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H-2A

Temporary - Agricultural Workers

     

The H-2A temporary agricultural program helps employers who anticipate a lack of available domestic workers bring foreign workers to the U.S. to perform temporary or seasonal agricultural work including, but not limited to, planting, cultivating, or harvesting.

Depending on the type of work you need, temporary or seasonal agricultural work can happen on farms, plantations, ranches, nurseries, ranges, greenhouses, orchards, or other similar locations.

            

  • Seasonal work is when you need more help than usual because the work is tied to a certain time of year by an event or pattern, like a short annual growing cycle.
  • Temporary work lasts no longer than 1 year. 

           

To participate in the program, Navy Financial will work with your State Workforce Agency to earnestly recruit U.S. workers. The State Workforce Agency will publicly post your job order to recruit U.S. workers. You must accept eligible referrals of U.S. workers who apply for the job and contact any former U.S. employees at their last known contact address. When a qualified U.S. worker applies, you must employ them until 50 percent of the work period specified in the work contract has passed.  After 50 percent, there is no continued affirmative obligation to hire.

                                                                                                                                                                             

Employer Requirements

All agricultural US employers committing to the H-2A Visa Process must oblige to the following requirements:

  • Pay the Adverse Effect Wage Rate per state or the prevailing hourly wage rate established by the State Workforce Agency (whichever is higher of the two)
  • Make all deductions from worker’s paycheck required by law. All deductions must be disclosed on the job order.
  • Comply with all Agricultural and Food Processing Orders submitted and received.
  • Provide workers with housing and get an inspection from the State Workforce Agency for worker housing. All housing must comply with applicable local, state, and Federal housing standards.
  • Keep accurate records of all locations worked, worker earnings, hours worked, hours offered, and pay stubs demonstrating all deductions from wages.
  • Reimburse or directly pay all foreign workers visa, border crossing, and visa-related expenses within the first workweek. 
  • Provide each worker with three (3) meals a day or furnish free and convenient cooking and kitchen facilities for workers to prepare their own meals.
  • Reimburse or directly pay all foreign workers for inbound transportation, meals, and/or lodging expenses within the first workweek. Employers must all provide daily transportation to and from place of employment.
  • Pay for the return transportation, meals, and/or lodging for any workers who work until the end of the job order or are dismissed from employment for any reason before the end of that period.
  • Provide workers with any tools, supplies, of equipment required to perform the job at no cost to the employee.
  • Follow all job recruiting requirements according to the regulations.
  • Create an environment that’s free of discrimination and retaliation and contains respect and comradery.
  • Provide documentation for Worker’s Compensation insurance in accordance with your state law.

                                                                                                                                                   

Who is eligible to participate in the H-2A program?

Any U.S. agricultural employer demonstrating a recurring seasonal or temporary labor need may utilize the H-2A program. Examples include:

    

Nurseries

Harvesting

Greenhouse Agriculturalists

Crop Irrigation

Field Crop Agriculturalists (vegetables, fruits, nuts)

Christmas tree growers

Fruit Orchard Processors

Livestock Care and Herding (Sheepherding, Goat herding)

Pesticide and Herbicide Application

General Farm Workers

                                                                                                                                                                                                 

How to start the process?

Please contact Navy Financial by phone or email to discuss your individual needs.

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