What H-2A is
H-2A is the federal program that lets a US agricultural employer hire foreign workers for temporary or seasonal farm jobs when there are not enough US workers available. It is the legal pathway most of the largest potato operations use to staff harvest and other seasonal labor.
Three federal agencies share the program:
- US Department of Labor (USDOL), Office of Foreign Labor Certification (OFLC) — reviews and certifies the employer's job order and confirms that no US workers are available to do the work at the offered wage and conditions.
- US Citizenship and Immigration Services (USCIS) — approves the employer's petition to bring foreign workers in.
- US Department of State — issues the actual visa at a US consulate in the worker's home country.
The worker comes in on an H-2A visa for a defined contract period — usually three to ten months — does the agricultural work specified in the job order, and returns home at the end of the contract.
What H-2A is NOT
It is not a path to a green card. The visa is temporary by design.
It is not unregulated. The employer is required to provide housing that meets federal standards, transportation between the worker's home country and the worksite, daily transport to and from the field, and a wage that is at least the Adverse Effect Wage Rate (AEWR) for the state — which the USDOL publishes and updates annually. The AEWR is typically higher than the state minimum wage.
It is not a way to undercut domestic wages. The AEWR is set specifically to prevent that — though the program is politically contested and the rules change. Employers are also required to advertise the job to US workers first and to hire any qualified US applicant who responds during the recruitment period.
It is not a license to mistreat workers. H-2A workers have rights under federal law, including the right to file complaints with USDOL Wage and Hour Division without retaliation. Workers who experience wage theft, unsafe housing, or other violations have legal recourse.
For a worker considering H-2A
If you are a worker outside the US considering H-2A:
- You apply through an employer, not directly to the government. The employer petitions for you. You do not pay the employer for the petition — that fee is the employer's responsibility under federal rules.
- The application process typically runs through a US employer's agent or labor contractor in your home country. Be cautious. Pay-to-play recruiting is a known abuse — if a recruiter is asking you for money to get an H-2A job, that is a red flag.
- Once approved, you apply for the visa at the US consulate or embassy in your country. The State Department's consular section handles the interview.
- Your visa is tied to a specific employer and a specific contract. Working for a different employer outside the contract is a visa violation.
- Keep copies of everything — your contract, your visa, your job order. If anything goes wrong, those documents are your evidence.
For a worker already in the US who wants to understand the program
H-2A is around you on most large potato operations. Understanding it helps you understand your coworkers and your own position. A few things worth knowing:
- H-2A workers and domestic workers are supposed to be paid the same wage on the same job. If you are domestic and being offered less than the H-2A workers on your crew, that is a violation.
- H-2A employers are required to offer the same job to US workers first. If you are looking for harvest work and an employer hires H-2A workers without recruiting domestically, that is also a violation — though it happens.
- You and the H-2A worker next to you on the harvester deck are doing the same work. The crew runs on cooperation.
For an employer considering H-2A
This is not the worker-side site, so we will keep it brief. H-2A is a paperwork-heavy program. Most growers who use it work through an H-2A agent — a contractor that handles the OFLC certification, USCIS petition, worker recruitment, and compliance. MAS Labor, wafla (the Washington-based farm labor association), and NCAE-affiliated agents are examples of legitimate H-2A agents serving multiple regions. The program rules change — read the current USDOL OFLC guidance and consult an agent or attorney.
Where to learn more
- USDOL Office of Foreign Labor Certification (OFLC) — the federal agency that certifies H-2A applications. Their website publishes the program rules, the current AEWR by state, and a public disclosure database of certified H-2A applications. Search "USDOL OFLC H-2A."
- USCIS H-2A page — the immigration side of the program. Search "USCIS H-2A."
- US Department of State, Bureau of Consular Affairs — the visa side. Search "US State Department H-2A visa."
- Farmworker Justice — national nonprofit with detailed worker-side resources on H-2A, including know-your-rights materials in English and Spanish.
- Centro de los Derechos del Migrante (CDM) — binational organization that supports H-2A workers in their home countries before they travel.
- USDOL Wage and Hour Division — the agency that investigates wage and contract violations under H-2A. National complaint hotline.
What this pathway is NOT for
H-2A is not for someone trying to get a green card or permanent immigration status. There are other visa programs and immigration pathways — talk to a qualified immigration attorney. Do not rely on internet advice or a labor recruiter for immigration strategy.
H-2A is also not for someone trying to work in the US year-round. The visa is contract-bound and seasonal. Workers who want a year-round US ag career have other paths — but H-2A by itself is not one of them.
National resources
- USDOL Wage and Hour Division — wage and contract violation complaints, including for H-2A workers.
- AgCareers.com — major ag job board (covers domestic ag jobs, not the H-2A application process).
- National Council of Agricultural Employers (NCAE) — employer-side trade group.
- Farmworker Justice — worker-side rights and H-2A resources.
- Centro de los Derechos del Migrante (CDM) — binational worker support.