A Breakdown of the H-2A Timeline
Applying for a Temporary Labor Certificate and petitioning the government to bring employees over to work for your business on an H-2A work visa is a very time-sensitive process.
To help give you a better sense of the H-2A program and its processes, we’re breaking down the H-2A visa program timeline. We’ll give you a realistic timeline so you know how long it takes to hire skilled, qualified foreign employees for your farm or agribusiness.
Steps in the H-2A Timeline
It’s important to know that your farm and agriculture jobs are attractive to foreign ag workers despite not having enough or any interested domestic applicants. However, there are several steps to take before employees even get on a plane to come to America and start working for your farm or agribusiness.
Finding reliable employees is tough, especially when your jobs are seasonal. Let’s face it, most domestic job seekers want something permanent for 12 months out of the year, not a temporary, seasonal position on a rural crop farm. So, the process officially starts when an ag employer such as yourself realizes their need for temporary, seasonal employees.
That’s where the H-2A program and USA FARM LABOR come in.
Many of our clients were at their breaking point sourcing employees alone, without the help of a trusted agency. Realizing you need help finding the right seasonal workforce is the first step. After that, you’ll want to partner with a trusted, experienced, and knowledgeable H-2A agency to handle your application for a Temporary Labor Certificate and source a skilled seasonal workforce.
Here’s a breakdown of the ideal H-2A timeline:
60-75 Days Before Start Date: The H-2A process actually starts when you begin your application for a Temporary Labor Certificate, which is the official government certification that allows agricultural employers to hire foreign seasonal labor. Your application needs to be submitted 75 days before your chosen start date.
Without an emergency case, at the latest, an application can be submitted 60 days out from your start date. In cases of emergency filing, your application needs to be submitted at least 45 days before the start date. Do note that any submission later than day 75 will likely delay when your employees arrive, generally adding one additional day after your start date for each additional day after 75.
**For example, if you have a March 1st start date in mind for your employees, you’ll need to submit your ETA-790 to the State Workforce Agency (SWA) on December 15th – the prior year.
7 Days After Submitting to SWA, 53-67 Days Before Start Date: After you’ve submitted your ETA-790 Job Order to the SWA, you’ll need to officially file your application for a Temporary Labor Certificate with the Department of Labor (DOL).
20-40 Days Before Start Date: The DOL issues your Temporary Labor Certificate and you should have a good idea of which H-2A candidates will be offered jobs. While we file complicated paperwork, you sit back and focus on hiring the most qualified applicants from our pool of H-2A candidates.
30 Days Before Start Date: You have made job offers and, ideally, your candidates have accepted your offers. For clients hiring out-of-country, foreign applicants, this is the time to file an I-129 visa petition with the USCIS.
14-21 Days Before Start Date: Once there is approval from USCIS, it’s time to schedule consulate appointments for candidates in their home country. Candidates will officially apply for an H-2A work visa from their consulate.
7 Days Before Start Date: Once a candidate has their H-2A work visa in hand, it’s time to schedule flights and coordinate travel arrangements.
2-5 Days Before Start Date: Your H-2A employees fly from their home country and get picked up at the airport. Take any additional time between the arrival date and the official ETA-790 employment start date to help your new employees get a social security card, fill out tax paperwork, and open a bank account. Also, take this time to help your employees get accustomed to life on the farm and in the United States.
Utilizing the H-2A program is a great way to get the employees you need for a successful farm season.
H-2A is a great solution for rural crop farmers struggling to find temporary domestic workers and who need a couple of skilled, reliable employees for 9-10 months out of the year.
But, as you can see, the process is lengthy and you’ll need to plan several months ahead if you want an employee to start the first day of the growing season. It also takes a great deal of planning, paperwork, and coordination.
You’ll need to apply for the certificate, interview candidates, create job descriptions, make job offers, and petition the United States Citizenship and Immigration Services (USCIS) before your employee even steps foot on your farm.
This doesn’t include the time it takes to find a trusted H-2A agency or schedule consulate appointments in an H-2A employee’s home country.
This is the ideal timeline. However, the application and filing process rarely works out this smoothly. It can easily take 5-7 WEEKS for your employee to arrive after you receive a Temporary Labor Certificate, putting you well behind the preferred start date for your new seasonal employees.
To give you a better idea, we’ve compiled our agency’s data over the past couple of years and developed a more realistic timeline for our clients.
As always, it’s important to have all of your documents, housing, and paperwork together at least three months, or 90 days ahead of your desired start date. Having these items in place will prevent delays and ensure your new employees start work on time.
When we look at the two timelines, the actual time it takes to get your employee is longer than expected. We see late arrivals all the time because the program involves working with slow, understaffed government agencies (think DMV) and coordinating work visas with candidates located halfway around the globe.
Time is of the essence, especially when you’re dealing with government offices and paperwork.
To speed things up, we highly recommend getting started early and having all of your documents and requirements in place well before submitting your application. Having a plan for requirements such as housing, transportation, and worker’s compensation insurance in place ahead of time will help you avoid delays.
From there, it’s all about choosing an experienced agency to work with. At USA FARM LABOR, we have working relationships with various SWA housing inspectors and elected officials to help speed up your applications when necessary and get your employees to you as soon as possible.
We also work with a range of experienced and professional recruiters all over the world. Our network of recruiters is ready to schedule important dates such as consulate appointments and flights to help your employees arrive on time.
USA FARM LABOR Manages the Timeline, You Focus on Your Work and Growing Your Farm Business
Although the H-2A timeline looks daunting, the USA FARM LABOR pros have managed this program for our clients for decades. Our skilled, experienced team of processing agents and placement coordinators understand the nuances of this program and we all work together to speed up the process in every way possible.
Have questions about using H-2A to source a skilled, reliable workforce for your farm or agribusiness?
Give us a call at 828-246-0659.
Our consultation process is 100% FREE and there’s no obligation to pursue the H-2A program if you feel it’s not right for your farm or agribusiness.
Our specialized agents are available to answer all of your questions or address any concerns you might have well before hiring our agency to manage your program needs.
You might also be interested in:
