A Farm Labor Surety Bond is a license & permit bond required by the U.S. Department of Labor as part of the Immigration and Nationality ACT which authorizes the lawful admission of temporary, non-immigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature. Farm Labor Surety Bonds may also be referred to as H2A surety bonds.
The farm labor surety bond must be written to cover liability incurred during the term of the work contract period listed on the H-2A Application and must remain in effect for a period of at least 2 years from the expiration date of the labor certification. H-2ALCs must obtain surety bonding in the following amounts:
- $5,000 for a labor certification with fewer than 25 employees
- $10,000 for a 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
Each certification filed with the USDOL must have an accompanying farm labor surety bond equal to the number of migrant workers being hired.