H-2A — Temporary Agricultural Worker

Employer must be a U.S. agricultural employer, agricultural association, or agent

Job must be of a temporary or seasonal nature (typically ≤10 months)

Employer must obtain DOL temporary labor certification (ETA Form 9142A)

Employer must demonstrate insufficient U.S. workers are available

Hiring foreign workers must not adversely affect wages or working conditions of U.S. workers

Worker must intend to depart after the authorized period

Work must be agricultural labor or services of a temporary or seasonal nature

Employer must pay the Adverse Effect Wage Rate (AEWR) or prevailing wage, whichever is higher

Employer must provide free housing or a housing allowance

Employer must pay inbound transportation costs (and outbound if worker completes the contract)

Worker must have the physical capacity to perform the agricultural work (no maximum age)