Staffing an agricultural enterprise is a challenging endeavor. There’s certain work that requires attention on a daily basis. However, a large amount of the work performed on successful farms is seasonal. Farmers maintaining large orchards, for example, have to trim their trees in the early spring. They may engage in daily spraying until the fruit matures. They then need a large number of workers putting in overtime hours to bring in the right fruit before it spoils.
There are similar seasonal obligations for every different type of crop and many different animal husbandry operations. The seasonal work on the farm does not provide steady, permanent employment for full-time workers. Most farmers close the gap between what they and their full-time workers can do and the services they require by seeking temporary agricultural workers.
Many of those workers are foreign nationals who enter the United States and travel regionally for seasonal work. A farmer may need to apply for H-2A visas accordingly. What does that process entail?
Obtaining a temporary labor certification
The United States Department of Labor oversees work-related visas to ensure that businesses do not undercut the domestic market or bring in foreign workers when there are adequate domestic professionals to fill vacancies. Farmers have to provide information about the type of workers they require, the geographic region in which they operate and even the name of the organization that they use for hiring temporary workers.
Filing Form I-129
After securing a temporary labor certification from the Department of Labor, the farmer then needs to make a request to the United States Citizenship and Immigration Services (USCIS). The agricultural professional must pay a fee and provide the original temporary labor certification to validate that they need to hire temporary foreign workers to fulfill key operations on their farm.
Filling vacant positions
Once the USCIS reviews and approves the farmer’s form I-129 petitioning for temporary hiring rights, workers interested in filling vacancies have to apply for a visa. They must provide documentation affirming their identity and seek admission to the United States in a lawful manner.
The H-2A visa typically persists for up to a year and allows for two renewals. Non-immigrant agricultural workers can stay in the United States for three years at a time performing temporary agricultural work. They generally have to exit the country for at least 60 days after the visa expires and then apply again if they want to return to the country to work. There are many rules that govern agricultural visas and employment arrangements.
Farmers trying to obtain temporary staff may need assistance communicating with the Department of Labor and the USCIS. Obtaining legal assistance when navigating the employment visa process can help farmers focus on what they do best while setting them up for accessible, temporary staffing from people eager to work at agricultural businesses.
