Start with WorkSource
If you think you might be able to find enough farmworkers in your area, start with WorkSource. They can help connect you to farmworkers in your area. Go to the WorkSource website to find a location near you.
If you anticipate a shortage of workers or skilled help
If you think you might not be able to find enough workers, you can apply to the federal H-2A program. You also can apply if you need a particular skillset not available from local workers. H-2A is a U.S. Department of Labor (USDOL) program that allows you to hire foreign agricultural workers.
Employment Security’s Office of Agricultural & Seasonal Workforce Services (ASWS) manages the federal H-2A program in Washington. We will help you post your job order and begin recruiting domestic workers.
When you apply, you will work with both USDOL and ASWS.
Things to consider before you apply
Avoid delays and issues in your H-2A application by first considering these topics.
Your obligation to first hire domestic workers
To give you permission to hire foreign workers, USDOL must determine that:
- You do not have access to enough domestic workers who are able, willing, qualified and available to do the work.
- Hiring temporary foreign workers will not harm the wages and working conditions of domestic workers similarly employed.
Timing of your application
You need to apply 60-75 days before you need workers.
Worker housing
You will need to provide housing for your workers. Getting a required Temporary Worker Housing license from the Washington State Department of Health (DOH) takes time. Learn about the application process on the DOH website.
Workers’ compensation
You will need to have a workers’ compensation account from the state Department of Labor & Industries. After setting up your account, the state requires other steps. Learn about those steps and about workers’ compensation on the L&I website.
How to apply for the H-2A program
The USDOL manages the application process on the Foreign Labor Application Gateway (FLAG) website. The process is complex. Some employers choose to work with an attorney or agent. These professionals can help you apply and give guidance throughout the duration of your H-2A contract.
At any point, you can get help from ASWS. Contact the ASWS Foreign Labor Certification Team at flch2a@esd.wa.gov for help.
Read and follow the instructions on the FLAG website. The instructions will direct you to submit an agricultural job order, known as Form ETA-790/790A. Note the resources, guides and tutorials in the left column of the FLAG website for help.
What happens after you apply
- ASWS will review the job order and respond within 7 days. We might need to ask for modifications.
- Once we accept your job order, we will refer qualified domestic workers to you.
- After you start recruitment, you need to submit the information to USDOL.
- USDOL will review and process your recruitment information.
Once approved, you need to comply with H-2A rules
The ASWS Compliance Team will help you follow all USDOL H-2A program requirements. Contact the Compliance Team at 360-890-3410 or h2ahelp@esd.wa.gov.
If ASWS finds that you are not following the rules, Employment Security could discontinue H-2A services to you. USDOL may also prevent you from participating in the H-2A program in the future.
As part of their work, the Compliance Team conducts workplace field checks and site visits. Both are required by USDOL.
Field checks
A field check is an unannounced visit to a worksite from members of the Compliance Team. A field check happens if we place at least 1 domestic worker on an H-2A contract.
During the field check, we verify that employers are following all the terms and conditions of the contract.
Go to the Code of Federal Regulations (CFR) website to read the law about field checks.
Site visits
A site visit, also known as a field visit, is a planned visit between an ASWS Compliance Team member and workers on the H-2A job order. We work with the employer to schedule site visits.
We meet at the worksite or at the workers’ housing location. We use the time to educate workers about their rights, the terms and conditions of their contract and what to do if they have a complaint about the employer.
We might need to schedule more than 1 site visit to ensure we meet with all workers. We try to schedule site visits within the first half of the job order term.
Go to the state Legislature’s website to read the law requiring site visits.
Regulations governing H-2A
Go to the CFR website to read the complete set of regulations. Here are some with links to each.
Various required terms and conditions
Employers need to:
- Offer work to all eligible domestic applicants until 50% of the work contract period has passed. Read the fifty percent rule in the CFR.
- Pay the highest of the adverse effect wage rate (AEWR), the prevailing wage, the prevailing piece rate, and the federal or state minimum wage. Read about rates of pay in the CFR. Contact ASWS for this year’s rate.
- Supply workers with tools and necessary equipment. Read about employer-provided items in the CFR.
- Provide workers’ compensation insurance for all workers. Read about workers’ compensation in the CFR.
Housing, meals, transportation
Employers need to:
- Provide free housing that meets federal and state health and safety standards. You must provide housing to all foreign workers and to all domestic workers unable to return to their residences within the same day. Read about housing in the CFR.
- Provide all workers either 3 meals per day or cooking facilities. Read about meals in the CFR.
- Provide free daily transportation between the workers’ housing and the employer’s worksite. And reimburse workers for reasonable costs of traveling to and from the U.S. Read about transportation in the CFR.
Resolving complaints from your workers
Whenever possible, we suggest to workers that they try to resolve issues and complaints informally with their supervisor, employer or human resources representative. ASWS can act as a neutral mediator between worker and employer.
Workers also can file a formal complaint with ASWS. We will:
- Contact you to inform you about the complaint, keeping the worker’s identity confidential, if possible.
- Arrange a discussion between you and the worker, giving guidance to both.
- Refer the complaint to an appropriate enforcement agency if needed.
It is not lawful for you to intimidate, threaten, restrain, coerce, blacklist, discharge or in any way discriminate against workers who file a complaint. Read about the complaint system in the CFR.
Relevant laws and rules
In addition to specific citations on this page, go to: