Hiring H-2A Farm Workers: A Guide for US Agricultural Employers

H-2A fits when your need for workers is seasonal (tied to a time of year, such as a harvest) or temporary (generally less than one year) and the work is agricultural as defined by federal law. Examples include fruit and vegetable harvests, nursery and greenhouse seasons, planting, and some livestock work. Range sheep and goat herding have special rules.

H-2A does not fit year-round jobs. Most dairy, hog, and poultry operations need workers all year, so they generally cannot use it. Options there are a permanent EB-3 green card through PERM, which is slow, or hiring workers already authorized to work in the US.

Non-farm seasonal jobs such as landscaping, seafood processing, and hotels use H-2B instead. For the worker's side, see the H-2A visa page. For a comparison with Canada's farm programs, see hiring agricultural workers from abroad.

Employers can be individual farms, agricultural associations (which may file as joint employers), or H-2A labor contractors (H-2ALCs). Labor contractors must hold a federal Farm Labor Contractor certificate and post a surety bond with DOL.

Workers must:

• Be nationals of a country on the list DHS publishes of countries eligible for H-2A and H-2B (USCIS can approve others in the US interest)
• Meet the job's stated experience requirements, which must be normal for the crop and area
• Intend to return home at the end of the job

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

You must pay at least the highest of the Adverse Effect Wage Rate (AEWR), the prevailing wage, any agreed collective bargaining rate, or the federal or state minimum wage.

What changed. On October 2, 2025, DOL issued an interim final rule that sets AEWRs by skill level using Bureau of Labor Statistics data and, for the first time, lets employers take a housing adjustment against the cash wage for H-2A workers who get free housing.

The court ruling. In United Farm Workers v. DOL (E.D. Cal.), the court found the rule's method unlawful but did not vacate it. Under the court's order, DOL issued a notice on September 2, 2026:

• The current AEWRs stay in effect for now.
• No back pay is owed today, but employers with certified, pending, or new applications may later have to pay wage adjustments to H-2A workers and US workers in corresponding employment.
• The possible back-pay period runs from September 2, 2026 until DOL publishes new AEWRs under a new method. DOL has not said when.

What to do: keep accurate records of every worker's name, address, contact details, Social Security number where available, hours, and pay, so you can calculate and pay any adjustment later. Budget for the possibility. Read DOL's September 2, 2026 announcement and check the current AEWR for your state and occupation on the DOL foreign labor site.

DOL's Wage and Hour Division (WHD) enforces these conditions:

Workers in corresponding employment (US workers doing the same work) must get the same wages and benefits. Violations can lead to back wages, civil money penalties, and debarment from the program.

Many farms use an agent or association to file. Their fees are extra. Compare with the US employer cost guide and the sponsorship cost estimator.

Work backward from your date of need (the first day you need workers):

Under DHS rules in effect since January 2025, a new H-2A employer can usually have a worker already in H-2A status start once it files a petition, and workers have a grace period after their job ends to find another H-2A employer or prepare to leave. Workers can stay in H-2 status up to 3 years in total before they must spend time outside the US.

• Filing late. DOL's timing rules are strict; a late job order pushes back the start date.
• Housing that fails inspection or is not ready when workers arrive.
• Not tracking hours for the three-fourths guarantee, especially in a short season.
• Deductions that cut pay below the required wage, or deductions not disclosed in the job order.
• Using a recruiter who charges workers. You are responsible for making sure no fees are charged.
• Treating US workers differently from H-2A workers in the same jobs.
• Poor records during the AEWR litigation. Without contact details and payroll data, paying any future adjustment will be hard.