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Wage and Hour Division (WHD)

H-2A: Temporary Agricultural Employment of Foreign Workers

Overview

Section 218 of the Immigration and Nationality Act authorizes the lawful admission into the United States of temporary, nonimmigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature. Before the U.S. Citizenship and Immigration Services (USCIS) can approve an employer's petition for such workers, the employer must file an application with the Department’s Employment and Training Administration (ETA) stating, among other things, that there are not sufficient workers who are able, willing, qualified, and available, and that the employment of aliens will not adversely affect the wages and working conditions of similarly employed U.S. workers. Any employer using H-2A workers must have initially attempted to find U.S. workers to fill these jobs. H-2A workers and U.S. workers in corresponding employment must be paid special rates of pay that vary by locality, provided housing and transportation from that housing to the job site if their employment requires them to be away from their residence overnight, and guaranteed employment for at least ¾ of the work period specified in the contract.

Key News

  • On September 4, 2009, the U.S. Department of Labor published a notice of proposed rulemaking to amend the regulations governing the certification for temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of contractual obligations applicable to employers of such nonimmigrant workers. Interested persons are invited to submit written comments on the proposed rulemaking on or before October 20, 2009 (comment period extended from October 5, 2009) at www.regulations.gov. Until such time as a new final rule is promulgated, the regulations which became effective on January 17, 2009 remain in effect.
  • On December 18, 2008, the Department published a Final Rule implementing changes to the H-2A Program. The final rule is effective January 17, 2009. Click here for the Final Rule (PDF).

General Guidance

 

 

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