From Risk to Reliability: A Guide to Finding the Right H-2 Partner
The H-2 visa programs—both H-2A for agricultural labor and H-2B for non-agricultural seasonal work—are lifelines for many industries facing critical labor shortages. But as demand for seasonal and temporary workers grows, so does the number of third-party agencies, recruiters, and law firms offering to “help” employers navigate the system. Unfortunately, not all of these partners operate ethically—or even legally.
Choosing the right H-2 partner can make the difference between a smooth labor pipeline and costly compliance headaches. At Farmer Enterprises, we’ve seen firsthand how the wrong partner can leave employers exposed to government penalties, operational disruptions, and reputational damage. Below are some best practices to help you vet your H-2 partners with confidence.
Verify Legal Credentials and Compliance Track Record
Not every recruiter or consultant offering H-2 services is authorized to do so. Employers should:
- Confirm that law firms handling your petitions are in good standing with the bar.
- Check whether recruiters are licensed (where required) and registered with the Department of Labor.
- Ask for documentation of past compliance audits and government approvals.
Takeaway: A legitimate partner will be transparent and willing to provide this information upfront.
Assess Transparency in Fees and Contracts
Hidden fees or unclear terms are red flags. Best practices include:
- Requiring detailed breakdowns of all fees.
- Ensuring workers are not being charged illegal recruitment fees, which can create liability for the employer.
- Reviewing contracts carefully for termination clauses, liability protections, and cost structures.
Takeaway: Clear, fair agreements protect both you and your workforce.
Evaluate Worker Recruitment Practices
Your partner’s recruitment practices directly impact your compliance risk. Look for:
- Recruitment networks that prioritize ethical sourcing and worker protections.
- Written policies that prohibit charging workers for jobs or visas.
- Verification that workers receive contracts in their native language outlining pay, housing, and working conditions.
Takeaway: A partner who mistreats workers exposes you to legal action and reputational harm.
Confirm Experience in Your Industry
Different industries—from hospitality to meat processing to landscaping—have unique staffing challenges. Strong partners should:
- Demonstrate proven experience managing H-2 visas for your specific industry.
- Provide references from employers in similar sectors.
- Show knowledge of seasonal timelines, peak demand cycles, and operational realities.
Takeaway: Industry alignment ensures your workforce solutions are practical and effective.
Demand Data-Driven Accountability
The best partners track and share outcomes. Employers should ask:
- How many workers were successfully placed last season?
- What percentage of petitions were approved without Requests for Evidence (RFEs)?
- How does the partner monitor compliance with wage, housing, and transportation requirements?
Takeaway: Data builds trust and helps you measure ROI.
Prioritize Long-Term Partnership, Not Short-Term Gains
H-2 solutions are not one-off transactions—they’re strategic workforce pipelines. Vet partners who:
- Take time to understand your company’s long-term labor needs.
- Offer proactive communication throughout the visa process.
- Focus on sustainable, compliant staffing rather than “quick fixes.”
Takeaway: Sustainable partnerships keep your operations stable year after year.
The stakes are high when choosing an H-2 partner. A bad decision can cost your company time, money, and reputation. By focusing on compliance, transparency, worker protections, industry expertise, and accountability, employers can protect their operations while building a stronger workforce.
At Farmer Enterprises, we help employers cut through the noise and connect with trusted H-2 solutions that align with their business goals. If you’d like to learn more about vetting your H-2 partners—or how we can help—contact us today.
