National Agriculture Consultants
We file your H2A paperwork with local, state, & federal foreign labor certification agencies- from start to finish. When you succeed, we succeed – a proud partnership.
Hi, We’re NAc
With 24+ years of experience, our staff has worked under 4 different sets of regulations. We understand the unique situation of a family business, much like most of your farms. We have assisted in hundreds of federal audits and assisted with compliance to ensure no further violations.
Once your workers arrive, our jobs aren’t done. We are still here for you, throughout your season. Each employer gets access to forms and documents that will assist you during your growing season. Like your business, we aren’t Monday – Friday. Every employer gets Theresa’s cell phone number to contact in the event of an emergency on the weekend and after hours.
“Ag is in my blood… This is my very small part in feeding American every day”
Employers
States
Years
Meet the Team
Theresa Ward
Owner/Founder
Jenee Schieler
Worker Specialist
Morgan Pelton
Recruitment Specialist
Daniella Smith
Recruitment Specialist
Erin Gaddy
Order Specialist
Blake Gaddy
Security Specialist
WHAT IS H2A?
The H-2A program is a federal program that permits agricultural employers to apply for nonimmigrant alien workers (guest workers) to perform any type of agricultural work of a seasonal or temporary nature from a maximum of ten months.
The purpose of the H-2A program is to ensure employers have a legal and adequate labor force while also protecting the jobs and wages of U.S. workers. You cannot give a job to a foreign worker that a domestic (US) worker wants and is willing, available and able to do.
WHEN TO APPLY
All orders must be sent in no earlier than 75 days before your date of need, and no later than 60 days before your date of need. If we wait until the 60 mark you stand a good chance of your workers being delayed. NAC requests that you have your job order to us at least 90 days before your date of need.
WHO MAY APPLY?
Any agricultural employer who needs workers to perform agricultural labor or services of a temporary or seasonal nature. You must have a temporary or seasonal need of no more than 10 months. It’s not that you can get by for two months without workers, it’s that you don’t have a need for workers for at least two months.
NAC employers that use the H2A program include:
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- Plant Nurseries and Greenhouses
- Fruit & Vegetable Farms
- Orchards
- Tobacco Farms
- Grain & Hay Farms
- Livestock Farms
- Sod Farms
- Agricultural Truck Drivers
- Fish Hatcheries
- Row crops
- Christmas Tree Farms
PROGRAM REQUIREMENTS
Transportation
H-2A employers are responsible for providing, paying, or reimbursing travel costs for all non-local workers (Foreign and US/Domestic) incoming travel expenses.
Once the contract has been completed, you must return them to their place of recruitment as well. H2A workers must also have all of their visa costs reimbursed the first workweek.
NAC provides you with detailed travel reimbursement guidance once your workers are confirmed as crossing.
Housing
H2A employers must offer completely free housing to all workers that can’t reasonably return to their permanent residence at the end of each workday.
The housing must be inspected by the State Workforce Agency (SWA) or agency assigned by the SWA prior to being certified (allowed) to use H2A workers.
Wage & Work Hours
H2A workers must be offered full-time employment (35+ hours per week) for the contract period. The wage rate is determined by the government based on occupation and location.
Employers must offer at least 75% of the contracted work hours. Workers shouldn’t work more than 20% of the hours in the contract, consistently.
Recruitment
H2A employer must attempt to recruit local workers. That recruitment includes posting the job order online, word of mouth, contacting former US workers that successfully completed the previous season.
You CAN NOT offer a job to a foreign worker that a domestic worker is qualified and available for.
NAC assists and coordinates the placement of the job order with the state workforce agency. We haven’t placed newspaper ads since December 2019. In a few instances some areas will be asked to place newspaper ads.
Workers Compensation
You must provide workers compensation for all of your workers for your entire contract period. We must submit proof prior to DOL certifying your job order.
You can’t provide coverage for your H2A workers and not your local or domestic workers.
Record Keeping
There are certain record keeping requirements when using the H2A program.
NAC keeps most of their files electronically, and is able to send them to the various agencies requesting them, or submit them to you for your safe keeping.
Plan Your Timeline
Submission Date
Start Date
Submit your application packet to NAC, and we customize your job order. There will be several exchanges to ensure we cover everything you need included and to exclude anything that isn’t needed.
Once your job order is submitted we are not allowed to make changes, unless one of the agencies request them. This includes new field locations, additional housing, or an increase in your request.
This is why it’s so important that you carefully read and review your job order prior to us submitting it.
On day 75 (or the first business day after that date) we will submit your job order to the State Workforce Agency (SWA).
This is an attempt to recruit domestic workers and put them on notice concerning the need for a housing inspection. There may be several exchanges to ensure the SWA has the complete story.
Once CNPC accepts the job order, NAC will draft and submit your recruitment report. This report will include your proof of workers’ compensation and include the information of any domestic applicants who have applied up to that date.
Once your housing passes inspection and the recruitment report is finalized CNPC will issue a labor certification.
Federal Law outlines that they should certify you at least 30 days before your date of need. If everything is sent earlier and completed earlier they will certify you earlier. So when possible get your housing inspected earlier than the last minute.
Once CNPC accepted the job order, NAC will draft and submit your recruitment report. This report will include your proof of workers compensation and include the information of any domestic applicants that has applied up to that date.
Once your housing passes inspection, and the recruitment report is finalized CNPC will issue what is called a labor certification.
Federal Law outlines that they should certify you at least 30 days before your date of need. If everything is sent earlier, and completed earlier they will certify you earlier. So when possible get your housing inspected earlier than the last minute.
After we receive notification that your work visas have been approved, if you are using CSI as a foreign labor recruiter, NAC will make appointments for your workers at the US Consulate in Mexico.
Once the workers are issued work visas, and cross the border, we will notify you by email and include your travel reimbursement packet. The packet will include the most economical transportation amounts. These could vary depending on how the workers traveled to your farm once they get to the border.
If everything goes in a timely manner, you will have your workers on your farm on your start date.
Workers who arrive earlier are not allowed to work until the official certified start date.
Services
Administrative Support
regulations consulting
Our knowledgeable staff provides regulatory consulting for the H2A program. We cut through the red tape and deal with the various government agencies so that you can focus on running your agricultural business. We attend regular meetings and training to stay on top of any coming changes.
Compliance &
Audit Support
We assist with submitting the documents requested by the various government agencies that do audits. We understand their terminology, and how they like the reports formatted. We will upload and provide the requested documentation in a timely manner. We have assisted hundreds of employers like yourself, with these tedious and stressful audits.
What our CLients Are Saying
★★★★★
” After having a recent Wage & Hour audit we are grateful to have a team such as NAC. Their knowledge, support and assistance made the audit much easier. Wage & Hour was impressed with how quickly we were able to provide them the requested documents. We have tried other agents, and NAC is by far the best. Thank you NAC ” – Duncan Family Farms
FAQ
What’s the maximum length of time I can have my contract?
10 months is the maximum contract length.
What’s the shortest length of time I can have my contract?
There is no minimum amount of time when it comes to DOL. CBP (Border patrol) doesn’t like to allow workers to cross that have less than 30 days on their visa.
If I have a slow time during my contract, can I send my workers to work somewhere else?
No. Your workers are only allowed to work for you, in the crops and activities listed in the contract.
Can my workers mow my grass and weed the garden at my house?
No. Workers can do yard work on the farm and at their housing, but not your personal home.
Can I let one of my worker wives come and baby sit or nanny my children?
No, your workers are only allowed to work for you as outlined in your H2A contract. If their spouse comes on an H4 visa, they are not allowed to work while they are here.
I have a worker that worked for me in the past illegally. They want to go home and cross legally on a visa. Can they do that?
You have a 50/50 chance at getting a worker that has been here illegally. The consulate will issue a penalty that will vary based on how long they have been in the US illegally.
When we file the paperwork for your work visas, they are all unnamed, so you will be able to request another worker to replace the worker if they are denied a work visa.
Another farm in my area has H2A workers. Can I get worker recommendations from their workers?
Yes, you can accept names or recommendations from other workers. We recommend that you only accept one name per worker.
If you accept names you would have them sign a document stating they will not charge the worker, for recommending them for the job. It’s the Mexican culture to charge for everything, however its not allowed in the H2A program. You can find the worker recommendation form under resources.
If a worker gets sick, am I responsible for their medical bills? Such as if they get the flu or have kidney stones?
It’s the same as a domestic worker having a personal medical issue. You need to ensure they are taken to the doctor or hospital, but they are responsible for the expenses. If in doubt that its personal or work-related file a claim with workers compensation and let them decide.
One of my workers needs to return home for a death in the family. If they leave, can they come back?
Yes. The workers have multiple entry visas. If they have at least 30 days on their original visa they should be able to leave and return. They are responsible for the cost of this transportation, and not the farm.
Tell them to keep in contact with you about their return date. If they don’t return, or notify you they can’t return, we need to report them to various government agencies. Your ¾ guarantee doesn’t stop until we report them. See the wage statement package to see how to record a leave of absence on their wage statements.
I am building housing for my workers. Is that allowed? How do I know what to include?
Yes, the housing must still pass inspection before they will certify you. If the housing passes late your workers will be late. We always recommend that you contact your local housing inspector to ensure the housing will pass inspection once its completed.
What do we have to supply for the workers housing?
Everything except their personal belongings. Once the workers arrive they can purchase their choice of personal hygiene items, however the dishes, bedding, towels, cleaning supplies, and toilet paper, must all be supplied by you.
Since I filed my order I purchased or rented a new field. Can I add it to the order?
No. Once you are certified no changes can be made. H2A workers will not be able to work on the new worksite, however your domestic workers can. If you can enter the new field through one of the fields listed on the job order, they can work in the new field.
Due to storm damage, I no longer have a crop. Can I cancel my contract?
If you have a crop loss due to a storm, drought, flood, hail, or any other weather related reason you are able to declare of Act of God or Contract Impossibility. This will stop the contract, end your contract, and end your ¾ guarantee.
Dept of Labor (DOL) has to approve it. You will be required to submit proof of the event and damage to DOL. There are still certain requirements that must be done prior to ending the contract.
I have some high school kids that help out part time during the summer months. While they are good workers, they don’t the same amount of work as the H2A workers. Do I have to pay them the AEWR?
Yes. Any job duties listed in the contract, or that your H2A workers perform, you domestic workers get the same terms and conditions of the H2A contract, even if they don’t want it. They get the ¾ guarantee, the wage rate, and housing (if they aren’t local). It doesn’t matter if they are part time or full time.
I have a worker that has family in the area. He/she isn’t going to stay in my housing. Can I get another worker?
No. That bed must stay available for the entire contact period in the event he/she loses the housing they secured for themselves. (fire, eviction, disagreement, etc.) You need to have them sign a statement that they are waiving their rights to employer provided housing. You can find one under our forms section on the website.
All of my workers are related somehow. Does this mean that I have family housing
Family housing is when you house families whether its your H2A workers or domestic workers. Just because your workers are related, that doesn’t mean you have family housing. If you house non-working family members you supply family housing and it must be reported in your contract. This counts H4 workers.
My state doesn’t require workers compensation insurance due to my size. What do I need to send you in place of that?
Regardless of what you state laws are, or you size you must provide workers compensation for all of your workers (H2A and domestic).
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