Hiring Farm Workers from Abroad: H-2A, SAWP, and Other Routes

H-2A has no annual cap, and the work must be seasonal or temporary. The employer:

• Files a job order 60 to 75 days before the date of need, then the H-2A application with DOL at least 45 days before
• Pays the highest of the Adverse Effect Wage Rate (AEWR), prevailing wage, agreed rate, or minimum wage
• Provides free inspected housing, meals or cooking facilities, and daily transportation
• Reimburses inbound travel at the 50% point and pays return travel
• Guarantees work for 75% of the contract hours
• Never lets workers pay recruitment fees

The AEWR ruling. DOL's October 2, 2025 interim final rule set AEWRs by skill level and allowed a housing adjustment. In United Farm Workers v. DOL, a federal court in California found the method unlawful but did not vacate it. DOL's September 2, 2026 notice says current AEWRs remain in effect and no back pay is owed now, but employers may later owe wage adjustments for the period starting September 2, 2026 until new AEWRs are issued. Keep complete payroll and contact records. Details: H-2A employer guide.

Nationals of the 19 countries fully covered by the travel ban cannot get H-2A visas since January 1, 2026.

Seasonal Agricultural Worker Program (SAWP). For on-farm primary agriculture in listed commodities, with workers from Mexico and participating Caribbean countries selected by their own governments. Workers stay up to 8 months between January 1 and December 15. The farm needs an LMIA (no fee for on-farm primary agriculture), signs the country's SAWP contract, pays the program wage, provides inspected seasonal housing, and arranges health coverage until provincial coverage starts. Many farms name returning workers each year.

Agricultural Stream. For workers from any country, for seasonal or year-round primary agriculture jobs on the program's commodity list. Farms must provide housing and follow the stream's wage rules. On-farm primary agriculture positions pay no LMIA fee.

Low-wage limits don't hit primary agriculture the same way. Primary agriculture is exempt from the low-wage refusal in 26 of 41 metro areas (July 10 to October 8, 2026), and food manufacturing (NAICS 311) is exempt too. See the refusal areas list.

Canada:

• The Agri-Food Pilot closed to new applications on May 14, 2025.
• Express Entry dropped its agriculture and agri-food category for 2026.
• Provincial options: Saskatchewan's Agriculture Talent Pathway (agriculture is a priority sector with no intake windows), and farm owner streams such as Alberta's Farm Stream and Manitoba's Farm Investor Pathway. See PNP employer streams.
• RCIP communities such as Steinbach, Altona/Rhineland, and Claresholm, and the Atlantic Immigration Program for year-round TEER 0-4 jobs.
• Pending farm-worker PR files in smaller communities may be sped up under the 2026 In-Canada Workers Initiative.

Seasonal SAWP jobs rarely lead to PR, because most programs need full-time, non-seasonal work.

USA: H-2A does not lead to a green card. A year-round farm job can support PERM and an EB-3 "skilled" or "other worker" green card, but waits are long and immigrant visa interviews abroad have been paused since August 25, 2026.

Greenhouse and nursery workers often arrive early in the year, while fruit and vegetable harvest workers usually arrive in spring or summer. Check USCIS times on the processing times tool and Canadian work permit times on our processing times tool.

Housing, meals, and transportation are usually the largest costs for farms in both countries. See US costs, Canada costs, and the sponsorship cost estimator.

• Housing that fails inspection. Both countries inspect farm worker housing. Book inspections early.
• Using H-2A for a year-round job such as milking.
• Recruiters who charge workers. Banned in H-2A and in Canada. Nobody can sell a SAWP spot.
• Wage errors in piece-rate pay that fall below the required hourly rate.
• Poor records during the AEWR litigation.
• Treating local workers differently from foreign workers doing the same job.
• Taking passports or permits. Workers keep their own documents in both countries. See Canada employer compliance and I-9 and E-Verify.