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:

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

Farm Labor Practices Group

H-2A Process Map

Tips for Getting the H-2A Process Started Right

Resources for Understanding Housing Inspections:

ETA Housing Safety and Health Checklist

This Housing Safety and Health Checklist may be used as an aid by agricultural employers, farm labor contractors, and other providing housing subject to requirements under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) or the H-2A visa program. The standards are applicable to housing that was completed or under construction prior to April 3, 1980 or was under a signed contract for construction prior to March 4, 1980.

ETA Housing Safety and Health Checklist

OSHA Housing Safety and Health Checklist

This Housing Safety and Health Checklist may be used as an aid by agricultural employers, farm labor contractors, and other providing housing subject to requirements under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) or the H-2A visa program. The standards are applicable to housing for which construction started on or after April 3, 1980.

OSHA Housing Safety and Health Checklist

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:

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 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:

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 Career Development Office
Katie Houghlin, Executive Director
Phone: (502) 782-3238
Email: KatieM.Houghlin@ky.gov

Scott Neal, Foreign Labor Certification
Phone: (606) 219-7513
Email: james.neal@ky.gov

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
Jose Chicas, State Monitor Advocate
Cell Phone: (919) 530-0112
Email: jose.chicas@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