Understand what is h-2a employer requirements

Январь 27, 2022 – 18:27

What is h-2a employer requirements?

The Immigration and Nationality Act (INA) allows for the legal entry of temporary non-immigrant workers (H-2A employees) to undertake agricultural labor or seasonal services. The H-2A Program restrictions also apply to the employment of U.S. workers by an employer of H-2A workers in any work contained in the ETA-approved job order or any agricultural work conducted by the H-2A workers throughout the job order's duration. Workers in the United States who are in this situation are employed in a similar capacity.

h-2a employer requirements

Employers must demonstrate the need for a specific number of H-2A workers in order for the Department of Labor to certify that there are not enough qualified and available U.S. workers to perform the labor involved in the petition and that the employment of the foreign worker will not have an adverse effect on the wages and working conditions of similarly employed U.S. workers. Employers must engage in positive recruiting of U.S. workers in addition to contacting select former U.S. employees and coordinating recruitment actions through the relevant State Workforce Agency. Employers who hire H-2A workers must hire any qualified, eligible U.S. worker who applies for the position until half of the work contract duration has passed. Employers must provide terms and conditions to U.S. workers that are not less advantageous than those provided to H-2A workers.For people living in Houstan, do check adan vega attorney houston.

Termination of Workers

Employers cannot hire H-2A employees if they lay off U.S. workers within 60 days of the need, unless the laid-off U.S. workers were offered and declined the agricultural job prospects for which the H-2A workers were sought. Only if all H-2A workers are laid off first is it acceptable to lay off U.S. workers in equivalent employment. Employers are only permitted to reject eligible U.S. workers for legitimate job-related reasons.

Employers must notify the Department of Labor (DOL), and in the case of an H-2A worker, the Department of Homeland Security, no later than two working days after a worker is terminated or voluntarily abandons the post, in order to avoid a continued liability for salaries and benefits.


An H-2ALC is a person who meets the H-2A Program's definition of "employer" and is not otherwise qualified as a fixed-site employer or an agricultural association (or an employee of a fixed-site employer or agricultural association) and is engaged in any of the following activities in relation to any worker subject to the H-2A regulations: recruiting, soliciting, hiring, employing, furnishing, housing, or transporting. If you still have any doubts do checkout abogados de migracion en houston tx.

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