What Displacement of U.S. Workers means to ag employers

Displacement of U.S. workers in the context of the H-2A program refers to the layoff of similarly employed U.S. workers to make way for H-2A workers, except for lawful, job-related reasons. Employers are prohibited from displacing U.S. workers during the period of employment of H-2A workers and the 60-day period immediately preceding it. This ensures that the employment of H-2A workers does not adversely affect the job opportunities of U.S. workers in the same occupation and area of intended employment. Employers must demonstrate that there are no qualified U.S. workers available before hiring H-2A workers.