Most employers use third parties when applying for H-2A worker positions

U.S. farmers who would like to hire temporary foreign workers through the H-2A visa program usually work with a third party (such as an agent, association, or lawyer) to make the application; employers themselves filed applications for only 15 percent of all jobs requested. Across the U.S., agents filed applications for 45 percent of all H-2A jobs, an association of farm enterprises filed for 21 percent of jobs, and 19 percent came from a lawyer representing the farmer. However, the usage rates for third parties differ across States. For instance, lawyers tend to file for most of the jobs in California, while agents and associations account for almost two-thirds of the job filings in Florida. The H-2A program allows farm operators who foresee a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. temporarily to perform agricultural labor or services. Many employers rely on specialized third parties to file H-2A applications on their behalf because of the perceived complexity of the process to certify their need for labor. Once a job is certified, the employer may then search for workers to employ. This chart appears in the ERS Economic Information Bulletin, The H-2A Temporary Agricultural Worker Program in 2020, published in August 2022.

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