Farmer FAQ · H-2A filing guide

Five answers before your H-2A season starts.

The H-2A process has a sequence, a wage floor, and more than one kind of cost. Here is the plain-language version of the questions farmers ask us most.

This page is general information, not legal advice. Agency rules, fees, and wage rates can change; confirm the current requirements for your case.

01

When should I start my H-2A filing?

Start planning as soon as you know your first date of need—ideally 90 days or more ahead. The Department of Labor says the H-2A job order (Form ETA-790/790A) should be filed 75 to 60 calendar days before that date, and the H-2A application (Form ETA-9142A) should be filed at least 45 days before it. Starting early gives you time to confirm the job details, housing, wage offer, recruitment materials, and any corrections before workers are needed.

02

When does Form I-129 fit relative to my start date and DOL certification?

Form I-129 is the USCIS petition stage after the DOL temporary labor certification process—it does not replace the DOL job order or ETA-9142A application. Plan the DOL job order for 75 to 60 days before the first date of need, the ETA-9142A application at least 45 days before that date, and then file Form I-129 with USCIS after certification. Leave practical time for DOL review, recruitment, corrections, USCIS processing, and consular steps; the 45-day point is a filing requirement for the DOL application, not a guaranteed approval timeline.

03

What does an H-2A filing cost all-in?

Budget in separate buckets: government charges, H2A FileOS service fees, and any attorney or other professional fees. H2A FileOS currently publishes an $899 initiation fee after the intake callback and a $2,199 admin fee when the case is actioned; its published schedule also identifies per-worker recruitment or visa, transfer, and audit-response services as quoted items. Government amounts are paid to the agencies and can change: DOL certification charges and State Workforce Agency fees depend on current rules and the state, while the USCIS Form I-129 fee depends on the current USCIS fee schedule and petition details. Attorney fees are separate and variable. The employer also needs to budget for required wages, housing, transportation, travel, and other case-specific obligations; workers cannot be charged prohibited job-placement fees.

04

What is the prevailing wage, and how does it affect my budget and worker pay?

The prevailing wage is the wage rate recognized for a particular agricultural occupation and area; it is only one possible wage floor. An H-2A employer must offer, advertise, and pay at least the highest applicable rate among the Adverse Effect Wage Rate, the prevailing wage, an agreed collective-bargaining wage, and the federal or state minimum wage. Rates can vary by state, occupation, skill level, and year, so use current Department of Labor wage data when preparing the job order and budget for the highest applicable rate for every worker, including corresponding U.S. workers.

05

What does H2A FileOS handle, and when should I hire a lawyer?

H2A FileOS organizes your intake, uses your information to generate drafts of the ETA-790/790A, Form I-129, and housing certification checklist, and helps track filing milestones and missing information. It is a filing workflow and document-support service, not a law firm, and it does not replace legal advice, legal representation, or an agency’s decision. Consider engaging an immigration lawyer for unusual eligibility questions, prior denials or debarment, joint-employer or farm-labor-contractor issues, audits, requests for evidence, disputes, worker-protection concerns, or any situation where you want legal advice or representation. This page is general information, not legal advice.