Frequently Asked Questions

 The H-2A visa program allows U.S. agricultural employers to hire foreign workers for temporary or seasonal agricultural work when there are not enough U.S. workers available. 

H-2A and H-2B visas are both temporary work visas in the United States, but they cater to different industries and job types. H-2A visas are designed for seasonal agricultural workers, addressing the labor needs of U.S. farmers during peak growing seasons. On the other hand, H-2B visas cater to non-agricultural, temporary work positions in various industries, such as hospitality, landscaping, and construction. The key distinction lies in the nature of the work – H-2A for agricultural and H-2B for non-agricultural sectors.

 Foreign workers from eligible countries who have a job offer for temporary or seasonal agricultural work from a U.S. employer can apply for an H-2A visa. The employer must also meet specific regulatory requirements. 

 H-2A workers can stay for the period of employment specified in the labor certification. Extensions can be requested, but the maximum stay for a worker is three years. An H-2A certification, however, is only valid for 10 months per employer barring an extension request.  

 The prevailing wage for H-2A employees is based on the Adverse Effect Wage Rate (AEWR) and differs per state. 

 Employers must prove that there are not enough U.S. workers available, willing, and qualified to perform the temporary agricultural work. They must also show that hiring H-2A workers will not negatively impact the wages and working conditions of U.S. workers. They must also provide housing for these employees. 

  Employers should stay informed about all H-2A regulations, maintain accurate records, provide proper wages and working conditions, and comply with housing and transportation requirements. Working with Field Force can also help ensure compliance. 

  Yes, you are required to house the workers at no cost to the foreign workers and the workers in corresponding employment who cannot reasonably return home at the end of the day. H-2A employers are also required to provide three meals per day or to furnish free and convenient cooking/kitchen facilities where meals can be prepared. 

Department of Labor (Wage and Hour Division) has a regulation concerning “corresponding employment.” This means that any non H-2 worker employed by an employer that has a certified application who performs substantially the same work as the foreign worker have at least the same protections and benefits as those offered or provided to an H-2 worker.

In short, yes, any current, domestic workers you have doing the same work as the foreign workers have to make at least the same wage.