H-2A Agricultural Labor

The H-2A program allows US agricultural employers to hire foreign workers for temporary or seasonal labor. At Youngblood & Associates, we work with operations like nursery, greenhouse, and cattle farms to secure fully compliant workforces.

Your work qualifies if your needs last no longer than a year or is tied directly to a season, such as planting or harvesting cycles.

You must pay your H-2A employees whichever of these is the highest:

• The Adverse Effect Wage Rate (AEWR) set by DOL

• The federal or state minimum wage

• The rate in a collective bargaining agreement

Workers on an H-2A visa can stay for up to three years, including extensions. After that, they must leave for at least three months before reapplying.

All wages must be paid “free and clear” at least twice per month (or more if required locally).

Yes, you must provide free, inspected housing that meets all federal and state standards, plus:

• Transport or travel reimbursement from the worker’s home to the worksite after 50% of the contract period.

• Return transport when the contract ends.

• Daily transport between housing and the fields.

You must provide each H-2A worker at least 75% of the total hours promised.

• For contracts over 120 days, calculate this in 12-week periods.

• For contracts under 120 days, calculate this in 6-week periods.

• For example: 12 weeks x 40 hours = 480 hours; 480 x 75% = 360 guaranteed hours.

This protects them in the event that bad weather or slow markets reduce work.

Employers may not discriminate or retaliate against workers for asserting rights or filing complaints. H-2A employees are protected by federal and state labor laws, including WHD enforcement under 29 CFR Part 501.

Violations can lead to civil penalties or debarment from the H-2A program.

The H-2 Modernization Final Rule, effective January 17, 2025, includes:

• New grace periods before and after employment

• Expanded whistleblower protections

• Stronger penalties for fee violations

• Permanent portability between H-2 employers

• Clearer USCIS inspection authority