Faces of the Harvest
Written by Iriana Medina Community Engagement Coordinator at La Plaza
Picture Credit: Geoff Crumbaugh Photography
Facts About the Workers
H2A Hispanic migrant agricultural workers are here legally. There are a lot of misconceptions around seasonal workers and here are some facts that may deconstruct ideas that you may have heard about the people that harvest the crops. Farm owners must follow several steps to bring workers from abroad with H2A visas:
1. Demonstrate Need: They must show there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary and seasonal work.
2. Obtain Certification: They must apply for temporary labor certification from the U.S. Department of Labor (DOL). This includes submitting a job order to the State Workforce Agency (SWA) and filing an H-2A application with the DOL.
3. Recruit U.S. Workers: Employers must actively recruit U.S. workers through advertising and contact with former employees.
4. Provide Wages and Working Conditions: They must offer wages at least equal to the prevailing wage for the type of work and provide housing, meals, transportation, and other working conditions that meet federal and state standards.
5. File Petition: Once the DOL certifies the need, farm owners must file a petition (Form I-129) with the U.S. Citizenship and Immigration Services (USCIS) to request H-2A workers.
6. Visa Processing: After USCIS approves the petition, prospective workers must apply for an H-2A visa at a U.S. consulate or embassy abroad, attend an interview, and obtain the visa before entering the United States.
7. Compliance: Farm owners must comply with all regulations and maintain records to ensure they meet the program’s requirements throughout the employment period.
Faces of the Harvest was created in collaboration with La Plaza, and written by Iriana Medina Community Engagement Coordinator at La Plaza.