Legal Support for Hiring Seasonal Agricultural Workers
At SHV Law Corporation, we help California’s agricultural employers lawfully hire foreign workers through the H-2A visa program. This allows farms to address seasonal labor shortages by bringing in temporary agricultural workers when qualified U.S. labor is unavailable.
This guide is tailored for farmers, vineyard owners, nursery operators, and farm labor contractors (FLCs) seeking efficient and compliant hiring solutions — from wage determination to visa issuance.
What is the H-2A Visa Program?
The H-2A visa allows U.S. agricultural employers to temporarily hire foreign workers for seasonal agricultural jobs. The program is jointly managed by:
- S. Department of Labor (DOL)
- S. Citizenship & Immigration Services (USCIS)
- S. Department of State (DOS)
There is no annual cap on H-2A visas, making the program accessible and scalable for eligible employers.
Who Qualifies for the H-2A Program?
To participate in the H-2A program, an agricultural employer must:
- Have a seasonal or temporary labor need (typically no more than 10 months): The position must relate to a specific season or agricultural cycle — not be permanent.
- Show a shortage of qualified U.S. workers: Employers must actively recruit domestically and document that no local workers are available or willing to fill the roles.
- Provide free housing that meets legal standards: Housing must be inspected and approved by the California State Workforce Agency and meet OSHA or ETA guidelines.
- Pay the Adverse Effect Wage Rate (AEWR) or prevailing wage: This ensures wages offered to H-2A workers do not negatively affect domestic wages.
- Cover transportation and meals: Employers must pay for inbound and outbound travel, meals, and lodging for the workers during transit.
View the list of H-2A eligible countries (DHS)
Understanding the Adverse Effect Wage Rate (AEWR)
The AEWR is the minimum hourly wage H-2A employers must pay. Set annually by the DOL, it protects U.S. workers by ensuring foreign labor does not drive down wages.
In California, H-2A employers must pay the highest of:
- AEWR
- State minimum wage
- Local prevailing wage
Step-by-Step H-2A Process in California
Phase 1: Prevailing Wage & Job Order
- File ETA-9141 with DOL for wage approval
- Submit ETA-790/790A to California’s SWA (CalJOBS)
- Start 60–75 days before intended job start date
Phase 2: Temporary Labor Certification
- File ETA-9142A after job order acceptance
- Recruit U.S. workers per DOL guidelines
- Receive certification upon proof of unfilled demand
Phase 3: USCIS Petition
- File Form I-129 with certified ETA-9142A
- Include supporting job terms and worker info
- Optional: Request 15-day Premium Processing
Phase 4: Consular Processing
- Workers complete DS-160 and attend visa interviews
- Upon visa approval, they travel to the U.S. and begin employment
Estimated Timeline
| Step | Timeframe |
| Prevailing Wage | 2–3 weeks |
| Job Order & SWA Review | 1–2 weeks |
| Labor Certification & Recruitment | 3–4 weeks |
| USCIS Petition (I-129) | 2–6 weeks |
| Consular Visa Processing | 2–3 weeks |
| Total | 75–120 days |
Housing Requirements (20 CFR § 655.122(d))
Employers must provide free housing that:
- Meets OSHA or ETA safety standards
- Is inspected and approved by California’s SWA
- Offers potable water, proper beds, clean cooking and sanitation facilities, and fire protection
Housing must be fully ready before workers arrive.
U.S. Worker Recruitment Obligations
Before hiring foreign labor, you must:
- Post your job order and accept SWA referrals
- Contact U.S. workers from the previous season
- Follow any DOL instructions for additional advertising (e.g., newspaper)
- Maintain a recruitment log documenting all outreach and hiring decisions
50% Rule: You must continue hiring qualified U.S. applicants until half the job contract has passed.
H-2A Visa Fees & Employer Costs
Government Fees:
- USCIS I-129: $1,015
- Fraud Prevention Fee: $150
- DS-160 Visa Application: $190 per worker
- Premium Processing (optional): $2,805
Employer Responsibilities:
- Worker transportation (to/from worksite)
- Meals or per diem during travel
- Tools, equipment, and safety gear
- Housing setup and inspection readiness
Why Partner with SHV Law Corporation?
We provide comprehensive legal support for H-2A employers across California:
Prevailing wage & job order preparation- Labor certification & recruitment strategy
- Petition filing with USCIS
- Worker visa interview preparation
- Housing compliance and audit readiness
Based in Tracy, CA — we understand the labor needs of California agriculture.
Contact SHV Law Corporation Today Hire seasonal workers legally and efficiently with a trusted legal partner.
