Farms or ranches looking to hire temporary nonimmigrant workers (H-2A Workers) to perform agricultural labor or services of a temporary or seasonal nature must submit an application to the US Department of Labor, Wage and Hour Division. Part of the H-2A application process includes posting a surety bond to cover liability incurred during the term of the work contract period applied for. Applications for Farm Labor Contractors can be found here on the Department of Labors website. The bond will remain in force for at least 2 years from the expiration date of the labor certification. Bond amounts vary on the number of employees being hired:
- $5,000 for a labor certification with fewer than 25 employees
- $10,000 for labor certification with 25 to 49 employees
- $20,000 for a labor certification with 50 to 74 employees
- $50,000 for a labor certification with 75 to 99 employees
- $75,000 for a labor certification with 100 or more employees
This bond must be payable to the Administrator, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue, NW, Room S-3502, Washington, DC 20210.
In addition to the surety bond, the H-2A employer must provide the following items:
- Proof that all housing and transportation, if provided or secured by the fixed-site employer, complies with applicable safety and health standards
- Copy of each work contract agreement between the H-2ALC (Labor Contractor) and the agricultural business to which they expect to provide workers
- List of names and locations of each fixed-site agricultural business to which they expect to provide H-2A workers, the dates of each employment opportunity, and a description of the crops and activities the workers are expected to perform at each area of intended employment
Pacific Surety offers industry low rates and can obtain approvals for almost all credit situations, with rates as low as 1% with qualifying applicants. Once our simple application has been completed, we can have pricing to you within hours. Please contact our knowledgeable underwriting staff with specific questions.