3.2.2 HOW THE PROGRAM WORKS
the program. Employers must also ensure that hiring H-2A workers will not have an adverse effect on the wages or working conditions of domestic U.S. workers. This means they must pay H-2A workers a wage that is at least equal to the adverse effect wage rate (AEWR), that is, the regional weighted average hourly wage rate for field and livestock workers in the previous year. The application process involves working with the employer’s local State Work Force Agency (SWA), the Department of Labor (DOL), the Citizenship and Immigration Services (USCIS) and the Department of State (DOS). Figure 14 provides an overview of the visa application process.
The H-2A temporary agricultural worker program, also called the H-2A visa program, helps employers who anticipate a lack of available domestic workers to bring foreign workers to the U.S. to perform agricultural work. This can include planting, cultivating or harvesting. 35 To qualify for H-2A classification, the employer must meet certain conditions. First, the nature of the job must be temporary, meaning the work lasts no longer than one year, or seasonal. In addition, the employer must demonstrate that there is a lack of domestic workers who are qualified, willing and available to do the temporary work. If the employer has been affected by a strike, work stoppage or layoff less than 60 days before work is due to commence, they may not qualify for
AN H-2A VISA APPLICATION REQUIRES THE APPROVAL OF FOUR FEDERAL AGENCIES AND SHOULD BE INITIATED 60-75 DAYS PRIOR TO THE START OF THE JOB Overview of the H-2A visa application process
• Employer submits approved job order • Employer submit ETA form 9142 application for temporary labor certification • Employer to advertise job opening to US workers via online portal provided by DOL
• Employer submits I-129 Petition for Non-immigrant worker
• Worker submits approved I-129 and interviews
• Employer submits job order
State Work ForceAgency (SWA)
Department of Labor (DOL)
U.S. Citizenship and Immigration Services (USCIS)
U.S. Department of State (DOS)
Approved temporary labor certification
Approved job order
Approved I-129
Approved H-2A visa
Start of Work
75
50
60 to 75 days prior to start of work
At least 45 days prior to start of work
25
SOURCE: USDA, Roland Berger Figure 14: Overview of the H-2A visa application process 35 H-2A visa program | USDA
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