H‑2A Agent & Filing Guide for Agriculture Businesses (2026)

Everything growers need to know—from ETA‑790A to USCIS I‑129, timelines, recruitment, wages, and compliance.

Seso helps farms file accurately and on time. Talk to an H‑2A specialist.

Table of contents

1. What is the H‑2A program?

2. What an H‑2A agent does

3. The H‑2A filing process (step‑by‑step)

4. Timeline at a glance

5. H‑2A compliance basics: wages, housing, transport

6. Questions to ask your H‑2A agent

7. Why partner with Seso

8. FAQs

What is the H‑2A program?

The H‑2A program lets U.S. agricultural employers bring temporary or seasonal workers when there aren’t enough U.S. workers available. It’s regulated by the Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS).

What an H‑2A agent does

An H‑2A agent (which may be a law firm, agricultural association, or service provider) can coordinate things like filings, recruitment, and filing timelines across DOL and USCIS, and helps you stay compliant with wage, housing, transportation, domestic recruitment, and other program obligations. If a farm labor contractor (FLC) or its agents performs farm labor contracting activities, they must maintain a valid Farm Labor Contractor (FLC) Certificate of Registration under MSPA for the specific activities (e.g., transporting workers). Always ask for proof.

Pro tip: Clarify whether your representative is acting as an agent or attorney because the documentation and responsibilities differ.

The H‑2A filing process (step‑by‑step)

Step 1 — Plan your need (90–120+ days out).
Confirm dates, wages, worksites, number of workers, crops, job duties, and housing availability. Decide whether you’ll file as a fixed‑site employer, farm labor contractor, joint-employer, or as an association. (See DOL Subpart B definitions).

Step 2 — Submit the Job Order (Form ETA‑790A) via FLAG.
Before you can apply for certification, you must submit your job order to the OFLC National Processing Center (NPC) electronically (FLAG). It must arrive no more than 75 and no fewer than 60 calendar days before your first date of need, or 45 days out from the contract start date with an emergency filing. The State Workforce Agency (SWA) will review the Job Order submitted on FLAG. If a Notice of Deficiency is received, the employer will need to respond and potentially adjust some of the items in the ETA-790A. Once approved, the Job Order will be open for intrastate recruitment. 

Step 3 — File the Application for Temporary Employment Certification (ETA‑9142A).
File the ETA‑9142A with DOL after SWA adjudication. If filed less than 45 days before the date of need, you must request an emergency waiver and justify it (though these are not commonly approved. After review, DOL issues either a Notice of Acceptance (NOA) with recruitment instructions or a Notice of Deficiency (NOD).

Step 4 — Conduct positive recruitment and track results.
Follow the NOA’s instructions. The SWA circulates the job order by posting it on the state job board once the 790 is approved. The CNPC posts it on DOL’s seasonal jobs board once the NOA is issued; you must consider qualified U.S. applicants and submit an initial recruitment report by the date specified in the NOA. This is also the stage by which former eligible workers should be contracted and offered employment under the new H-2A contract.

Step 5 — DOL issues a Final Determination.
All applicants must be accounted for, and housing must pass inspection for the total number of workers requested.  If approved, DOL certifies the ETA‑9142A. (You can request limited pre‑determination amendments—e.g., up to +20% workers, or minor date changes—for unforeseen reasons, subject to CO approval.)

Step 6 — File the USCIS petition (I‑129 / I‑129H2A) and coordination of foreign workers.
As of Oct. 2, 2025, petitioners seeking unnamed beneficiaries can e‑file the new Form I‑129H2A (USCIS petition). USCIS will not complete adjudication until the labor certification has been approved by DOL - the I-129 should be concurrently approved. 

Unnamed workers: After USCIS approval, worker appointments can be scheduled at the consulate. Processing times vary depending upon the country of origin. Approved applicants will receive visas and start inbound travel.

Named workers: In-country transfer workers can begin work the day the I-129 is receipted at USCIS. 

Step 7 — Onboarding & Ongoing Compliance.Pay the required wage, reimburse all visa-related expenses within the first workweek, reimburse inbound transportation no later than the 50% point in accordance with FLSA, provide compliant housing and transportation, honor the three‑fourths guarantee, accept qualified U.S. referrals during the “50 percent rule” period, and keep records. (Key citations below).

Onboarding Timeline

Pre‑visa (offer accepted)

• Issue the job contract/approved job order in a language the worker understands:

  • Visa applicants: deliver no later than the visa‑application stage, by the time the worker applies for the visa (DS‑160 submission/scheduling) and certainly by the consular interview

  • H‑2A from another H‑2A employer or visa‑exempt: deliver no later than when an offer is made

  • In‑country/corresponding workers: deliver by Day 1 if not already delivered

• Contract format guidance

  • Either the approved Job Order or a separate written contract that matches the Job Order content satisfies the rule

  • Best practice: provide a readable, separate contract that mirrors the Job Order and includes any additional state‑required disclosures (for example, NY sexual‑harassment policy), plus key work rules that materially affect working conditions (for example, termination‑for‑cause and discipline)

• Workers may complete I‑9 Section 1 any time after accepting the offer; deadline is Day 1

7–10+ days before travel

• Confirm travel and housing assignments; share arrival instructions

• Send Document Upload links via WhatsApp, SMS, or Email; monitor and resend as needed

• Collect any remaining IDs and contact info needed for onboarding and payroll setup

Consulate appointment / travel day

• Confirm visa status and travel itinerary

• Send Onboarding links via WhatsApp, SMS, or Email (consulate downtime often improves completion)

After visa issuance

• Send Visa Upload links to workers via WhatsApp, SMS, or Email so they can promptly upload visa images

U.S. entry

• Retrieve or verify each worker’s I‑94 admission record; keep a copy for onboarding

• If missing/incorrect, contact the closest CBP Deferred Inspection Site to correct it

• Online I‑94s may take 24–48 hours to appear; continue I‑9 timelines and backfill once available

Day 1 (hire date = first day of work for pay)

• Employee completes Form I‑9 Section 1 no later than the first day of employment

• Provide orientation: safety, schedules, pay frequency, housing rules, who to contact

• Provide the written contract now if it was not delivered earlier per the timing above

• Seso note: the platform supports employer countersign before the start date if your policy allows; legal deadlines still apply (Section 1 by Day 1, Section 2 within three business days)

By the end of Day 3 after hire

• Employer completes Form I‑9 Section 2 by reviewing acceptable documents

  • H‑2A common List A: foreign passport + Form I‑94 showing H‑2A class of admission

• If you use E‑Verify, open the case after completing the I‑9 and no later than the end of the third business day after the hire date

  • In Seso, case creation occurs once an SSN is present; the system backfills the case number and records the reason for any delay

First week

• Finish remaining onboarding items (for example, tax forms, direct deposit)

• Distribute required notices and confirm workers received housing/transport details and PPE

Additional disclosure guidance (U.S. workers and best practices)

• Corresponding U.S. workers must receive the disclosure no later than the day work begins

• MSPA may require earlier disclosure for U.S. workers:

  • Migrant workers (traveling from their permanent residence): disclose at the time of recruitment

  • Seasonal local workers: disclose at the time of the employment offer

• Best practice: include any work rules or policies that materially affect working conditions (for example, grounds for termination) in both the Job Order and the contract disclosure so expectations are clear up front and defensible later

Notes

• Hire date for I‑9 purposes is the first day of employment for wages or other remuneration

• Do not set the hire date before the certified contract start date or outside the certified period

• Reverification: when workers transfer or are extended, reverify upon USCIS decision or by the applicable 120/240‑day limit (whichever comes first) and update Supplement B

• Link delivery: document, onboarding, and visa links may be sent via WhatsApp, SMS, or Email based on worker preference

This checklist is general information, not legal advice. Always confirm current federal/state requirements

H‑2A timeline at a glance

• 120–90 days out: Planning (dates, headcount, housing, worksites).

• 75–60 days out: Submit ETA‑790A to DOL NPC with SWA via FLAG (NPC → SWA review and clearance).

• ≈45+ days out: File ETA‑9142A (earlier is safer). Emergency filings under 45 days must be justified.

• NOA period: Run positive recruitment; track and submit the recruitment report on the date specified by the CO, ensure the housing has been or will be inspected no later than 32 days before the contract start date.

• After certification: File USCIS I‑129/I‑129H2A; consular processing and worker arrival.

H‑2A compliance basics: wages, housing, transport

• Wages (AEWR, prevailing, collectively bargained, or federal/state minimum—pay the highest applicable). You must offer, advertise, and pay at least the highest of these rates. Check your state’s Adverse Effect Wage Rate (AEWR) annually.

• Three‑fourths guarantee. Guarantee work hours totaling ≥ 75% of workdays in the contract period.

• Housing. Provide no‑cost, approved housing to H‑2A and corresponding workers who can’t reasonably return home daily.

• Transportation. Provide no‑cost daily transport between housing and worksites and pay inbound/outbound transportation & subsistence as required. (Note: elements of the 2024 Worker Protection Rule—including seat‑belt provisions—have been the subject of litigation and agency updates; confirm current enforcement status.)

• “50 percent rule.” You must continue to accept qualified U.S. workers until 50% of the contract period has elapsed, unless you qualify for the small business exemption (i.e. you have used fewer than 500 man days of agricultural labor in the last season).

Choosing the Right H‑2A Agent

Selecting the right H‑2A agent is one of the most critical decisions you’ll make in the H‑2A filing process. Your agent will be responsible for guiding you through the entire process, from filing forms to ensuring compliance with federal and state regulations. Choosing an agent who understands the intricacies of H‑2A regulations and can offer reliable, timely service will save you time, reduce risk, and help ensure that your workforce is in place when you need them.

Here are the key factors to consider when selecting an H‑2A agent:

1) Expertise and Experience

Make sure your H‑2A agent has significant experience with H‑2A filings and the agricultural sector. This experience ensures that they understand the nuances of the process and can handle any complexities that arise. Look for agents who specialize in agricultural labor visas, work with plenty of agriculture businesses similar to yours, and have proven success in securing approvals on time.

• Ask: How many H‑2A filings have you handled, and what is your success rate?

• Look for: An agent with a robust portfolio and testimonials from growers in similar industries (e.g., horticulture, livestock, or crop farming).

2) Comprehensive Service Offering

An ideal H‑2A agent should offer full-service support throughout the entire process, including:

• Recruitment support: Assisting with posting job orders, conducting recruitment in compliance with DOL regulations, and maintaining recruitment reports.

• Documentation management: Ensuring all forms are filled out accurately and submitted on time, including the ETA‑790A, ETA‑9142A, and USCIS I‑129 petitions.

• Legal support: Handling any legal complexities that arise with worksite compliance, wage requirements, housing regulations, or worker transportation.

3) Knowledge of Compliance Requirements

Your H‑2A agent should be well-versed in labor laws and compliance regulations related to H‑2A workers. This includes understanding the AEWR (Adverse Effect Wage Rate), housing requirements, transportation rules, and the three‑fourths guarantee.

• Ask: How do you stay current with changes in H‑2A compliance regulations?

• Look for: An agent who can demonstrate a proactive approach to compliance, ensuring that all wages, housing, and transport standards are met to avoid costly fines or delays.

Note: Seso hosts regular webinars and posts them on our website to help agriculture business owners stay compliant.

4) Proactive Communication

Communication is key in the H‑2A process. Choose an agent who is responsive, transparent, and proactive in keeping you informed at every stage of the process.

• Ask: How often will you update me on the status of my application?

• Look for: An agent who offers regular status updates, provides guidance on potential issues before they become problems, and answers questions promptly.

5) Track Record and Reputation

It’s important to research an agent’s reputation within the industry. Read reviews and talk to other farmers or employers who have used the agent’s services.

• Ask: Can you provide references from other agricultural employers you’ve worked with?

• Look for: An agent who has positive reviews and can provide testimonials or case studies from satisfied clients.

6) Cost and Fee Transparency

Understand the cost structure of the agent’s services. Ensure that all fees are clearly outlined upfront, including costs for documentation, filing, recruitment, and compliance support.

• Ask: What are the total fees for your services, and are there any hidden costs?

• Look for: A clear and transparent pricing model. While costs can vary, make sure you're comfortable with the fees and services provided.

7) Technology and Tools

A good H‑2A agent should utilize technology tools to streamline the process and provide transparency. This includes online portals for tracking application status, recruitment reports, and filing progress.

• Ask: Do you provide an online portal for tracking the status of my filings and recruitment efforts?

• Look for: An agent who offers user-friendly digital tools that give you easy access to documents, forms, and deadlines.

8) Customer Service and Support

Finally, choose an agent who values customer service. You should feel comfortable reaching out with any questions or concerns throughout the process. Excellent support can make a huge difference, especially when navigating complex regulations or meeting tight deadlines.

• Ask: What is your process for addressing urgent concerns or issues during the filing process?

• Look for: An agent who has dedicated support staff and offers assistance during non-business hours, especially during peak H‑2A seasons.

Questions to ask your H‑2A agent

Use this list to compare providers:

1. Who are you legally in my case—agent or attorney? If you (or your subcontractors) perform farm labor contracting activities, share your FLC Certificate of Registration and authorizations (e.g., transport).

2. What’s your plan for the 60–75‑day job‑order window and <45‑day emergencies? How do you avoid NODs and keep dates on track?

3. How do you manage recruitment, the NOA requirements, and the recruitment report?

4. How will you ensure my wage, housing, transport, and three‑fourths guarantee compliance?

5. Can you handle amendments if weather or markets change? (e.g., modest worker increases or minor date shifts.)

6. What’s your process for USCIS filings now that I‑129H2A e‑filing exists for unnamed beneficiaries?

Why partner with Seso

• End‑to‑end coordination. Seso manages FLAG filings, recruitment reporting, and USCIS petitions with clear owner checklists.

• Deadline discipline. Our workflows back‑plan from your first date of need so your ETA‑790A hits 60–75 days and your ETA‑9142A is filed on time.

• Compliance built‑in. We operationalize AEWR changes, housing approvals, transportation, the three‑fourths guarantee, and the 50 percent rule.

• Change‑ready. We monitor rules (e.g., the 2024 Worker Protection Rule status and 2025 USCIS I‑129 H2A e‑filing) and adjust processes fast.

Let’s scope your season → Talk to an H‑2A specialist

FAQs

What forms are in a standard H‑2A filing?
ETA‑790A (job order), ETA‑9142A (temporary labor certification), and USCIS I‑129 / I‑129H2A (visa petition). Workers then complete DS‑160 and consular processing.

When do I submit the job order (ETA‑790/790A)?
No more than 75 and no fewer than 60 calendar days before your first date of need, the ETA-790A is submitted to the SWA for clearance through the DOL FLAG system.

How early should I file ETA‑9142A?
At least 45 days before the date of need immediately after receiving the SWA NOA (earlier is better). Under emergencies, you may request a waiver to file inside 45 days.

What wage must I offer and pay?
At least the highest applicable of: AEWR, prevailing wage, agreed collective‑bargaining wage, or federal/state minimum.

Do I have to keep hiring U.S. applicants after my H‑2A workers arrive?
Yes—until 50% of the contract has elapsed (the “50 percent rule”), you must accept qualified, available U.S. workers.

What is the three‑fourths guarantee?
You must guarantee hours equal to at least three‑quarters of the workdays in the contract period.

Legal note: This page is for general information and is not legal advice. Regulations change; always confirm current rules with DOL/USCIS or counsel.