The H-2A program continues to be one of the most reliable paths for agricultural employers seeking seasonal labor — but it also remains one of the most heavily regulated. In our recent webinar, we walked employers through the full H-2A process, compliance requirements, the new 2025 AEWR Interim Final Rule, and real-world challenges we’re seeing across the industry.

Whether you’re new to the program or looking to tighten your compliance strategy, here’s a breakdown of the most important insights shared.

A Clear Overview of the H-2A Program

The H-2A visa program allows agricultural employers to legally hire temporary foreign workers when there are not enough domestic workers available. Unlike H-2B, which is capped annually, the H-2A program has no annual cap and allows for up to a 10-month certification period.

Many employers structure this in one 10-month season, while others split their needs into two 5-month certifications.

Beyond filling labor gaps, the program helps employers build a returning, reliable workforce, improving consistency and productivity season after season. 

Understanding the H-2A Process

The webinar walked through the entire workflow, from job order to worker arrival. Highlights include:

1. Filing ETA-790A (Job Order): Submitted to the State Workforce Agency and posted through DOL’s FLAG system to initiate the case.
2. Filing ETA-9142A (H-2A Application): The core application submitted through FLAG.
3. Recruiting U.S. Workers: Employers must actively test the labor market and document all recruitment efforts.
4. Certification Issued by DOL: Once approved, employers receive the certified 790A and 9142A.
5. Filing Form I-129: This petition requests workers. It may be “named” (transfers, specific workers) or “unnamed” (general recruitment for consular processing).
6. Visa Scheduling & Consular Processing: Coordination between recruitment teams and legal counsel ensures workers can interview and travel before the start date.
7. Worker Arrival & Ongoing Compliance: Employers must verify I-94 accuracy, maintain proper records, and ensure compliance through the entire employment period.

These steps often overlap — and delays can occur due to government shutdowns, courier failures, or consulate backlogs — making proactive planning vital. 

Key Employer Requirements: What You MUST Get Right

The webinar emphasized several non-negotiable compliance obligations:

• • Prove a shortage of U.S. workers: Through recruitment reports and supporting documentation.
  • Pay the Adverse Effect Wage Rate (AEWR): Or higher, depending on the role and state.
  • Provide approved housing & transportation: At no cost to the worker.
  • Guarantee at least 75% of contract hours: (the “three-fourths guarantee”).
  • Follow all federal, state, and local labor laws: Including record-keeping, working conditions, and safety standards.

If at any point an employer ends the season early or considers terminating a worker, legal counsel should review the impact on compliance, pay guarantees, and documentation. 

Common Challenges Faced By Employers — And Practical Solutions

1. Navigating Complex Regulations: H-2A rules change often and vary based on case type, geography, and job classification. When in doubt, contacting your legal or compliance team early prevents costly errors.
2. Delays in Processing: Government shutdowns, mailing delays, consulate staffing issues, and I-129 backlogs all affect timing. Employers should build buffer periods into their workforce planning.
3. Worker Retention & Turnover: If returning workers are a priority, employers may adjust job requirements or experience levels on future applications to target higher-skilled, more compatible candidates.
4. I-94 Errors on Arrival: Incorrect end dates are increasingly common and may require a visit to a deferred inspection site or airport for correction. Employers should always confirm I-94 details with workers immediately upon arrival. 

The New 2025 AEWR Rule: What Employers Need to Know

One of the most anticipated topics of the webinar was the new AEWR system, effective October 2, 2025.

Major Changes Under the New Rule

• AEWR will now be based on Bureau of Labor Statistics (BLS) Occupational Employment and Wage Statistics, replacing the USDA Farm Labor Survey.
• Employers must list two wage rates on the ETA-790A:
  • U.S. worker wage
  • H-2A worker wage
• New skill levels determine wage:
  • Level 1: Entry-level (0–2 months experience)
  • Level 2: Experienced (3+ months)
• Adjustments for housing now apply by state.
• Certain occupations — including equipment operators, graders, packers, and field/livestock workers — fall into standardized SOC groupings under the rule.

Because the rule is still phasing into the FLAG system, employers should expect temporary technical inconsistencies over the next few weeks. 

Why DOL Made This Change

The Department of Labor aims to:

• Prevent wage distortion after USDA discontinued its survey
• Reflect real differences in skill and job duties
• Preserve the agricultural labor pipeline during national labor shortages
• Improve wage accuracy and predictability across states

On average, many AEWRs will decrease, lowering costs for employers, though some states may see increases due to housing adjustments.

How the New AEWR Affects Employers

• • More precision in wage setting: Correct SOC code selection and accurate experience requirements are now critical.
  • Budget changes: Some states may see reduced AEWRs; others could see increases once housing factors are included.
  • Immediate wage updates required: As soon as new rates publish, they must be used — even mid-application.
  • Greater administrative responsibility: Employers must ensure every job description, experience requirement, and wage calculation aligns with the updated rules. 

Practical Tips

• • Review your job descriptions nowto ensure the experience requirements accurately reflect the roles.
  • Confirm SOC codes earlyduring job confirmation to anticipate wage levels correctly.
  • Track worker arrival datesand verify I-94 accuracy immediately.
  • Plan buffer timearound processing steps — especially during peak season or periods of government instability.
  • Communicate frequentlywith your legal and recruitment teams to stay ahead of delays or compliance questions.
  • Ask early about wage impactsif you’re filing before or after AEWR changes.

The H-2A program continues to evolve, and employers who stay informed and proactive will be best positioned to maintain compliance, prevent delays, and build a reliable seasonal workforce.

If you’re considering the H-2A program or want guidance on compliance strategies, workforce planning, or AEWR changes, reach out to our team for a consultation.