Preparing Your Farm or Orchard for H-2A Eligibility
To contract temporary workers using the H-2A program, you must first fulfill several requirements. Careful documentation and a thorough understanding of these requirements will ensure that you can move through the H-2A application process. We perform a management review to ensure that you are able to meet these requirements, and that you are eligible to apply for the program. This allows you to proceed through the next steps with confidence, and reduces liability or potential disputes with government agencies. This step in the process is only required once. If you elect to employ agricultural guest workers again through Great Lakes Ag Services LLC next year, we will not need to perform the management review again.
With the management review, we will take a close look at your operation, as well as your labor needs. Our experts will review the H-2A program with you and ensure that you are ready to take on all requirements. The comprehensive review by Varnum Law ensures that all conditions of the program are met and allows employers one on one time with legal experts in agricultural employment and immigration.
Our Management Review efforts include:
- On-farm extensive labor management review: We’ll review your staffing, hiring, training, and job requirements to ensure you are eligible for H-2A workers and you understand adjustments that may be required
- Professional legal review by Varnum Law: Varnum Law will review your business, jobs requiring seasonal workers, and other aspects of your operation to reduce future liability or disputes with any government agency.
- Detailed written report including requirements met and unmet: you will have a record of this review, as well as detailed explanations of each item. If you are unsure about any item, we can review it with you.
- 1 year subscription to Great Lakes Ag/Varnum Labor Compliance Guide: This allows you to stay on top of changes to guidelines or requirements, and make sure that you are aware of any changes in applicable laws and policies.
Frequently Asked Questions:
What will you review?
The H-2A program includes a number of requirements that employers must fill, such as housing, local transportation, worker safety protocols, and requirements for the job itself. It also includes some restrictions on businesses that have recently been involved in worker strikes or layoffs. The management review ensures that your farm or orchard is eligible for the program. This step also ensures that you understand your requirements while you employ seasonal workers, and that you understand how to meet requirements that have not yet been met.
What are requirements for the H-2A program?
Employers are responsible for several important activities under the H-2A program. Our team assists with many of these requirements, such as transportation to and from the workers’ home country, applications, domestic recruitment, and more. Employers must fulfill other requirements, such as adequate housing and meals, local transportation, tools and training, workers’ compensation insurance, and more. We will discuss these requirements with you during the management review stage, so you understand your responsibilities and how to meet them in accordance with the H-2A program.
Looking for more information on common H-2A concerns? Read more on our FAQ Page ›