Recently the Trump Administration announced new revisions to the H-2A guest worker visa program. Through this announcement and corresponding media reports, it is clear there is some confusion about the H-2A program – what it is, why it is needed, what are the legal requirements and how participating guest workers are treated and protected.
Let’s start with what it is. The H-2A program allows employers to legally bring guest workers from other countries into the United States to work on our farms and harvest our crops under labor shortage conditions. These are hard-working individuals who legally and temporarily come to this country to improve their own lives and the lives of their families. Any and all jobs must be offered to American workers first and before workers from other countries can be employed under the H-2A visa program.
Under this program, workers must be vetted by Homeland Security prior to visas being approved and issued. To qualify as an H-2A employer, you must file an application with the U.S. Department of Labor (DOL). The Labor Department Wage and Hour Division has oversight over H-2A worker contracts to ensure workers are paid properly and wage standards are enforced.
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