655.132 H-2A— Filing Requirements for Labor Contractors
Farm Aid H-2A LLC Helps You Meet All Legal Requirements for the H-2A Program
As a trusted H-2A legal assistance agency, Farm Aid H-2A LLC is with you every step of the way. Our team helps you understand and meet all legal requirements for successful H-2A visa program participation.
Who’s An ‘Employer’ in the H-2A Program?
If you want to file an Application for Temporary Employment Certification under the H-2A program, you must meet all the requirements specified in § 655.103(b) under the definition of ‘Employer’.
Additionally, you must be:
- Offering a temporary or seasonal job.
- Prove that the hiring of seasonal workers under the H-2A program will have no adverse impact on the wages and/or living conditions of workers in the U.S.
Area of Employment
The application for Temporary Employment Certification that will be filed by you will be limited to a single area of employment.
This will be the area where the workers furnished for you under the H-2A program will be utilized.
Your application must also include the following information:
- The name and address of each fixed-site agricultural business to which you’ll be
- The anticipated beginning and ending dates when the H-2A workers will be provided to the business.
- The crops and activities H-2A workers will be performing at each location.
- If required by the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) at 20 U.S.C. 1801 et. seq., you must provide a copy of the MSPA Farm Labor Contractor Certificate of Registration. This certificate must specify the labor contracting activities that you have the authority to perform as a Farm Labor Contractor.
- An original surety bond—required by 29 CFR 501.9— to serve as proof of your ability to discharge financial obligations. The bond document should specify the issuer, along with the name, address, contact number, and contact person for the surety. It must also mention the amount of the bond (calculated according to 29 CFR 501.9), along with the identifying designation (if any) used by the surety for the bond.
- Copies of the fully-executed work contracts that you have undertaken with each fixed-site agricultural business.
Housing and Transportation Requirements
If the fixed-site agricultural business you’re in contract with (as a Farm Labor Contractor) will also provide housing or transportation to the furnished H-2A workers, proof of the following must also be submitted with your application:
- All housing facilities that will be utilized by the workers—and are under the ownership, operation, or security of the agricultural business—are in compliance with the applicable standards, which are specified in § 655.122(d). Proof must also be submitted that the facilities are certified by the SWA.
- The transportation arranged by the agricultural business between the site of work and the living quarters provided to the workers must be fully in compliance with all relevant and applicable Federal and State laws, in addition to local rules and regulations.
- The transportation must meet 29 U.S.C. 1841 and 29 CFR 500.105 and 500.120 to 500.128 and the requirements described therein for vehicle safety, driver’s licensing, and insurance of the vehicle, unless pursuant to § 655.125(h), workers’ compensation is used to cover it.