H2A Program Guide

H-2A Program Checklist for Texas Nursery Growers If you operate a nursery, greenhouse, tree farm, or ornamental plant production facility in Texas, many nursery production jobs may qualify for the H-2A program because they involve agricultural labor. However, purely landscape installation and maintenance work generally falls under H-2B, not H-2A. Verify your specific job duties before applying.

Before You Begin Confirm Your Business Qualifies ☐ Work is agricultural in nature (nursery production, growing, cultivating, harvesting, greenhouse production, etc.) ☐ Need is seasonal or temporary ☐ Unable to find enough U.S. workers ☐ Have sufficient housing available or a plan to provide compliant housing ☐ Can meet wage, transportation, and recordkeeping requirements ☐ Have Workers' Compensation coverage ☐ Have a valid FEIN and business registration documents

120–90 Days Before Workers Are Needed Workforce Planning ☐ Determine number of workers needed ☐ Identify job duties ☐ Determine work locations ☐ Determine employment dates ☐ Estimate labor budget ☐ Decide whether to file yourself or hire an H-2A agent/attorney

Gather Documentation ☐ FEIN verification ☐ Business licenses ☐ Property ownership or lease agreements ☐ Workers' Compensation policy ☐ Housing information ☐ Transportation plan ☐ Job descriptions

75–60 Days Before Start Date Submit Job Order ☐ File job order with the Texas Workforce Commission (TWC) ☐ Describe wages, duties, hours, housing, and transportation ☐ Begin domestic recruitment efforts The H-2A program requires employers to first attempt to recruit U.S. workers before hiring foreign workers.

60–45 Days Before Start Date File Temporary Labor Certification ☐ Submit Form ETA-9142A with the U.S. Department of Labor ☐ Respond promptly to any DOL requests ☐ Complete required U.S. worker recruitment ☐ Maintain recruitment records ☐ Receive Temporary Labor Certification

After Labor Certification Approval File with USCIS ☐ File Form I-129 Petition for Nonimmigrant Worker ☐ Include approved labor certification ☐ Pay USCIS filing fees ☐ Receive USCIS approval notice

Before Workers Arrive Housing Requirements ☐ Housing inspected and approved ☐ Housing meets federal and state standards ☐ Housing provided at no cost to workers ☐ Kitchen or meal service available Transportation ☐ Transportation plan established ☐ Drivers properly licensed ☐ Vehicles insured ☐ Safety procedures documented Employee Onboarding ☐ Worker handbook prepared ☐ Safety training materials translated ☐ Payroll system ready ☐ Timekeeping procedures established

When Workers Arrive Compliance Requirements ☐ Complete I-9 employment verification ☐ Provide copy of work contract/job order ☐ Conduct safety training ☐ Document worker arrivals ☐ Maintain payroll records ☐ Track hours worked ☐ Monitor housing conditions

Ongoing Employer Obligations Wage Requirements ☐ Pay the applicable H-2A wage rate (AEWR) ☐ Pay U.S. workers and H-2A workers equally for similar work ☐ Maintain payroll records ☐ Issue pay stubs Worker Protections ☐ Provide free housing ☐ Provide transportation as required ☐ Provide Workers' Compensation coverage ☐ Follow the three-quarter guarantee rule ☐ Do not charge recruitment fees

Estimated Budget Categories For each worker, budget for: 

Government filing fees

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Agent or attorney fees

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Housing costs

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Utilities

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Transportation

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Workers' Compensation

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Payroll taxes

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Recruitment costs

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Safety equipment

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Wage rates (AEWR)

Housing and transportation are among the largest H-2A employer expenses and should be planned carefully before filing.

Recommended Resources Federal Resources 

U.S. Department of Labor H-2A Program

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USCIS H-2A Temporary Agricultural Workers

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USDA Farmers.gov H-2A Toolkit & Checklist Builder

Texas Resources 

Texas Workforce Commission Foreign Labor Certification Unit

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Texas Department of Agriculture

Industry Assistance

Many Texas nursery growers use specialized H-2A agents or immigration attorneys to manage filings, recruitment, housing compliance, and worker transportation. The first-year learning curve can be steep, and professional assistance often helps avoid costly compliance mistakes.

Timeline Tip For a Texas nursery, I recommend beginning the process at least 90–120 days before your workers are needed, especially if this is your first H-2A application.

While the program has no annual visa cap, filing deadlines are strict and delays can impact worker arrival dates.

If you'd like, I can also create a Texas Nursery Grower H-2A Startup Budget Worksheet (Excel-style template) showing expected costs per worker, housing costs, filing fees, and break-even calculations for your nursery operation.