What Immigration and Nationality Act means to ag employers

The Immigration and Nationality Act (INA), as amended by the Immigration Reform and Control Act of 1986, established the H-2A program to allow U.S. agricultural employers to hire foreign workers for temporary or seasonal agricultural labor when there are insufficient domestic workers available. The INA mandates that the employment of H-2A workers must not adversely affect the wages and working conditions of similarly employed U.S. workers. The program requires employers to meet specific conditions, including providing housing, transportation, and wages at specified rates. The H-2A program is administered by the Department of Labor and U.S. Citizenship and Immigration Services, ensuring compliance with these requirements.

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