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H-2A Farm Labor Contractors Explained

Many States have license requirments for farm labor contractors.  teh Federal goverment now has a license requirement for Farm Labor Contractors utilizing temporary, seasonal workers. The Immigration and Nationality Act (INA) authorizes the lawful admission of temporary, non-immigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature.  The Department of Labor’s regulations governing the H-2A Program also apply to the employment of U.S. workers by an employer of H-2A workers in any work included in the ETA-approved job order or in any agricultural work performed by the H-2A workers during the period of the job order.  Such U.S. workers are engaged in corresponding employment.

H-2A Labor Contractors

An H-2ALC is a person who meets the definition of an “employer” under the H-2A Program and does not otherwise qualify as a fixed-site employer or an agricultural association (or an employee of a fixed-site employer or agricultural association) and who is engaged in any one of the following activities in regards to any worker subject to the H-2A regulations: recruiting, soliciting, hiring, employing, furnishing, housing, or transporting.

While H-2A does not require labor contractors to register as such with the Department, any person who is subject to MSPA as a Farm Labor Contractor (FLC) must register with the Department and be issued an FLC Certificate of Registration prior to engaging in any farm labor contracting activity.  In their H-2A applications, H-2ALCs required to be registered under MSPA are obligated to provide their respective MSPA FLC Certificate of Registration number and to identify the farm labor contracting activities they are authorized to perform.

In addition to meeting the same assurances and obligations as any other H-2A employer, H-2ALCs must fulfill the following requirements:

  •  list the name and location of each fixed-site agricultural business to which they expect to provide H-2A workers, the dates of each employment opportunity, and a description of the crops and activities the workers are expected to perform at each area of intended employment;
  • submit a copy of each work contract agreement between the H-2ALC and the agricultural business to which they expect to provide workers;
  • provide proof that all housing and transportation if provided or secured by the fixed-site employer complies with applicable safety and health standards; and
  • obtain and submit the original surety bond with the H-2A Application.

Surety Bond: The surety bond must be written to cover liability incurred during the term of the work contract period listed on the H-2A Application and must remain in effect for a period of at least 2 years from the expiration date of the labor certification.  H-2ALCs must obtain the surety bond in the following amounts:

  • $5,000 for a labor certification with fewer than 25 employees;
  • $10,000 for a labor certification with 25 to 49 employees;
  • $20,000 for a labor certification with 50 to 74 employees;
  • $50,000 for a labor certification with 75 to 99 employees; and
  • $75,000 for a labor certification with 100 or more employees.

Surety Solutions has great rates on H-2A farm contractor license bonds.

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1 thought on “H-2A Farm Labor Contractors Explained”

  1. 88Elissa says:

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