H-2A Visas
At Seasonal Workforce Strategies, we are here to assist with every step of the H-2A visa process.
The H-2A Process
Seasonal Solutions
The H-2A non-immigrant visa program serves American agricultural businesses in need of a temporary or seasonal workforce, particularly in sectors like wholesale plant nurseries, fruit and vegetable growers, and livestock ranchers. Employers who qualify for the program can employ returning seasonal workers year after year and benefit from an established workforce.
The Department of Labor receives over 20,000 H-2A applications annually and there is no limit to the total number of H-2A workers employed in the U.S. each year. If you require temporary or seasonal agricultural workers but continue to face challenges in meeting demand locally, the H-2A program may be your solution.
Your Agent From Start to Finish
Our H-2A Services
Strategizing Your Need
You will be partnered with an experienced SWS Client Services Manager to understand your business and tailor your job specifications so the H-2A program can best meet your needs. You will have the same primary contact throughout the process including worker coordination and post-arrival support.
Labor Certification
SWS will submit applications in accordance with H-2A regulations to your State Workforce Agency and the federal Department of Labor (DOL). Each application is rigorously reviewed to ensure the highest likelihood of approval.
Visa Petition
Upon acceptance from DOL, SWS will file your visa petition with the Department of Homeland Security’s US Citizenship and Immigration Services (USCIS). SWS monitors appointment availability at US consulates and embassies abroad to facilitate timely worker arrival.
Foreign Worker Coordination
SWS works with select foreign worker agents to facilitate worker communication, visa issuance, and travel arrangements. All foreign worker agents are held to the highest ethical standards to ensure that your workers are treated fairly and in compliance with DOL requirements. Foreign worker agents are equipped to locate newly recruited workers as well as communicate with returning workers, as needed. Our established relationships with these preferred worker agents will streamline the H-2A process and take the guesswork out of foreign recruitment.
Compliance and Audit Support
The H-2A regulations can be cumbersome and non-compliance can be costly. At SWS we take compliance seriously and will provide you with the tools to understand and document your obligations. As part of our services, SWS will assist with written responses to routine government audits. Even after your workers arrive our team is always available to answer your questions.
Program Qualifications
H-2A Program Requirements
Temporary Need
The nature of the employer’s agricultural need must be temporary or seasonal in nature and tied to a recurring event, such as an annual growing cycle, normally lasting 10 months or less. Employers may request multiple start dates on the same contract if workers are needed at different times within the contract period.
Job Description and Location
The Department of Labor (DOL) requires a separate application for distinct occupational classifications and, in the case of fixed-site growers, distinct geographic areas of intended employment. Occupational classifications are based on the duties to be performed for the majority of workdays during the contract period. The H-2A terms and conditions of employment apply to H-2A visa workers as well as any U.S. workers in corresponding employment during the contract period.
Required Wages
H-2A employers must offer and pay the highest of the applicable Adverse Effect Wage Rate (AEWR); the prevailing wage for the crop or agricultural activity; the agreed-upon collective bargaining wage; the Federal minimum wage, or the state minimum wage. Most H-2A job opportunities fall into one of five broad occupational categories that are assigned a statewide AEWR based on the required skill level. H-2A workers are subject to a compensation adjustment that accounts for the employer’s provision of no-cost housing to H-2A workers. AEWRs are adjusted and published by DOL annually.
Contact Us Today to Get Started
Are you in search of seasonal workers but finding it challenging to meet the demand locally? Look no further. Let the experts at SWS go to work for you.