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 of a seasonal nature 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 one year.

The Department must determine that:

1. There are not sufficient able, willing, and qualified United States (U.S.) workers available to perform the agricultural labor or services of a temporary or seasonal nature for which an employer desires to hire temporary foreign workers (H-2A workers); and

2. The employment of the H-2A worker(s) will not adversely affect the wages and working conditions of workers in the U.S. similarly employed.

The statute and Departmental regulations provide worker protections and employer requirements concerning wages and working conditions.  The Employment and Training Administration's Office of Foreign Labor Certification (OFLC) has responsibility for administering the Department's H-2A program, including reviewing applications and issuing temporary labor certifications. The Department's Wage and Hour Division has responsibility for investigating and enforcing obligations applicable to the employment of H-2A workers and workers in corresponding employment, including obligations to offer employment to eligible U.S. workers. Please refer to 29 CFR Part 501 for additional information.