H-2A Program 

The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Employment is of a seasonal nature where it is tied to a certain time of year by an event or pattern, such as a short annual growing cycle, and requires labor levels above what is necessary for ongoing operations. Employment is of a temporary nature when the employer's need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than one year.

 

Information on the Use of the H-2A Program (Data)

The Office of Foreign Labor Certification is making available program factsheets displaying key selected statistics about each of our major immigration programs. These factsheets include cumulative information and are updated on a quarterly basis.

Most recent:

• H-2A Selected Statistics FY2024 Q2
• H-2A Selected Statistics FY 2024 Q3

Previous years, along with other data on the H-2A program can be found at this link (scroll to the H-2A section and bottom of page for Fact Sheets).

 

Resources for those considering or already participating in the H-2A Program:

 DOL: H-2A Program

Foreign Labor Application Gateway (FLAG) System

FLAG: H-2A Program Site

• User Guides
• Video Tutorials

Adverse Effect Wage Rates

Forms

• ETA 9142 A
• ETA 790
• ETA 790A

 

Farm Labor Practices Group

H-2A Process Map

Tips for Getting the H-2A Process Started Right

 

Resource for Understanding Housing Inspections:

Information on understanding the regulations for housing inspections under the Employment and Training Administration (ETA) and Occupational and Safety Health Administration (OSHA) from Lance Butler, State Monitor Advocate, TN Department of Labor and Workforce Development.

• Housing Inspections

 

Labor Management Webinar August 2024
Understanding the Adverse Effect Wage Rate (AEWR) & How AEWR is Calculated

Theresa Varner
U.S. Department of Agriculture
National Agricultural Statistics Service

 

Webinar Video: 

• Understanding the AEWR and How the AEWR Is Calculated 

Additional Resources: 

• USDA NASS Farm Labor Program: An Introduction
  
  
• H-2A Temporary Agricultural Visa Program AEWR Briefing Paper by Brian Pasternak, OFLC ETA USDOL
  
  

 

Labor Management Webinar March 2024
2023 H-2A AEWR Final Rule

Shane Barbour, H-2A Program Director
Office of Foreign Labor Certification
Employment and Training Administration
U.S. Department of Labor

Katharine Stout, H-2A Certifying Officer
Office of Foreign Labor Certification
Employment and Training Administration
U.S. Department of Labor

• H-2A Agricultural Worker Program Adverse Effect Wage, March 21, 2024 Video
  
  
• H-2A Agricultural Worker Program Adverse Effect Wage, March 21, 2024.pdf

 

H-2A Agricultural Worker Program Presentation February 2024

Brian Pasternak, Administrator
Office of Foreign Labor Certification
Employment and Training Administration
U.S. Department of Labor

• H-2A Agricultural Worker Program Presentation by Brian Pasternak, February 2, 2024.pdf

 

For more information click on the Frequently Asked Questions:

• March 9, 2023: USDOL Office of Foreign Labor Certification H-2A AWER Final Rule FAQ
  
  
• July 11, 2023:  USDOL Office of Foreign Labor Certification H-2A AWER Final Rule FAQ

 

Information on the H-2A AEWR Final Rule and "Big 6"

The most common agricultural occupations, known as the "Big 6" will have a single statewide AEWR.

Farmworkers and Laborers, Crop, Nursery and Greenhouse Workers	45-2092
Farmworkers, Farm, Ranch, and Aquacultural Animals	45-2093
Agricultural Equipment Operators	45-2091
Packers and Packagers, by Hand	53-7064
Graders and Sorters, Agricultural Products	45-2041
All Other Agricultural Workers	45-2099

The overwhelming majority of workers will fall into this category, AEWR published in January of each year.

  

From left to right: Miguel Perez, US DOL WH NC CORPS; Drew Long, NC Department of Commerce State Workforce Agency Program Director; Brian Pasternak, Administrator Office of Foreign Labor Certification Employment and Training Administration US DOL; and Richard Blaylock, US DOL WH NC District Director. (February 2024, Southern Farm Show, Raleigh, NC)

Contact information:

Georgia Office of Foreign Labor Certification
Rossany Rios, Director of Grants and Strategic Populations
Office of Workforce Development
Office Phone: 404.679.5446
Email: rrios@tcsg.edu
Website: TCSG.edu/Workforce

Georgia Office of Workforce Development
Felipe Pacheco, State Monitor Advocate
Office Phone: 770-202-5585
Email: fpacheco@tcsg.edu

Kentucky Office of Employment & Training
Kerry Young, State Monitor Advocate
Phone: (270) 231-9782
Email: kyoung@ky.gov

North Carolina Department of Commerce – Agricultural Services
Drew Long, FLC and State Workforce Agency (SWA) Program Director
Phone:  (919) 210-3644
Email:  drew.long@commerce.nc.gov 

North Carolina State Monitor Advocate
Guillermo Fernandez, State Monitor Advocate
Office Phone: (910) 592-5756
Cell Phone:  (704) 880-8651
Email:  guillermo.fernandez@commerce.nc.gov 

South Carolina Office of Foreign Labor Certification
Richard Shobe
Phone:  803-737-1649
Email:  rpshobe@dew.sc.gov

South Carolina State Workforce Agency (SWA)
Diana Goldwire
Phone:  864-315-9751
Email:  dgoldwire@dew.sc.gov

South Carolina State Agriculture Monitor
Abdalis Toro, State Agriculture Monitor
Phone: 803-737-253
Email:  atoro@dew.sc.gov

Tennessee Department of Labor and Workforce Development
Thomas Ayers
Cell Phone: (615) 917-5131
Email:  thomas.ayers@tn.gov

Virginia Foreign Labor Certification
Amanda McLamb Summers, Program Manager
Phone:
Email:

Virginia State Monitor Advocate
Michelle Castelloe Abraham, State Monitor Advocate
Cell:  (804) 786-6094
Email: Carolyn.abraham@vec.virginia.gov