H-2A Housing Requirements Made Simple
The H-2A work visa program is designed to give America’s farmers access to seasonal agricultural labor when there aren’t enough domestic employees available or interested in farm jobs.
Staying in compliance with the rules and regulations of the program is critical to your success as an H-2A employer, and housing plays a huge role in compliance.
A good rule of thumb is to provide employee housing that you would find suitable for yourself or your family members. Whether you’re a farm labor contractor (FLC), custom harvester, or run a fixed-site crop farm, you must adhere to the same H-2A housing requirements to stay in compliance with the H-2A program.
To help give you an idea of what to expect, we’ve put together this resource of H-2A housing requirements made simple.
USA FARM LABOR is also the only H-2A agency in the country that employs a HOUSING SPECIALIST to assist with your housing needs. Don’t let the housing challenge stop you from applying to become an H-2A Employer.
Our team has the knowledge, expertise, connections, and experience to help you overcome any housing challenges and obtain your Temporary Labor Certificate so you can get the labor you need to grow your farming business.
A Quick Note About H-2A Housing
Before we get started going over some of the most common H-2A housing rules and regulations, it’s important to keep in mind that our guide is not intended to be a comprehensive resource for your H-2A housing needs. Instead, this guide is designed to give you a general overview of the housing requirements set forth by the program and the Federal government.
It’s also important to remember that some states expand upon these housing requirements with additional state-specific or local municipal regulations, so you’ll always want to consult your state and local housing code before implementing H-2A employee housing on your property or attempting to rent or lease off-site housing. However, this guide will outline the minimum H-2A housing requirements so that you can make the most informed decision possible for harnessing the power of this unique program.
Housing is one of those areas that tends to scare potential H-2A employers away from the program.
We’re here to tell you not to let housing be a determining factor when it comes to applying for a Temporary Labor Certificate and hiring foreign ag labor. Many times, the expense of housing pales in comparison to lost revenues caused by NOT having the right employees to help your farming business grow.
As an H-2A employer, you must either provide housing to your employees or secure adequate housing for your employees. These dwellings can include but are not limited to:
Apartments
Hotel Rooms
Housing You Own (either on your property or another property located near the farm where employees will work)
Housing You Rent or Lease on Behalf of Your Employees (typically near the farm where the employees will work)
We’ll expand on some of these later on, but these are the main housing categories for the H-2A program. It is possible to have alternative housing such as campers or bunkhouses for your seasonal employees, but only in some states. There are a few states that do not permit campers or bunkhouses as sufficient H-2A housing. Still, you’ll need to pass inspection and adhere to the requirements set forth by the DOL and your State Workforce Agency (SWA).
Safely housing your employees is ultimately a benefit to you and your business.
You need your employees to have a safe, healthy, happy living environment if you want them to perform their best throughout your season. Providing your H-2A employees with adequate housing also helps forge a trusted relationship between you and your seasonal help. This relationship is paramount to your success and growth as a farm or farm contracting business.
Why is Housing a Requirement for H-2A Employers?
Let’s take a moment to review some of the reasons why housing is required for H-2A employees in general. H-2A employees travel from their home country to work in temporary, seasonal agricultural positions. The journey from their homeland to the United States is already a huge commitment, so adding the burden of finding their own housing would undoubtedly impact their interest in these jobs and their ability to begin working on time.
The last thing you want is to have employees without a safe place to live. Given these workers are here in the U.S. on a temporary, seasonal work visa, it makes sense to have employers provide housing for the duration of their seasonal job order.
It might seem like an enormous upfront cost, but not having any labor to help grow or harvest your crops or fulfill your various farm service contracts will ultimately cost you more in the long run.
H-2A Employees After a Hard Day’s Work on the Farm
How to Get an H-2A Housing Inspection
Once you complete your ETA 790 form but before the DOL will reward you with a Temporary Labor Certificate, you must have your H-2A housing inspected by your State Workforce Agency (SWA). Housing inspections can cause delays in the application process, so it’s wise to have your H-2A employee housing in place before starting your application. In fact, you’ll need to provide housing information as part of your ETA 790 form including:
Address of the Dwelling
Number of Rooms
Whether or Not Family is Allowed
Information on Bathrooms (only if hiring mixed-gender crews)
Basic H-2A Housing Requirements
Employers typically offer housing located on or adjacent to their farm or property, but some will outsource these dwellings with the most common being a rented property. Employers can rent apartments, houses, or even hotel rooms to satisfy the H-2A housing requirement. However, you must keep in mind that your SWA will inspect these dwellings using the same criteria as your privately owned housing. SWA inspectors will come out to inspect hotel rooms, campers (where permitted), and apartments with the same criteria as they would private residences on your property.
That’s where our H-2A housing resources come into play. You can use these resources to pre-inspect any dwellings so you have a good idea of what to expect when the SWA housing inspector shows up to perform your official H-2A housing inspection. Here are some of the main areas that you can expect your SWA housing inspector to check:
Housing Site and Shelter Structure
Water Supply
Kitchen and Food Prep Areas
Restrooms and Laundry Facilities
Lighting
Garbage and Waste
Miscellaneous Areas
Window and Door Screens
These are some of the main areas you can expect to be graded on by the SWA housing inspector. As always, if you’re unsure about your housing or you need help securing housing for your future H-2A employees, give us a call and we’ll be happy to assist in every way possible.
Let’s take a closer look at each of these areas so you can be as prepared as possible for your H-2A housing inspection.
Housing Site & Shelter
H-2A housing requirements are extensive. These are just an overview of basic housing requirements. Of course, your housing shelter must protect from the elements and each occupant must have his or her own bed, cot, or bunk. From there, flood protection, fire safety, and drainage are three important areas that your SWA housing inspector will be checking. Here are a few things to look for:
Your H-2A housing site and shelter must have adequate drainage that doesn’t endanger domestic or public water supply.
Your housing site is located at least 500 ft. from livestock.
Bedroom ceilings are 7 ft. high.
Beds are 3 ft. apart and at least 1 ft. off the floor.
Only dual bunk beds are allowed with more than 27 in. of space between the top and bottom bunks.
Floors are made of wood, concrete, or asphalt and are in good condition.
Windows can be opened at least halfway for ventilation.
Two-story houses must have a ladder from the second floor for fire escape purposes.
Homes used during winter months must have adequate heating.
Windows and screens are a surprisingly important aspect of your H-2A housing requirements. Your windows must have screens and those screens must be removable. Removable screens are part of overall safety, especially in the event of a house fire. These are easy to install and don’t cost very much, but serve a meaningful purpose according to the Federal and state H-2A housing requirements. The last thing you want is to fail a housing inspection over something as menial as window screens.
Water Supply
The employee housing you choose must also have an adequate and convenient water supply approved by the appropriate health authority, typically your local health department. The water supply is provided for drinking, bathing, cooking, and laundry purposes. Other water supply requirements include:
Capable of supplying at least 35 gallons of water to each occupant each day at a rate of 2.5 times the average hourly demand.
If there are no indoor water facilities, then a yard hydrant must be provided no further than 100 ft. from the domicile.
Distribution water lines supply water at normal operating pressure to all of the fixtures in the house for simultaneous operation.
Group or community drinking cups are not allowed.
It’s also important to note that housing with a well as its water supply will require well water testing. Many times, you will need to contact a certified, third-party professional to test the well water and submit those results to the SWA housing inspector as part of your H-2A housing inspection. Again, our team is prepared to help you with this step and we’ll ensure you don’t get caught by surprise just because your housing is connected to well water.
Kitchen and Food Preparation/Handling Facilities
Your housing must have adequate, sanitary kitchen facilities so your employees can safely prepare meals. Food is one of the most relevant cultural markers, so chances are your employees will want to prepare and eat foods that remind them of home. Eating foods they know and like will help ease their homesickness (yes, they will get homesick) so it’s in your best interest to ensure your employees can make regular weekly trips to the grocery store to get the foods they want and love. Other important H-2A housing kitchen requirements include:
Sanitary facilities are provided for storing, preparing, and eating food.
Food handling facilities comply with the requirements of the “Food Service Sanitation Ordinance and Code.”
The kitchen and dining areas are free from vermin, rodents, flies, etc.
The kitchen and dining areas provide a place to keep food from spoilage.
Poisonous and/or toxic chemicals are not stored with the food and/or in the cooking or eating facility.
Just as you must provide adequate housing, you must also provide transportation so your employees can tackle common errands such as grocery shopping and banking every week, but we’ll cover transportation requirements in a later post. For now, it’s important to understand that you must provide sanitary kitchen facilities and food preparation areas.
Image Courtesy of Unsplash
For hotel rooms, there must be a kitchenette included in the room or you will be required to provide a signed contract with a restaurant to show that your H-2A employees will have access to three nutritious meals per day. This must be a signed agreement between you, the H-2A employer, and the restaurant of your choice.
Our associates are more than happy to walk you through this process and help facilitate a contract as we prepare your application.
Restrooms and Laundry Facilities
H-2A housing must also have proper restrooms, bathrooms, and showers. Off of this, you’ll also need to offer laundry facilities or provide a way for your H-2A employees to wash their clothes. Many of the laundry requirements vary by state, but it’s important to note that you’ll need to provide a way for your employees to wash their clothes. Again, this makes sense from a personal hygiene standpoint. Still, some of the most important restroom and bathing facility requirements include:
At least one shower for every 10 people.
At least one handwashing sink for every six people.
Restrooms are accessible for all occupants without passing through a bedroom.
Toilets and urinals flush adequately.
Floors are waterproof, smooth, and non-slip.
Each restroom is lighted naturally or artificially by a safe type of lighting that is usable at any time.
These are just a few of the bathroom, restroom, and laundry requirements set forth by the rules of the H-2A program. Individual states may expand on these requirements, so it’s important to double-check those requirements ahead of time.
Lighting
Proper lighting is another essential aspect of your H-2A housing facilities. Adequate lighting is a measure of safety and security. There are a few lighting requirements such as:
At least one ceiling light fixture and at least one floor or wall outlet.
Restrooms, bathrooms, and rooms where people congregate must each have at least one ceiling or wall light.
Lights are located at least 30 inches up from the floor.
You’ll want to follow all local building codes and safety regulations. If you’re experiencing problems finding these codes and regulations, just let us know and we’re here to help. Again, we have an H-2A housing specialist on our team who would be more than willing to help you determine your state and local lighting requirements.
Garbage and Waste
Just as you’ll need to provide adequate kitchen and restroom facilities for your housed employees, you will also need to ensure that garbage and solid waste can be properly disposed of at all times. An overflow or build-up of garbage and waste will attract insects, rodents, and other pests that could cause health issues for your employees, damage your property, and ultimately cause you to fail housing inspections. Some of the most important garbage, waste, and sewage requirements include:
Sewer lines, floor drains, and shower floor drains are connected to the public sewer, when available.
Garbage receptacles are provided and come with tight lids to prevent insects, flies, and rodents from accessing them.
Garbage receptacles can be cleaned or are single-use receptacles approved by the local health department or authority.
At least one garbage container is available per housing unit.
Garbage containers are located within 100 ft. of the housing unit.
It’s important to provide reliable garbage containers and maintain those items for future H-2A housing inspections. You will need to have at least one garbage container per housing unit and these must have a tight-fitting lid that prevents pests from getting into the garbage.
Miscellaneous
Rounding out the H-2A housing requirements are a few miscellaneous items that you’ll need to keep in mind for your employees. Again, we recommend providing the best housing situation possible for your H-2A employees, and our team is here to help ensure your housing is ready to pass inspection. A comfortable, healthy, and safe place to live is essential for keeping your employees productive and performing their best work. A few of the miscellaneous housing requirements include:
Each housing unit is equipped with at least one ABC fire extinguisher.
Effective measures have been taken to prevent infestations of insects, rodents, and other pests.
Housing facilities in general meet or exceed federal, state, and local standards.
That last bullet point is perhaps the most important requirement to keep in mind when you’re situating your H-2A housing for your new employees. If you keep your housing facilities in great condition that meets or exceeds Federal, state, or local standards, then you’ve put yourself in a great position to pass your SWA housing inspection and eventually receive your Temporary Labor Certificate. Once you’ve passed a housing inspection and attained your Temporary Labor Certification, all that’s left to do is hire some H-2A employees and get started actually growing your business.
Image Courtesy of Unsplash
Most Common Reasons for failed h-2a housing inspections
The last thing you want is to schedule a housing inspection and the SWA inspector fails your housing. We consulted a SWA housing inspector in North Dakota to learn the most common reasons for failed housing inspections. Here are the most common housing flaws that cause H-2A employers to fail housing inspections:
Screen Doors: screens must be free of holes and doors and windows must have screens in case occupants want to open the house for fresh air.
Holes in Surfaces: your housing will fail inspection if there are holes in the floors, walls, ceilings, or windows and screens. Ensure all holes are patched and all surfaces are free of damage.
No 2nd Story Emergency Exit: H-2A housing with more than one level must have an emergency exit on the floors that are not ground level. A ladder or fire exit of some sort will satisfy this safety requirement.
Bathroom Fans and Windows: your bathrooms must have fans or windows for proper ventilation and sanitation purposes.
Beds: your mattresses must be off the floor and on a bed frame. This is an easy requirement, but all beds must be elevated at least two feet off the floor.
The last thing you want is for your employees to miss your start date because of common housing issues. Ensure everything is up to date and in proper working order to keep the process moving along. The H-2A process already takes a long time and delays happen all the time due to understaffed government offices and agencies. Housing is one of the few areas of the H-2A process that you can control.
USA FARM LABOR is your trusted H-2A Agency
Whether you’re applying to become an H-2A employer for the first time or you’re a seasoned veteran of the program, it’s important to stay in compliance and follow the rules set forth by the government.
As the third largest H-2A agency in the country, USA FARM LABOR is the only agency in the country that employs an H-2A Housing Specialist who works directly with the various SWAs to ensure our clients comply with the program’s regulations and are ready to pass their housing inspections — the first time.
This level of commitment is why we are your trusted source for all aspects of the H-2A visa program. Our staff is standing by, ready to help with all of your H-2A needs and answer all of your H-2A questions.
If you’re new to the world of H-2A and don’t quite know where to start, give us a call at 828-246-0659 or fill out a contact form and one of our associates will get back to you right away.
We offer a 100% FREE consultation process. You’ll speak with one of our expert associates who will answer each of your questions and walk you through the process of applying for a Temporary Labor Certificate so you can get started hiring your own H-2A employees.
Do you want proof that USA FARM LABOR and H-2A employees can help your farm business?
Check out our latest Case Study on Matt and Valerie Brack of Brack Farms and Brack Harvesting, LLC. The H-2A program changed their lives, literally, and we’re confident our team can do the same for you.
Helpful Government H-2A Housing Links
Housing constructed on or after 4/3/1980:
https://www.dol.gov/agencies/whd/osha-housing-checklist
Houses constructed before 4/3/1980:
https://www.dol.gov/agencies/whd/eta-housing-checklist
