Frequently Asked Questions

 

H-2A PROGRAM

Top FAQs

1. How long does it take to hire foreign labor?
Answer:  We suggest you plan ahead as it generally takes about 90 days to attain an H-2A worker(s).

2. How much do we pay an H-2A farm and ranch worker?
Answer:  Employers are required to pay the highest of the Adverse Effect Wage Rate (AEWR), the prevailing hourly wage or piece rate, the agreed-upon collective bargaining wage, or the Federal or State minimum wage.

3. How long can an H-2A foreign worker stay in the U.S. legally?
Answer: H-2A workers are allowed to work in the U.S. up to 10 months, then they must return home for 3 months before returning to the U.S. on a work visa.

4. Are we required to provide housing for our H-2A workers?
Answer: Yes, in all cases you must provide housing at no cost to your worker(s). Your housing will need to be approved and certified by the U.S. Department of Labor.

5. How often do we have to pay our H-2A workers?
Answer:  Twice per month.

6. Do all countries qualify to issue work visas for workers to come to the U.S.?
Answer:  No, the workers must be from a country that is on the approved H-2A country list.

7. Do we have to pay overtime to an H-2A worker?
Answer: Only in California.

8. How many hours is an H-2A worker allowed to work per week?
Answer:  You are required to pay a minimum of 38 hours per week. However, Sheepherders and Open Range Livestock workers are required to be “On-Call” 24/7.

9. Are the H-2A workers required to have experience?
Answer:  Yes, they are required to have a minimum of 3 months experience – depending on their position.

10. Do we have to pay for our H-2A worker(s) transportation?
Answer:  Yes, employers are required to pay for incoming and outgoing transportation.