Andrew Jackson Law

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 1 year.

Andrew Jackson Law works with growers and farm labor contractors across the United States. From berry and citrus hand-harvesters in Florida to sweet potato diggers in North Carolina, we can help you obtain a reliable, productive, and legal workforce. E-verify is a concern for agricultural employers.

H-2A employers must hire all eligible, willing and qualified U.S. workers who make themselves available to perform the work. Unless exempted from the Fifty Percent Rule, this obligation lasts until 50% of the work contract period. The 50% Rule requires H-2A employers to hire all qualified, able, willing and available U.S. referrals until 50% of the work contract has elapsed.

You get your housing certified and cooperate with your state workforce agency to recruit domestic workers. We draft and place required newspaper advertising on your behalf and advise you throughout the recruitment process. We obtain your labor certification from U.S. Department of Labor and visa approval from Department of Homeland Security.

H2-A visas require a multi-level government application process that must comply with extensive agency regulations. The time you would have to spend reading through the statutes and accompanying regulations, as well as worrying about completing and filing the necessary paperwork, could be better spent focusing on your business.