H-2A Regulations

The H-2A Temporary Agricultural Worker Program allows agricultural employers to hire foreign nationals to perform critical seasonal or temporary agricultural work on a farm. The program is designed to supplement farm labor when there are insufficient employees, often domestic workers, available to hire. The duration and scope of employment is determined by the temporary labor certification approved by the United States Department of Labor.

The United States Department of Labor (USDOL), the US Citizen and Immigration Services (USCIS) primarily administer the program with the US Department of State (DOS), and US Department of Homeland Security (DHS) also playing a role in the visa process. 

At the state level, state workforce agencies (SWAs), such as the New York State Department of Labor (NYSDOL), also play a role in the H-2A application process and in overseeing compliance with program requirements and state laws. 

Agricultural employers may hire H-2A employees directly or through a certified Farm Labor Contractor (FLC). There are additional requirements associated with utilizing a FLC and employers should be aware that they can be held liable for violations committed by the FLC. 

Several federal agencies maintain extensive resource pages dedicated to all aspects of the H-2A Program:

• United States Department of Agriculture 
• This site includes general info, various possible application paths, an H-2A application checklist that you can customize for your needs, a summary of program costs, info about which application expenses are deductible, and a variety of other helpful program details. 
• United States Citizen and Immigration Service  
• United States Department of Labor  
• New York State Department of Labor 

Resources Related to October 2025 USDOL H-2A AEWR Changes

USDOL announced major changes impacting the H-2A program which took effect on October 2, 2025. A summary of the changes and their impact for NYS employers as well as a brief highlight of main points employee should know is linked to below. Litigation and additional changes to the program are expected in the future and employers should be sure to monitor developments as they become available. 

• Major H-2A Wage Changes: Overview of New AEWR Methodology 
• Key Points on Major H-2A Changes for Employees (with Spanish translation) 

CAWD Resources from the Ag Workforce Journal

H-2A Service Providers

• NYSDOL provides a list of all H-2A agents currently acting on behalf of NYS employers

Additional Resources

• Employers may also reach out to the NYSDOL Foreign Labor Certification Unit with additional questions regarding the H-2A program.
• Additionally, employers should monitor communications from USCIS, USDOL, DHS, and DOS for up-to-date developments affecting the H-2A program.