Fact Sheet #26: Section H-2A of the Immigration and ...

Department of Labor Wage and Hour Division (February 2010) Fact Sheet #26: Section H-2A of the Immigration and Nationality Act (INA) This fact Sheet provides general information concerning the application of the H-2A requirements to the agricultural industry for H-2A applications submitted on or after March 15, The Immigration and Nationality Act (INA) authorizes the lawful admission of temporary, nonimmigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature. The Department of Labor s regulations governing the H-2A Program also apply to the employment of workers by an employer of H-2A workers in any work included in the ETA-approved job order or in any agricultural work performed by the H-2A workers during the period of the job order. Such workers are engaged in corresponding employment. Overview of Employer contractual Obligations Recruitment of Workers: In order for the Department of Labor to certify that there are not sufficient workers qualified and available 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 workers, employers must demonstrate the need for a specific number of H-2A workers.

Overview of Employer Contractual Obligations . Recruitment of U.S. Workers: In order for the Department of Labor to certify that there are not sufficient U.S. workers qualified and available 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

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