H-2A Employer Eligibility
Temporary Need
Labor Market Test
Employers must demonstrate that the request for seasonal labor is temporary or seasonal in nature, typically tied to a specific period of peak agricultural activity.
You must prove there are not enough able, willing, qualified, and available U.S. workers to perform the specified agricultural labor or services at the time and place needed.
Workforce Protections
Employment of H-2A workers must not adversely affect the wages and working conditions of similarly employed U.S. workers. Compliance with housing and transport rules is mandatory.
The H-2A Filing Process
01
Strategic Planning
02
DOL Certification
03
USCIS Petition
04
We analyze your agricultural operations to determine seasonal workforce needs and establish a compliant filing timeline.
Submission of the temporary labor certification request to the DOL, ensuring all housing and wage requirements are met.
Legal preparation and filing of Form I-129 with USCIS, backed by Kirchner Law PLLC for technical precision.
Consular Intake
Coordination with U.S. consulates for worker interviews and final visa issuance to ensure on-time arrival for harvest.
NOA
Recruitment
H-2A Program Timelines
This timeline serves as a general guide for the H-2A seasonal labor lifecycle. It is not legal advice. Contigo recommends employers contact us 6–9 months before the intended start date to allow sufficient time for case strategy, housing inspections, and operational planning.
120-90
Days Out
75-60
Days Out
≈45+
Days Out
Pre-Start
Certification
Phase 1: Planning & Infrastructure
Finalize dates, total headcount needs, worksite locations, and ensure compliant housing is secured and ready for inspection.
Phase 2: DOL & SWA Submission
Submit Form ETA-790A to the Department of Labor (DOL) National Processing Center (NPC) with the State Workforce Agency (SWA) via the FLAG system.
Phase 3: Formal Filing
File Form ETA-9142A. While 45 days is the standard, earlier filing is recommended for strategy. Emergency filings under 45 days require strong justification.
Phase 4: Recruitment & Housing Audit
Conduct positive recruitment and submit the formal report. Ensure housing inspections are completed at least 32 days prior to the work start date.
Phase 5: USCIS & Arrival
Following DOL certification, file Form I-129 with USCIS. Oversee consular processing and coordinate worker arrival for the season.
Ongoing H-2A Compliance & Regulations
The H-2A program requires strict adherence to Department of Labor and USCIS regulations. H-2A employers must follow strict rules on wages, housing, transportation, and recruitment to stay compliant. We ensure your operations remain fully compliant throughout the season.
H-2A Wages
You must offer, advertise, and pay at least the highest of these rates: AEWR, prevailing, collectively bargained, or federal/state minimum. Check your state’s Adverse Effect Wage Rate (AEWR) annually.
Housing
Provide no-cost, approved housing to H-2A and corresponding workers who cannot reasonably return to their permanent residence each day. Housing must meet all applicable federal, state, and local standards and pass inspection for the total number of workers requested.
Transportation & 50 Percent Rule
Provide no-cost daily transportation between employer-provided housing and each worksite, and pay required inbound and outbound transportation and subsistence. Note: elements of the 2024 Worker Protection Rule—including seat-belt provisions—have been the subject of litigation and agency updates; confirm current enforcement status before each season. You must also continue to accept qualified U.S. workers until 50% of the contract period has elapsed, unless you qualify for the small business exemption (for example, fewer than 500 man-days of agricultural labor in the prior season).
Secure Your Workforce
Schedule an attorney-backed consultation to design a compliant, sustainable labor strategy for your business operations.