A common problem that we at the Hall Law Office see is H-2A workers working outside the H-2A job description. Doing this has two potential consequences. First, it is potentially a violation of the H-2A regulations and could lead to a civil money penalty. Second, it could potentially mean that you’ll have to provide the H-2A job benefits to your domestic workers. That can be a major, unanticipated
How can you minimize your risk? First, have a conversation with your agent. The job description needs to be tailored to your circumstances. One of the things that distinguish a good agent from a better one is crafting a job description that meets your needs rather than using an off-the-shelf generic description. Second, you have to resist the temptation to have the H-2A worker work outside of the job description. We know you have a job to get done, but the risk usually isn’t worth it.
-- Wendel V. Hall