Understanding the Basics of the H-2A Temporary Agricultural Worker Program

On Friday, August 23, 2024, from 12 noon–1:00 ET, the Penn State Center for Agricultural and Shale Law, alongside the Pennsylvania Department of Agriculture’s (PDA) Agricultural Business Development Center (ABDC), presented the next webinar in the Understanding Agricultural Law educational series:

“Understanding the Basics of the H-2A Temporary Agricultural Worker Program.”

Authorized by the Immigration and Nationality Act, the H-2A temporary agricultural program allows qualified agricultural employers who lack sufficient domestic labor to bring foreign workers to the United States “to perform agricultural labor or services . . . of a temporary or seasonal nature.” According to the U.S. Department of Agriculture (USDA) Economic Research Service (ERS), “the number of H-2A positions requested and approved has increased more than sevenfold in the past 17 years, from just over 48,000 positions certified in fiscal 2005 to around 371,000 in fiscal year 2022,” with the U.S. Department of State issuing more than 310,000 H-2A visas in 2023.

This webinar provides an overview of the major provisions of the H-2A program, including discussion of the adverse effect wage rate (AEWR), and describes the processes, requirements, and legal issues related to obtaining and employing H-2A employees.

00:12 - Introduction with Jackie Schweichler
04:33 - Understanding the Basics of the H-2A Temporary Agricultural Worker Program, with Audry Thompson
04:47 - Presentation overview
05:19 - What is the H2A Temporary Agricultural Worker Program?
10:14 - Criteria for certification
11:08 - H-2A process overview
14:42 - H-2A employer obligations
18:01 - Adverse effect wage rate
30:45 - Employer obligations for housing, transportation and meals
49:15 - H-2A eligible countries
51:23 - Conclusion and upcoming events