The H-2A program allows U.S. employers/farmers who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary and seasonal agricultural jobs. (Source: uscis.gov)

The H-2A visa program addresses labour shortages in the agriculture industry.

The agriculture industry in the United States has long faced a labour shortage. Various factors, including changes in immigration policies and the ageing of the existing workforce, have exacerbated this shortage.

The H-2A visa program allows U.S. employers to address this labour shortage by hiring temporary foreign workers. This program ensures that U.S. farmers have access to a reliable and skilled workforce that can help them meet the demand for their products.

The U.S. Citizenship and Immigration Services and the Department of Labor regulate this program.

The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. to perform agricultural labour or services of a temporary or seasonal nature.

Domestic worker shortages could be because there are not sufficient US workers who are able, willing, and qualified and who will be available at the time and place needed to perform the labour or services.

To qualify for the program, a US employer must first offer a temporary or seasonal job to a US worker and demonstrate that no US workers are able, willing, qualified, and available at the time and place needed, to perform the labour or services involved in the petition.

The H-2A temporary agricultural program helps employers who anticipate a lack of available domestic workers to bring foreign workers to the U.S. to perform temporary or seasonal agricultural work, including, but not limited to, planting, cultivating, or harvesting labour.  Labour needs must be seasonal.  Year-round constant agriculture activities do not qualify.

Depending on the type of work you need, temporary or seasonal agricultural work can happen on farms, plantations, ranches, nurseries, ranges, greenhouses, orchards, or other similar locations.

• Seasonal work is when you need more help than usual because the work is tied to a specific time of year by an event or pattern, like a short annual growing cycle. The job contracts for H2A workers may only last up to 10 months.

•Temporary work lasts no longer than one year.

The H2A visa program applies to agricultural workers. Nurseries, farms, ranches, orchards, and similar businesses can use this visa program to temporarily hire workers to help with seasonal work, including harvesting, planting, and livestock herding.

The H2B visa program is for seasonal, temporary workers in other sectors. These workers may be needed in meat or seafood processing, hospitality, construction, tourism, and landscaping.

Three federal agencies manage the program. 

1. The Department of Labor issues the H-2 labour certifications and ensures employers comply with labour laws.

2. U.S Citizenship and Immigration Services, an agency within the Department of Homeland Security oversees the H2A petitions

3. The Department of State, through its consulates, issues visas to workers.

The employer must file the petition in the US at least 60 days before the foreign national worker is needed. The worker can be processed after all the approval notices are received.

Job offer from a US employer.

• A valid petition number from US Citizenship and Immigration Services.

• Applicant will need a completed DS-160 visa application.

• A valid, undamaged passport.

• Proof of payment of the $205 visa application fee (fee for 2024).

The cost of an H2A visa for now is $205 US dollars (for 2024).

Johannesburg, Cape Town and Durban

The U.S. Embassy or Consulate processes the visa application. Upon visa approval, with the passport and visa in hand, the worker can travel to the U.S. and start employment on the date specified on the visa.

Passport valid for travel to the United States—Your passport MUST be valid for at least six months beyond your stay there, which is six months after your end date on the contract.

You must disclose any previous arrests and convictions in South Africa as well as the US and prior in the United States. These activities do not necessarily disqualify you from the H-2 visa program. However, concealing prior unlawful presence or arrests will result in a visa denial and may lead to permanent visa ineligibility.

An applicant's current and past actions, such as drug or criminal activities, may make the applicant ineligible for a visa. If a visa is denied, the applicant is usually notified of the applicable section of the law.

Immigration officers can access several databases to check personal, criminal, and other details about you before crossing the U.S. border. One of the primary databases they use is the National Crime Information Centre (NCIC), which the FBI also uses.

Currently, immigrants applying for a U.S. Visa using forms DS-160, DS-156, and DS-260 must provide their social media profiles. USCIS officers look for content that may raise red flags or is incompatible with the information provided during the petition process.

Visa officers use their discretion and judgment in deciding based on facts presented on the individual's circumstances gathered during the interview and information from the DS-160. 

They are well-trained in asking the right questions.

Your attire should be comfortable and slightly professional-looking (Source: visahelp.us.com) 

First impressions are very important. Be on time for your appointment. Make sure your haircut and attire are neat and professional.

A person who has held H-2A non-immigrant status for three years must depart and remain outside the United States for 3 months before seeking readmission as an H-2A non-immigrant. (Source: uscis.gov)

What Are the Potential Consequences of a Visa Overstay? If your legal stay has expired and you remain in the United States, you will lose your lawful status and begin to build what is known as an 'unlawful presence.

If over 10% of non-immigrants from one country overstay, the entire country can be found ineligible for the H2A visa program.

After the visa expires, you will lose your legal status to stay in the country. Many people want to stay in the U.S. beyond their visa limit. But if you have a visa overstay, you can be deported or removed from the country.

If you overstay your H2A visa in the U.S., it can carry serious consequences as you will start accruing unlawful presence, beginning the day after your status expires.

The visa expiration date has nothing to do with the authorized length of your stay in the United States for any given visit. You are generally authorized to stay in the United States until the date on your Form I-94, given to you by a U.S. immigration officer when you entered the United States.

NO FEES!!!

H2A legislation stipulates that you pay NO agent fees.

1. Visa application:  

The cost in 2024 was $205 – and depends on the exchange rate.  ± R 4 018.

(Refundable by employer)

2. Flight ticket:  

Flights estimated cost are between R25 000 – R 35 000). 

The cost depends on the departure airport, destination, departure, arrival day of the flight, and return date when the bookings were made.

(Refundable by employer)

3. Travel insurance: 

This is optional but highly recommended (not refundable by the employer).

Please visit our medical and travel insurance section for contact details of professional who can help you with travel insurance.

Farm Recruit USA can ONLY place South African citizens in the USA for seasonal farm work opportunities.

Tips, if you are not a South African citizen.

• Visit the Federal Register’s H-2A Eligible Countries List to see if your country's citizens can participate in the H-2A non-immigrant worker programs.

• Find a recruiter specialising in H2A job placements in the USA in your country.

H-2A petitions may only be approved for citizens of countries that the secretary of homeland security has designated, with the concurrence of the secretary of state, as eligible to participate in the H-2A program.

The Department of Homeland Security publishes the list of eligible H-2A countries in a Federal Register Notice. Designation of eligible countries is valid for one year from publication.

SUMMER SEASON: Most of the inquiries for placements we receive happen between November and February, even up to April each year. 

HARVEST SEASON: However, some farmers require additional workers later in the year during the busy harvest season. We will then have a few late placements and opportunities. 

WINTER SEASON: Our farmers give first options to the crew already on the farms.  When there is no interest, it will only be open for placement. 

Employers will give workers already with them the first choice of returning and give them a definite answer by Christmas, at the latest, in the new year.

The clientele Farm Recruit USA associates with are more than 90% large row crop farmers, for whom the most important selection criteria are that you can start working with and be familiar with the type and size of their machinery with your arrival.

We can only place workers with extensive farm backgrounds and relevant experience who are familiar with manual labour, and willing to do it, which will be performed for 80% of the contract period.

Unfortunately, due to time and cost constraints, farmers cannot offer training. Most farmers are actively involved in the business and have day-to-day responsibilities requiring all their time. Training is not available even if you are a fast learner and a hardworking individual.

It is time-consuming and uneconomical. Employers/farmers pay the same rate for someone with all the farm experience.

Their main selection criteria, overriding various other factors, is someone with vast experience on the newest, high-tech, high-output North American farm machinery operated with various GPS self-steer systems.

Our farmers do not accept attendance certificates or presenter courses as applicable experience. Even a week or two will not swing the decision in favour of a candidate compared to other applicants with field experience. 

We advise gaining more experience during the South African harvest and planting season with a prominent crop farmer running US-sized equipment.

Employers in the US will only consider you if you grew up on a farm where the same North American farm machinery is used, but they are hesitant to employ workers younger than 25.

Our employers value experience more than just focusing on age.

Unfortunately, it is challenging for women to find work on the crop farms for which we recruit workers in the US.  

Employers must provide separate accommodation for women, so they prefer hiring men. Because women compete against men in strenuous physical work, it is understandable that employers prefer men instead.

We at Farm Recruit USA have only a few farms with housing approvals to accommodate both sexes. With all positions taken by 2024 workers returning in 2025, married couples working for the same employer are about as scarce as hen’s teeth.

Unfortunately, our clients prefer Mexican H2A workers for this type of labour.

No, we do not have any such employers as clients.

No administration or office work is allowed with an H2A Visa. The H2A work visa program is designed to give America’s farmers access to seasonal agriculture labour when there aren’t enough domestic employees available or interested

Please read our H4 Visa section to see if you comply with the requirements to be eligible for an H4 Visa (non-immigrant visa for dependent legal spouses and unmarried children of H2A visa holders).

Candidates with adequate farming experience, thoroughly completed applications & valid references will have a better chance of getting placed quickly than candidates with limited experience.

It's important to note that you, as a worker, will be responsible for covering all your expenses, including food, spices, toiletries, laundry detergents, clothing, entertainment, and so on. We provide a list to our workers with the necessary guidance.

To qualify for the program, a US employer must go through the process with all State departments and comply with all legal requirements to be registered as an H2A employer. (Source: U.S. Citizenship and Immigration Services)

Legal requirements include that US farmers can employ workers in the H2A visa program when there are insufficient US workers who are able, willing, and qualified and who will be available at the time and place needed to perform the labour or services.

No.

We've never received any requests from the farmers we recruit for documents or multimedia resumes. All the necessary information is included in our application form, with corresponding fields to be completed. 

Employers, over the years, assisted us in building our application form in a format they prefer to provide them with the information they want.

We have never had an employer request a police clearance, so it is unnecessary to provide one.

The ideal time to submit your application would be towards the end of the year or early in the new year. If you have not been placed yet, please update your application at the end of the year using the link provided when you submitted your form. This will allow us to send it out as soon as the first requests start.

Guideline to use:

Take 75% of the hours on the offer, and multiply it by the contract period and per-hour pay rate to calculate the total (this is guaranteed). Any hour above this is a bonus.

To make your application for farm work in the USA easier, we compiled an online application form to gather all the information we need for a placement. Therefore, you do not need to submit a resume.

Minimum requirements to apply:

1. South African citizenship (not all countries are eligible for the H2A visa program).

2. Must be 18 years and older.

3. No criminal record.

4. Valid, undamaged passport (if you do not have a passport or it has expired, you can upload it later).

5. Funds to cover (consulate/visa fee, return flight & medical travel insurance).

6. Extensive experience operating modern North American farm equipment with GPS self-steer.

7. References from two previous employers regarding relevant experience.

NB! Please ensure that you have the following before starting your application:

1. Electronic photocopy of your valid, undamaged passport.

2. Photo of yourself:

• This photo is the first impression the farmer gets from you

• No hunting, party, or group photos

• Pay attention to the background

If you cannot complete your application in one sitting, please read the proceed to the next question.

If you can't complete your application in one go, don't worry—you won't lose what you've done. 

To save your progress:

1. scroll down to the bottom of the page 

2. and click the "Save" button. 

copy the link to your application.

You'll be taken right back to where you left off when you access your link. However, remember that your incomplete application will expire in 7 days, so complete it within this timeframe. 

If not completed within this period, the system will automatically delete it.

Please upload a photo of yourself to the application. This photo will be the FIRST IMPRESSION employers and farmers will have of you, so be sure to choose wisely. The photo should be appropriate, as you would be, for applying professionally to an agriculture employer.

Please refrain from uploading photos of activities such as hunting, paintball games, partying, or braais, or photos with groups of friends. Applications with inappropriate photos will not be considered for review by clients.

No, you cannot complete your application in Afrikaans, as these forms are being sent to US farmers.

Please pay attention when listing schools. Our farmers are English and do not understand Afrikaans.

Once you have submitted your application form online, you will receive an email confirming that we have received it, along with a unique application reference number that starts with FRU. 

This number is specific to your profile and should be used for future correspondence regarding your application. Please save this email where you can find it in the future because it is the only place with the link where you can edit your application form.

Rest assured that the system will notify you once we receive your application.

NO, after you have completed and submitted the application form, you will receive an email confirmation with a link to your original application.  You can use this link to add or modify any details.

Please proceed to the next question to see how you can edit your application form

The link to edit/amend any details is in the first email confirmation you received from info@farmrecruitusa.com after completing your online application.

 Please check your spam or junk folders.

Please save this email and/or the link provided to regain access to your existing application in the future. 

The confirmation email will include an infographic showing the layout and a link to return to your existing application. It's recommended that someone close to you, like your spouse, have access to this email in case they need to edit or amend your resume in the future.

We send out the applications to all the farmers that request workers.

Please note that we will only notify you if you have been selected.

Unfortunately, with the number of applications we receive, we can't report back to all applicants for whom there is no news.

It is essential to mention that we follow the same communication protocol as other major recruitment companies and large corporations. 

YOU WILL ONLY RECEIVE NOTIFICATION WHEN THERE ARE POSITIVE DEVELOPMENTS FOR YOU.

If you haven't received a confirmation email after submitting your application, please check your spam or junk folders. 

The email should be from info@farmrecruitusa.com. 

If you can't find it in any of these folders, you might have entered your email address incorrectly on the form. 

Please check and make sure that your email address is correct.

We do not have an upper age limit as long as you are physically fit and capable of performing the necessary tasks. We have placed individuals in their 40s, 50s, and even 60s with farmers in the southern states.

Many employers are now setting the minimum age for applicants in their mid-twenties, due to historical experiences with young South African workers, which unfortunately now affects all applicants.

SUMMER SEASON: Most of the inquiries for placements we receive happen between November and February, even up to April each year. 

HARVEST SEASON: However, some farmers require addisional workers later in the year during the busy harvest season. We will then have a few late placements and opportunities. 

WINTER SEASON: Our farmers give first options to the crew already on the farms.  When there is no interest, it will only be open for placement.  

Employers will give workers already with them the first choice of returning and give them a definite answer by Christmas, at the latest, in the new year.

Yes, you can. 

Once you get your passport, please update your resumé using the link provided after you submit your form.

Visitors traveling to the U.S. are required to have passports that are valid for six months beyond the period of their intended stay in the U.S.

If you have completed the form incorrectly, for example, by filling it in Afrikaans, using an improper photo, or enhancing your experience, please note that it may not be considered valid. In our experience, be 100% truthful, don’t embellish or list anything you do not have experience for!

Please ensure your WhatsApp profile photo is appropriate, as the employer can view it.

Yes, employers will also look at this. If they find it differs from what is portrayed in your resume, they may change their minds about employment.

1. We will review your resume and conduct the necessary background checks. 

2. When a farmer or US agent requests applicants, we will select candidates who meet their requirements and send them 4 to 6 resumes to review.

3. Once the farmer has made their selection, we will send you a formal employment offer that needs to be signed and returned to us.

4.  As soon as we receive your acceptance, we will notify the farmer.

• Not necessarily. This depends on the farmer. 

•We have designed our application form over several seasons with honest input from our farmers. Many of them feel comfortable extending an offer of employment to a candidate based solely on the application form. However, some farmers prefer to interview the candidates before deciding.

We suggest that our farmers use WhatsApp to communicate and schedule interviews. This app supports voice and video calls, making it a convenient option. Moreover, it is the most popular app in South Africa and is cost-effective. Please ensure that the WhatsApp number provided in your application can receive both WhatsApp messages and voice calls.

The answer is that there is no fixed time frame. 

Depending on the availability of jobs, placement with a farmer can happen within a few days or may take a few weeks. Placement is mostly dependent on experience.

All the approval notices must be available before proceeding to the consulate.  We will be communicating directly with you to keep you up to date.

We have partnered with specialists to ensure the smooth and accurate submission of your online non-immigrant visa application for the H2A visa. Farm Recruit USA cover the cost of paying these specialists, who will assist you in completing each H2A visa application. The primary goal is to receive instructions to courier documents to the Consulate instead of scheduling an interview.

Contact details:

Simple Visas:

Maritza Meiring

WhatsApp: 079 296 4657

Email: martizameiring@gmail.com

Please visit https://ceac.state.gov/CEACStatTracker/Status.aspx?App=NIV

This is the date when you submitted your application online using the DS160 form.

At this stage, your documents have been delivered to the consulate through DHL, but they have not yet updated their system to show that they have received them.

This is just a confirmation from the consulate that they have received your documents and have entered the details into their system.

At this stage, a caseworker will review your application to ensure you meet all the visa requirements. If there is any missing information or insufficient documentation, or if an in-person interview is required, the consulate will contact you.

This means that your visa has been approved, and the US embassy or consulate has issued your visa. 

If your visa application has been approved, the consulate will issue your visa stamp. This stage means that your visa is almost ready, and you should receive it within a week to 10 days. If you don't receive anything, you can contact the consulate for an update.

A visa refusal under section 221(g) of the Immigration and Nationality Act (INA) means the applicant did not establish visa eligibility to the consular officer's satisfaction, as is required under U.S. law, specifically section 291 of the INA.  This means that your visa application has been denied, and you cannot enter the US with that visa.

This status does not mean that your visa has been denied. Instead, it means that the consulate requires additional information or documentation from you. 

They will email you further instructions. This could also mean they are busy with the documentation and have failed to update the status or updated it incorrectly.

If your travel visa is denied, you cannot appeal the decision, but you can reapply in the future. If you choose to reapply, you must submit a new travel visa application (Form DS-160), pay the filing fee again, and attend another visa interview.

Your visa has expired, and you cannot enter the US with that visa.

Johannesburg, Cape Town and Durban.

The U.S. Embassy or Consulate processes the visa application. Upon visa approval, with the passport and visa in hand, the worker can travel to the U.S. and start employment on the date specified on the visa.

The H2A visa program applies to agricultural workers. Nurseries, farms, ranches, orchards, and similar businesses can use this visa program to temporarily hire workers to help with seasonal work, including harvesting, planting, and livestock herding.

The H2B visa program is for seasonal, temporary workers in other sectors. These workers may be needed in meat or seafood processing, hospitality, construction, tourism, and landscaping.

Because the H-2A visa program is for temporary or seasonal work, the visa issued to workers is also temporary, and workers are limited to the duration of the job listed on the temporary labour certification, whilst in the employment of the employer listed.

The request must be submitted by the US farmer/employer, who must show exceptional circumstances, like the weather; extensions are typically for two weeks. (Source: farmer.gov)

The U.S. embassy/consulate will conduct visa interviews and a background check, and a medical examination will be required in the country where the individual is applying for the visa.

Yes, USCIS may survey your social media accounts. Their surveillance is strictly for the evaluation of your application for immigration benefits. Their findings can influence a decision about your eligibility.

 For security purposes, the U.S. government wants to ensure that people applying for visas are who they claim to be and are transparent about their reasons for coming to the United States.

The H-4 visa is a non-immigrant visa for dependent legal spouses and unmarried children of H2A workers. H-4 visa holders are not eligible for employment in the United States (Source: uscis.gov)

An H-2A worker’s spouse and unmarried children under 21 may seek admission in the H4 non-immigrant classification.

The H-4 is a temporary, non-immigrant visa category for legal spouses and unmarried children under 21, coupled with the H2A visa holder.

As a dependent visa, the H-4 is valid for as long as the primary H2A holder’s visa is also valid.

No.

Qualifying family members include only the spouse and unmarried children under 21.

No.

Parents, siblings, grandparents, cousins, and even domestic partners are not eligible to enter the U.S. as dependents in H-4 visa status.

Before submitting your H4 visa application to the U.S. Embassy or Consulate, you must take the necessary steps to ensure it is complete and accurate. 

H4 visa rejections can occur for various reasons, such as incomplete documentation, a lack of financial resources, suspicions of fraudulent intent or not having enough “strong” ties with South Africa to guarantee a return.

We recommend contacting Maritza Meiring from Simple Visas at martizameiring@gmail.com to assist you with an H4 Visa or complete the following registration form for USA, H4 & B1/B2 visas.

https://docs.google.com/forms/d/e/1FAIpQLSev3NSWpm3QHCkiYXt4hV6J4yTFlWyOCVL_c4D5CNI3pfO_sQ/viewform?usp=sf_link

The farmer is responsible for housing their workers on a H2A program. 

The US State Department inspects the housing annually and requires the farmer to comply with specific requirements before obtaining H2A certification.

The accommodation for H2A workers are inspected by the Occupational Safety and Health Administration(OSHA) to ensure compliance by farmer.

No, the farmer will provide the basics such as linens, pots, pans, and cutlery.

We will provide a list of necessary items we feel are favourable.

Employers prefer that we handle the travel arrangements. We have partnered with a travel agent who helps us find the best flights possible. We then present these options to the employer for approval.

The agent ensures that all workers travel together to the same farm and coordinates their return flights to South Africa. She is also available 24/7 to assist workers with any travel changes. 

We do not receive kickbacks from this service. 

Cathrine Tolmay

Contact number: +27738683674

E-mail: cathrine@globalexplore.co.za

Global Explore

Website: https://www.globalexplore.co.za

You can also contact:

https://simpletravel.co.za/

Whatsapp for quotations – 

Nicolene

0679711778

Flight costs typically range between R25,000 and R35,000(depend on Rand and Dollar exchange rate.

Flights cost depends on the departure airport, destination, departure date, arrival date, and return date when the bookings are made.

(Refundable by employer).

The preferred airline is Delta, which flies to most of the destinations that the farmers request. 

Booking with one airline makes changing connecting flights easier when you've missed yours (e.g., due to slow customs and immigration processes).

All airports have free Wi-Fi available. Please contact your flight agent to assist.

If you've booked through an airline directly, you must contact them to change the flight. Check their website for the local contact numbers, & remember to have your confirmation number ready when calling. 

If you've booked through a travel agent, contact them to change the flight.

You will be responsible for paying this cost to change your flight. Please note that the airline will not cover this fee, and it will be your own expense.

Check with your airline for the allowed maximum bags and weights. Most airlines have changed to allowing passengers to only travel with one checked luggage item of less than 23kg (50lbs), not two bags as in the past. 

Please visit the following link for the airline your flight is booked with. 

• Emirates

https://www.emirates.com/za/english/before-you-fly/baggage/cabin-baggage-rules/

• KLM

https://www.klm.co.za/information/baggage/restricted-items-checked-baggage

• Delta

https://www.delta.com/us/en/baggage/overview

Please visit the following link for the airline your flight is booked with:

• Delta https://www.delta.com/us/en/baggage/prohibited-or-restricted-items/overview

Emirates https://www.emirates.com/za/english/before-you-fly/travel/dangerous-goods-policy/

Unfortunately, we don't have all the details about the vast benefits the various banks offer. Visit or call your nearest branch to get the details.

If you are employed by a U.S. framer, workers' compensation will cover any medical expenses incurred while on duty. But what happens when you are not on the clock?

If you have any questions regarding travel and medical cover, please contact:

Medical Cover and travel insurance

1.Charlotte Crafford: 

+27 74 695 2239

https://forms.office.com/r/ZeA2EgByG1

2.Medical and Travel Insurance:

Maritza Meiring

Tel: 079 296 4657

Email: martizameiring@gmail.com

 https://www.facebook.com/profile.php?id=61566850649478  

3.Medical and Travel Insurance:

Wybrandt Lubbe: +27 82 568 1874

It is advisable to contact your medical aid to confirm whether they will cover you during your trip and for how long. You are not visiting the US; you are on a H2A visa. Please make sure they have this information.

Farm Recruit USA are not tax practitioners and cannot advise on tax-related questions. Please consult with a professional in this field

To kick off your research, here are a few resources to start with:

• IRS: Federal Income Tax and FICA Withholding for Foreign Agricultural Workers with an H-2A Visa

• IRS: Foreign agricultural workers on H-2A visas

• SARS: Foreign Employment Income Exemption

SARS: Frequently Asked Questions Foreign Employment Income Exemption Pdf

Social Security numbers (SSNs) are nine-digit numbers issued by the Social Security Administration (SSA). SSNs are assigned to U.S. citizens, permanent residents and eligible non-immigrant workers in the United States. (Source: Homeland Security, Social Security).

You need a social security number to file taxes, and open a bank account.

When you are in the U.S., you can apply online and then go to a local Social Security office to provide your documentation. You need proof of employment and a housing address from your employer. Once your application is approved, you'll receive a Social Security card with your number on the card by mail within 14 days. 

Visit Social Security’s website to request a Social Security number for the first time.

If you have lost your South African passport anywhere in the U.S., you should

1. Immediately report it to the nearest local law enforcement agency and obtain a police report.

2. Then contact the nearest South African embassy, consulate, or high commission, who will advise you.

When admitted to the United States, U.S. Customs and Border Protection grants you a period of stay documented on Form I-94, Arrival/Departure Record, or as noted in the passport or travel document. This form will provide the date you need to leave the country.(Source: USCIS)

International travellers visiting the United States can apply for or retrieve their I-94 admission number/record (which is proof of legal visitor status) as well as retrieve a limited travel history of their U.S. arrivals and departures.

Everyone entering the U.S., except U.S. citizens, gets an I-94.

A visa is an entry document, which must be valid for admission when travelling from abroad and seeking lawful admission into the United States at a Port of Entry. An I-94 is a status document, which defines the traveller’s visa status once inside the United States, and the length of stay permitted.

These I-94 records do not have a defined expiration date and remain valid provided that all conditions of lawful status in the U.S. are met, and are kept on record.

For any questions regarding the I94 please visit:

https://i94.cbp.dhs.gov/I94/#/home

The nature of work that employees are expected to perform in the USA varies. You will receive a work agreement that sets the terms and conditions.

Manual labour:

It may include manual labour such as digging holes, cleaning silos, ditches, carts, combines, semi-trucks, or grain carts, laying poly pipes, spraying chemicals using backpack sprayers, repairing and changing worn-out tyres, as well as cleaning and washing machinery and workshops. 

Some of these tasks, such as laying poly pipes, might require working in temperatures exceeding 40°C and high humidity. Therefore, it is important to be prepared and willing to perform any job the employer requires. other may be performed in bitterly cold and wet conditions. 

I understand that you are curious about the nature of your job duties. While your visa class is for a “seasonal farm labourer”, it does not mean that you will exclusively operate equipment such as tractors, trucks, and combines. Your duties may include, but are not limited to: 

• Assisting with planting, tillage, irrigation, chemical or fertilizer application 

• Harvesting and delivering crops to packaging and/or processing facilities 

• Loading seed into planters properly and operating equipment to plant crops 

• Participating in irrigation activities, including laying pipe, setting up and operating irrigation equipment, and clearing and maintaining irrigation ditches 

• Building, constructing and maintaining levees, installing and removing levy gates, and putting in spillways 

• Using hand tools and equipment to repair, clean and maintain farm vehicles, machinery, specialized machinery, and agricultural equipment.

Your attitude determines your success!

No, you are paid for hours worked.

Yes. Federal wage statutes, such as the Fair Labor Standards Act, apply to these workers like any other worker. Additionally, a few states have enacted laws that require overtime pay for agricultural workers. H-2A employers must comply with all such applicable laws.  The majority of States don’t have overtime.

In states that require the payment of overtime, employers manage time worked per period, and will rather employ more workers to keep all within the normal pay rate.

Because the H-2A visa program is for temporary or seasonal work, the visa issued to workers is also temporary, and workers are limited to the duration of the job listed on the temporary labour certification. 

The request must be submitted by the US farmer/employer, who must show exceptional circumstances, like the weather; extensions are typically for two weeks. (Source: farmer.gov)

A person who has held H-2A non-immigrant status for three years continuously must depart and remain outside the United States for 3 months before seeking readmission as an H-2A non-immigrant. (Source: uscis.gov)

• H-2A stays may be extended for qualifying employment in temporary increments of up to 1 year each.

•H-2A classification workers are limited to a maximum total stay of three years in the U.S.

Suppose you overstay the end date of your authorized stay, as provided by the CBP officer at a port of entry or United States Citizenship and Immigration Services (USCIS). In that case, your visa will generally be automatically voided or cancelled, as explained above.

Please take note of President Trump’s as in the 2024 election on these overstays for the future.

The minimum hours mentioned in the contract are applicable only if they are NOT met by the END of the season. There is no guarantee of minimum hours per week for this job. 

Since the work depends on the weather, some weeks might have lower hours due to rain, while others might keep you busy all day, every day.

You are guaranteed 75% of the minimum hours per season.   

For example,

Hours of work per week:  40-hour week 

Period of contract: 30 weeks

The calculation follows 40 hours x 30 weeks = 1200 total hours; 

75% guarantee: 

75% of 1200 hours = 900 hours. 

However, this guarantee is not applicable if you have already worked more than the minimum guaranteed hours during the season. Can only be handled at the end of the contract period.

If the worker's services are no longer required before the end of the contract (the date specified in the job order) for reasons beyond the employer's control and the fulfilment of the job order is impossible, the employer may terminate the job order with the approval of ETA’s Certifying Officer.

An example of a reason beyond the employer's control is an unforeseeable, catastrophic event (fire, weather, or another natural disaster or man-made event).

The employer must pay the three-fourths guarantee for the period between the first workday after the worker arrives at the place of employment and the date of the termination of the job order.

Yes. If the worker fails to work any hours the employer offers (up to a maximum of the number of hours listed in the job order for a workday), then the employer may still count the hours offered toward the three-fourths guarantee.

For more information, see the U.S. Department of Labor's 3/4 Guarantee Fact Sheet.

The Wilberforce document explains your rights in the US. Please print a copy before you leave home.

• Wilberforce Pamphlet (English) https://travel.state.gov/content/dam/visas/LegalRightsandProtections/Wilberforce/Documents/Wilberforce-ENG-100116%20(9).pdf

• Wilberforce Pamflet (Afrikaans)

https://travel.state.gov/content/dam/visas/LegalRightsandProtections/Wilberforce/Wilberforce-Afrikaans-on-sided.pdf 

Please visit the following websites to study your rights while on an H-2A program:

• Employee Rights under the H-2A program

https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/WHD1491Eng_H2A.pdf

• Legal Protections for H-2A Workers

https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/H2AEnglish.pdf

• Farm Workers Rights

https://www.dol.gov/sites/dolgov/files/WHD/publications/Farm_Worker_Rights_Flyer.pdf

• Are You Coming to The United States Temporarily to Work or Study?

https://internationalservices.ncsu.edu/wp-content/uploads/sites/100/2020/08/Wilberforce-Pamphlet.pdf

Visit These Websites for more information about:

• Your rights to be paid fairly, including how to file a wage complaint: https://www.dol.gov/agencies/WHD/immigration

• Your right to join with other workers to improve your pay or working conditions, including how to file a charge:  

https://www.nlrb.gov/ 

• Your workplace safety rights, or if you think your job is unsafe and you want to request an inspection:  

https://www.osha.gov/ 

• How to get unpaid wages from your employer:  

https://webapps.dol.gov/wow/

• Your right not to face discrimination because of your citizenship status and to file a discrimination complaint: 

https://www.justice.gov/crt/filing-charge 

• Equality, and your rights to be free from discrimination at work because of your race, colour, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information, and to file a discrimination charge: https://www.eeoc.gov/ 

• Human trafficking:  

https://www.state.gov/

•Your rights, obligations and exemptions to health insurance:  https://www.healthcare.gov/

The exchange rate is different for every day. 

Please visit any of these websites to see the exchange rate for the day:

https://www.forbes.com/advisor/money-transfer/currency-converter/usd-zar/ 

https://wise.com/gb/currency-converter/usd-to-zar-rate 

https://www.foreignexchange.org.uk/fx-rates/conversion/1/USD/ZAR

Adverse Effect Wage Rates. The AEWR is the minimum wage for seasonal H-2A farm employees and domestic employees.

Agricultural employers must pay their foreign, temporary, seasonal H-2A employees at the minimum wage rate.

For more information, please visit the website:

https://flag.dol.gov/wage-data/adverse-effect-wage-rates

• 2024 

AEWR MAP BY STATE 2024 

https://www.ers.usda.gov/data-products/chart-gallery/gallery/chart-detail/?chartId=86863 

https://flag.dol.gov/wage-data/adverse-effect-wage-rates

• 2023

https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/AEWR-Map-2023.pdf

https://www.mobilefarmware.com/support/wams/aewr/

https://www.bls.gov/oes/current/oessrcst.htm

Fill in the contact form on our website.

Alternatively use one of the following contact numbers:

Office: For all administrative questions, WhatsApp (messages only):
+27 73 942 8840

For general information, guidance, advice, & assistance on the US working environment, technical questions, etc, please contact:
Danie Sr.: +27 83 761 6706

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