H-2A Agricultural Labor

Secure a dependable agricultural workforce with our attorney-backed H-2A consulting. We manage the entire seasonal labor lifecycle for U.S. farm operations.

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H-2A Employer Eligibility

Temporary Need

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.

Labor Market Test

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

Strategic Planning

We analyze your agricultural operations to determine seasonal workforce needs and establish a compliant filing timeline.

DOL Certification

Submission of the temporary labor certification request to the DOL, ensuring all housing and wage requirements are met.

USCIS Petition

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.

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

Phase 1: Planning & Infrastructure

Finalize dates, total headcount needs, worksite locations, and ensure compliant housing is secured and ready for inspection.

75-60 Days Out

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.

≈45+ Days Out

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.

Pre-Start Certification

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.

NOA Recruitment

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. 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.

Secure Your Workforce

Schedule an attorney-backed consultation to design a compliant, sustainable labor strategy for your business operations.