H2A Program (Agricultural)

The H2A Program provides a solution to the current labor market shortage by enabling companies that qualify for the federal H2A program to acquire seasonal migrant labor to come and work for only those companies on a legal work permit.

FEWA helps companies across America tap into the labor market of the world. Employer members have brought labor in from Mexico, El Salvador, Guatemala, Belize, Dominican Republic, Costa Rica, Brazil, Hungary, Norway, and the United Kingdom-Scotland, to mention a few.

For more information on the H2A program, please fill out The Information Request Form, or call toll free 1-877-H2B-FEWA.

The FEWA H2A Membership includes:

• Individual Guide that is dedicated to assisting you throughout the process
• Filing assistance for all the government forms required to certify an employer to bring in seasonal labor needed to meet peak market demand
• Bilingual staff to help explain the program to domestic and foreign workers
• World Wide assistance in facilitating workers arrival to the U.S.
• Access to association staff counsel
• Newsletter, legislative alerts, educational seminars
• Constant communication in English and Spanish throughout the entire season, even after you workers arrive
• The "members only" reference E-Guide Book
• MemberAdvantagePro (MAP) system ensures that you know your case status at every step and assures a timely process
• MAP gives you real time arrival and visa results in Mexico
• Fighting for you in Washington DC - Member of the National Council of Agriculture Employers, Member of Essential Worker Immigration Coalition, Trade Association Advisory Council for Immigration Works  and Executive Committee for H2B Workforce Coalition
• Allied Affiliate Association (AAA) Member Program - Find out if you are currently a member of FEWA's AAA members and receive your 15% discount by visiting http://www.fewaglobal.org/affiliate.php (Talk to your local/state association about joining FEWA FREE of charge)
• Your workers are members too!

FEWA Worker Member Benefits

• Expedited appointment scheduling using FEWA's MemberAdvantagePro system
• Assistance with the visa appointment process
• FEWA Membership card used for discounts on travel and lodging in Mexico, Also used for identification purposes in the states. (Ex. At a routine traffic stop they will be able to identify who they work for.)
• FEWA Worker Member Newsletter in Spanish and English
• Eligibility to apply for the FEWA Scholarship for workers and their children
• Eligibility to apply for the Worker Relief Fund
• Bilingual staff to help with any questions or concerns throughout the year
• Access to association staff counsel
• Voice in Washington, DC for legislative relief to reassure return for next season

United States Department of Labor Overview

H-2A Certification for Temporary or Seasonal Agricultural Work

The H-2A temporary agricultural program establishes a means for 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. Before the U.S. Citizenship and Immigration Services (USCIS) can approve an employer's petition for such workers, the employer must file an application with the Department stating that there are not sufficient workers who are able, willing, qualified, and available, and that the employment of aliens will not adversely affect the wages and working conditions of similarly employed U.S. workers. The statute and Departmental regulations provide for numerous worker protections and employer requirements with respect to wages and working conditions that do not apply to nonagricultural programs. The Department's Wage and Hour Division, Employment Standards Administration (ESA) has responsibility for enforcing provisions of worker contracts.

"Temporary or seasonal nature" means employment performed at certain seasons of the year, usually in relation to the production and/or harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign workers(s) is truly temporary.

Qualifying Criteria

The following general categories of individuals or organizations may file an application:

• An agricultural employer who anticipates a shortage of U.S. workers needed to perform agricultural labor or services of a temporary or seasonal nature, may file an application requesting temporary foreign agricultural labor certification. "Temporary or seasonal nature" means employment performed at certain seasons of the year, usually in relation to the production and/or harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign worker(s) is truly temporary.
• The employer may be an individual proprietorship, a partnership or a corporation. An association of agricultural producers may file as a sole employer, a joint employer with its members, or as an agent of its members.
• An authorized agent, whether an individual (e.g., and attorney) or an entity (e.g., an association), may file an application on behalf of an employer. Associations may file master applications on behalf of their members.

Things to keep in mind about the H2A Program

Frequently asked questions regarding the H2A Program