H-2A Program Overview USER:

Who May Apply An agricultural employer May be individual, partnership, or corporation Authorized agent

Where To Apply Signed application must be filed with regional administrator in region of intended employment; and With the State Workforce Agency (SWA) in the area of intended employment simultaneously

What To Submit Application for Alien Certification (form ETA 750), part A, Offer of Employment Agricultural and Food Processing Clearance Order (form ETA 790) Attachments to supplement information requested

Recruitment The employer must engage in positive recruitment of U.S. Workers Active effort, including newspaper and radio ads Must be independent of and in addition to the efforts of the SWA.

Wages Same for U.S workers and H-2A workers Adverse Effect Wage Rate (AEWR), federal/state minimum wage, or prevailing wage rate, whichever is highest

Housing Must provide free housing Must be inspected and approved Rental housing may be provided

Meals Employer must provide 3 meals a day or furnish cooking facilities Employer may charge for meals

Transportation After 50% of work contract period, the employer must reimburse the worker for transportation and subsistence from the place of recruitment to the place of work

Transportation The employer must provide free transportation between the employer’s housing and worksite Upon completion of the work contract, the employer must pay reasonable costs for return transportation and subsistence to the place of recruitment

3/4 guarantee The employer must guarantee to offer each worker employment for at least 3/4ths of the workdays in the work contract period and any extensions 50% rule The employer must hire any qualified and eligible U.S. Worker who applies for a job until 50% of the period of the work contract has elapsed. 3/4 Guarantee - 50% Rule