H-2A and H-2B Programs

Agricultural Recruitment Program (H-2A Program)

The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the United States to perform agricultural labor or services of a temporary or seasonal nature. Employment of a seasonal nature is tied to a certain time of year by an event or pattern, such as a short annual growing cycle, and requires labor levels above what is necessary for ongoing operations.

Agricultural employers can receive assistance in obtaining farm workers through the H-2A program. Employers must show that there are no local workers available for the job. Applications are reviewed to determine whether prevailing hourly wages, working conditions, and housing and transportation arrangements have an adverse effect on domestic workers.

The Department Provides These Services to Agricultural Employers:

• Post agricultural clearance orders
• Housing inspection for agricultural clearance orders
• Agricultural wage information
• Technical assistance on federal and state regulations governing housing inspections
• Opportunity for participation in the Workforce Employer Outreach Committee

H-2B Temporary Non-Agricultural Program

The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peak load need, or intermittent need. The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved H-2B labor certification. The H-2B program also establishes certain recruitment and displacement standards in order to protect similarly employed U.S. workers.

Self-Service

The H-2B visa system is a totally self-service system, meaning that the employer will have to advertise their H-2B job orders on Jobs4TN.gov themselves.

1. First, create the profile for the employer or the employer they (agents) represent.
2. Next, they will need to follow the website prompts to create the job order as mandated by the regulations.

More Information

• H-2A Temporary Agricultural Program
• H-2B Temporary Non-agricultural Program
• Jobs4TN: To post job openings
• U.S. Department of Labor: Wage and Hour Information, Worker Rights, Adverse Effect Wage Rates (AEWR)
• Civil Rights Act of 1964
• Information regarding Anti-Discrimination Provision under Immigration and Nationality Act (INA)
• National Human Trafficking Center

Filing a Complaint

Individuals, employers, organizations, associations, and other entities can file complaints through American Job Centers about:

• Employment Services provided by a State Workforce Agency or Employment Service office (one-stop center or American Job Center), or
• Employers involving employment-related laws.

Learn more on how to file a complaint on the U.S. Department of Labor's Employment and Training Administration Resources page.