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H-2A Overview

Changes in the enforcement of immigration laws by the Department of Homeland Security, Social Security Administration regulations, and proposals for major immigration law reform could reduce the number of people looking for seasonal agricultural jobs in the United States.

The H-2A program permits agricultural employers to apply for non-immigrant foreign workers (guest workers) to perform any type of farm work of a seasonal or temporary nature. The H-2A program is designed to ensure employers a legal and adequate labor force while protecting the jobs and wages of U.S. workers.

Advantages of the H-2A Program:

Allows you to legally hire foreign workers
if enough U.S. workers cannot be found

Allows you to find workers who
would not otherwise be available

Stabilizes your work force

Who May Apply for the H-2A Program

Any agricultural employer or group of employers who need workers to perform labor of a temporary or seasonal nature may apply for the H-2A or H-2B program.

Single Employer Applications
Individual employers may apply for H-2A labor certifications.

Master Application
Groups of employers may coordinate their individual applications into one master application. This arrangement enables cost sharing, particularly of transportation, and coordinated employment of workers between employers. However, it is less flexible than a joint employer arrangement with regard to movement of workers between employers.

Joint Employer Group Applications
Groups of employers filing together on one application are referred to as joint employers and would be jointly responsible for the workers they employ and for the employment practices of all participating employers in the group. The group would have the flexibility to use the workers in any combination they desire as well as sharing expenses.

When to Apply

All H-2A applications must be at the U.S. Department of Labor no later than 45 days prior to the date of need. To better serve you, we recommend that you submit your application to Northwest Growers Association at least 90 days prior to the date you need workers. In some cases, applications may require 120 days to process.

What You Must Know Before Applying

Workers' Compensation Insurance
The employer must provide Workers' Compensation Insurance for all workers. A Certificate of Insurance must be submitted with the H-2A application

Tools and Supplies
The employer must furnish at no cost to the worker all tools and supplies necessary to perform the work.

Three-fourths Guarantee
The employer must guarantee to offer each worker employment for a minimum of three-fourths of the work period specified in the contract. This guarantee is not calculated daily, weekly or monthly, but as 75 percent of the hours in the entire contract period. For example, if the contract is written for 40 hours per week, the three-fourths guarantee equals an average of 30 hours per week over the entire contract period. Crop failures and some other emergency situations are considered when calculating the three-fourths guarantee.

Fifty Percent Rule
The employer must hire any available and qualified U.S. worker who applies for the job until 50 percent of the contract has lapsed. Employers must hire qualified walk-ins, as well as qualified domestic applicants referred through the Northwest Growers Association and the state employment office. NGA advertises on behalf of the employer and receives referrals from radio and newspaper ads as well as the state employment office. NGA typically performs all interviews except for walk-ins to the farm.

Taxes and Payroll
H-2A workers are exempt from FUTA and FICA federal taxes and are exempt from federal tax withholding. H-2A workers are also exempt from state unemployment insurance taxes in most states. Other state and local taxes may apply, depending on locale.

Miscellaneous Conditions
The employer must keep accurate payroll records. The workers must be provided a wage statement each payday. Workers must be paid at least twice per month. A copy of the work rules and agricultural work agreement (in a language native to the worker) must be provided to all workers. Employers must post all required posters. Weekly payroll time sheets should be in duplicate and be signed by the worker. The original should be kept in the employer's records and the copy given to the worker.