Are you ready to file H-2A this season? A practical, season-spanning checklist for specialty crop growers — covering recruitment, housing, filings, transportation, and recordkeeping. Tick items off as you go; your progress is saved in this browser tab.
Planning & timing 120–75 days before need date Confirm certified date of need
Pick the first date workers must be on the farm. All filing windows count backward from here.
Estimate worker count by week
Use crop-by-crop labor demand to set the petition headcount — too low forces costly amendments.
Identify a filing agent or attorney
Most farms use an H-2A agent; line them up at least 90 days out.
Budget for AEWR + housing + transport
Your region's 2026 AEWR plus inbound/outbound travel, daily subsistence, and housing operating cost.
Job order & recruitment (ETA-790/790A) 75–60 days out Draft ETA-790A with crop, tasks, wage, hours
Be specific: 'hand-harvest sweet potatoes, grading, packing' — vague job orders get rejected.
File job order with SWA 60–75 days before need
State Workforce Agency posts it for U.S. worker recruitment before DOL will certify.
Document positive recruitment of U.S. workers
Newspaper or online ads, contact former U.S. employees, retain all responses for 3 years.
Prepare three-fourths guarantee disclosure
Workers must be offered work for at least 3/4 of the contract hours — model this into your weekly plan.
Housing Inspection 45+ days out Housing meets OSHA 1910.142 or local code
Beds, square footage, toilets, showers, cooking facilities, potable water, screens.
Pre-occupancy inspection scheduled with SWA
Cannot house workers until passed; book early — inspectors are backlogged in peak regions.
Smoke detectors, fire extinguishers, posted exits
Most common citation; replace batteries and tag extinguishers annually.
Cooking facilities OR free meals + kitchen access
If meals are provided, the per-meal deduction cap is set annually by DOL.
Transportation & subsistence Before arrival Inbound transport + subsistence reimbursed by 50% of contract
From home country/place of recruitment to the worksite.
Outbound transport at end of contract
Paid if worker completes the contract or is dismissed without cause.
Daily transport vehicles meet DOT/MSPA standards
Seatbelts, licensed drivers, insurance, vehicle inspection records on file.
Workers' comp coverage in place
Required in nearly all states even where ag is exempt for domestic workers.
Filing & arrival 45 days out → arrival ETA-9142A filed with DOL 45 days before need
After SWA clearance; DOL certifies or denies within ~30 days.
I-129 petition filed with USCIS after DOL certification
Premium processing recommended in tight seasons.
Consular appointments scheduled in workers' country
Monterrey is the main hub; appointment lead times vary 1–6 weeks.
On-arrival orientation: wages, deductions, safety, grievance
Document in writing in worker's language; keep signed acknowledgments.
Recordkeeping during the season Every payroll Daily hours and piece-rate records by worker
Required for the 3/4 guarantee reconciliation at end of contract.
Pay stubs show gross, deductions, net, hours, rate
AEWR or piece-rate equivalent — whichever is higher, every pay period.
Field sanitation: water, toilets, hand-wash within 1/4 mile
OSHA 1928.110 — cited frequently in inspections.
Retain all records for 3 years post-contract
Job order, recruitment, payroll, housing inspection, transportation logs.
Informational only — not legal advice. Confirm current requirements with DOL, USCIS, and your state SWA before filing.
Cut the H-2A bill before you file. Every hour you remove from peak week is one less AEWR hour to pay. Browse our library of field-tested, labor-saving practices for specialty crops.