employers typically include: field workers, farm laborers, field laborers, pickers, packers, and harvesters.

H2A Visa Details

The H-2A temporary agricultural program establishes a means for 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.

Generally, H-2A visas are valid for ten months in most cases, workers who enter the United States under this petition must depart the U.S. when their maximum period of stay has been reached and must accomplish an uninterrupted three-month period before looking at readmission.  Form I-129 may also be used to petition for an extension of stay or change of status for certain nonimmigrants.

H2A Visa are used for?

Foreign agricultural workers (field workers, crop pickers, farm laborers) who will work for US companies to provide labor or services of a temporary or seasonal nature. The employers who most often use H2A visas are: farms, orchards, fruit growers, vegetable growers, tree nurseries, forestry.

"Agricultural" - H2A Employer Requirements

Hourly Wage:

The DOL establishes the applicable H-2A wage rate, called the Adverse Effect Wage Rate (AEWR). The employer pays the higher of either the AEWR or the state prevailing wage rate to both U.S. and H-2A workers. LaborQuest USA will provide you with the exact wage currently required in your area on request, in advance of your applying for the program.

Insurance:

The H2A employer must provide workers’ compensation insurance for all workers. Proof of coverage must be included with the initial application for workers and must cover at least a portion of the certification period.

Housing:

The H2A employer must provide free housing to all workers who are not local workers. Non-local workers are those who are not reasonably able to return to their place of residence each day of employment. The housing must include kitchen facilities. Alternatively, the employer can provide workers three meals a day and be reimbursed by workers for the cost up to federally specified limits per day.

Transportation:

The H2A employer pays for both the workers’ inbound and outbound transportation, from their home country to the place of employment and back to their homes. The H2A employer provides daily transportation to and from job sites. The employer must also provide transportation to town (grocery, bank, etc.) at least once a week.

Recruiting:

U.S. workers continue to have hiring preference over foreign workers in the first half of the season, even after foreign workers arrive. So during the first half of the season, H-2A employers must hire all U.S. job applicants who are ready, willing and able to perform the required job duties.

Work Supplies:

The employer furnishes all tools and supplies necessary to perform the work at no cost to the worker.

Environment:

H2A Employer needs to ensure everyone in the workplace will treat participants with respect and dignity.

"Agricultural" - H2A Process

The H2A Application Process for H2A takes approximately 2 months, from the initial application to the arrival of the employee in the USA.

Step 1

We discuss your business and staffing needs to ensure the H2A Program will match your needs.

Step 2

We arrange your presentation of all H2A paperwork and supporting documentation to file with the Department of Labor.

Step 3

Job advertisements are created and placed in local newspapers and radio to ensure there are no suitable workers available. At the same time, we start recruiting and screening international guest workers' applications for you to review.

Step 4

Upon receiving DOL approval, we decide which international guest workers to hire. We read Employment Agreements to guest workers for their signatures. For a very small fee background and drug screening can also be done.

Step 5

We submit H2A paperwork to the U.S. Government. Once approval has been received, we notify you and the employee.

Step 6

We arrange for employees to apply for the H2A Visa in their home country. After guest workers receive their H2A visa, we arrange transportation to the USA, and to your housing location