April 7, 2022

An Expensive H-2A Lesson


The U.S. Department of Labor recently assessed a Florida farm labor contractor over $37,000 for failing to reimburse fees to its H-2A workers.[i] The H-2A program allows for the employment of nonimmigrant workers for seasonal and temporary agricultural work. The federal program requires employers to reimburse H-2A workers for certain costs by the end of their first workweek or pay period.

The Florida farm labor contractor was found by the DOL to have to reimburse its H-2A workers for visa fees. The hefty penalty handed down by the DOL is a stark reminder of the substantial penalties that may be assessed for failure to follow program guidelines.

Western Growers H-2A Services helps members navigate the federal H-2A temporary worker program by filing cumbersome applications and interfacing with various governmental agencies, while helping to ensure program compliance..

Members can receive legal guidance and special member-only pricing for H-2A services, plus training and updates by contacting Western Growers.

[i] As a result of the DOL investigation, the employer was also required to pay $9K in back wages to the impacted workers.