The H-2A Surety Bond for Farm Labor Contractors is required by the United States Department of Labor, Wage and Hour Division.
The H-2A Farm Labor is a program that allows farmers to hire non-U.S. Citizens from other countries in order to meet the high demand for labor during harvest season. Read more about the H-2A Farm Labor Contractor requirements.
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) protects migrant and seasonal agricultural workers by establishing employment standards. Any person who is subject to MSPA as a Farm Labor Contractor (FLC) must register with the Department.
The FLC must be issued an Farm Labor Contractor Certificate of Registration prior to starting any farm labor contracting activity. To obtain the Certificate of Registration, an H-2A Surety Bond will need to be provided.
The term of the H-2A surety bond must cover the term of the work contract period listed on the H-2A Application.
The bond is to protect the H-2A workers from unscrupulous FLCs. This is not insurance. If there is a claim placed on your bond and you are found at fault, the surety company will pay out. However, unlike insurance, the applicant will have to pay the surety company back.