Farm Labor Contractor & H-2A Bonds

Farm Labor Contractor &
H-2A Surety Bonds

If you file your own H-2A petitions, federal law requires a surety bond before you can be certified — and California, Oregon, Washington, and Idaho require a state FLC license bond. We write both, fast, in all 50 states. Estimate your H-2A bond below, then get an exact quote.

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States licensed
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Bond issuance available
$5K–$75K+
H-2A bond range (AEWR-adjusted)
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New & challenged credit welcome

The short answer

  • Federal law (MSPA) requires farm labor contractors to register (Form WH-530) — not to post a bond. Registration is a license, not a surety bond.
  • A federal surety bond is required only of H-2A Labor Contractors — labor contractors who file their own H-2A applications to bring in guest workers, under 20 CFR 655.132. Fixed-site farms filing their own petitions do not post it.
  • Four states require a separate state FLC license bond: California, Oregon, Washington, and Idaho. Most other states — including KY, GA, NC, LA, TN, SC, AL, MS — do not.
  • We issue farm labor contractor and H-2A bonds fast, in all 50 states. Estimate your H-2A bond ↓
Free Tool

H-2A Labor Contractor Bond Calculator

Estimate the surety bond you'll need to file your H-2A Application for Temporary Employment Certification (ETA-9142A), using the federal formula in 20 CFR 655.132.

The Adverse Effect Wage Rate (AEWR) is set by US DOL and changes each year by state — it drives the bond amount. Look up the current AEWR for your state →

Statutory base bond (your worker tier) $10,000
Estimated bond required AEWR-adjusted ~$17,840
Estimated annual premium good credit, ~1–3% ~$180–$535

Estimate only — not the official amount. DOL/OFLC sets your exact bond at filing: base × (avg AEWR ÷ $9.25), with further increases above 150 workers. We confirm your exact figure before you file. Sources: 20 CFR 655.132 · DOL Fact Sheet #26H.

What is a farm labor contractor bond?

A farm labor contractor (FLC) surety bond is a three-party guarantee. You, the farm labor contractor, are the principal. The government body that requires the bond — the U.S. Department of Labor for the federal H-2A bond, or a state agency for a state license bond — is the obligee. The surety company backs the bond. The bond guarantees that you'll pay your workers the wages and benefits you owe and follow the program's worker-protection rules.

Important: a surety bond is not insurance that protects you. It protects your workers and the government. If a valid claim is paid on your bond, you must reimburse the surety — which is why credit affects your rate. Think of it as the financial guarantee that lets you operate as a licensed or H-2A-filing contractor.

Does federal law require an FLC to post a surety bond? No — it requires registration.

This is the most common confusion in the industry. Under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), a farm labor contractor must obtain a DOL Certificate of Registration (Form WH-530) before doing any FLC work. That's a license — there is no MSPA surety-bond requirement. A federal surety bond only enters the picture through the separate H-2A guest-worker program.

MSPA registration (WH-530)

Required of all farm labor contractors before doing FLC activity. A license/authorization — no surety bond attached. (Separately, if you transport workers, MSPA requires vehicle liability insurance of at least $100,000/seat, up to $5M/vehicle, or a $500,000 liability bond — a transportation rule, not a wage bond.)

H-2A labor contractor bond

Required only if you file your own H-2A application (ETA-9142A) as a labor contractor. This is the real federal surety bond, under 20 CFR 655.132. It is not an "MSPA bond." Fixed-site farms and ag associations filing their own petitions don't post it.

Sources: DOL MSPA / WH-530 (29 CFR Part 500) · 20 CFR 655.132.

The federal H-2A labor contractor (H-2ALC) bond

Required under 20 CFR 655.132 to submit your H-2A Application for Temporary Employment Certification (ETA-9142A). It applies only to H-2A labor contractors — not to fixed-site farm employers or agricultural associations filing their own petitions.

The bond amount starts from a base tier set by the number of workers on your certification, then is adjusted upward by the current wage rate. Here are the statutory base tiers:

H-2A workers on the certificationStatutory base bond
Fewer than 25$5,000
25 – 49$10,000
50 – 74$20,000
75 – 99$50,000
100 – 149$75,000
150 or more$75,000 + step-ups verify exact amount

The critical part everyone misses: these base figures are not what you actually post. The required bond is AEWR-indexed — calculated as base × (average AEWR in effect at bond submission ÷ $9.25). Because today's AEWRs are well above $9.25, your real bond is meaningfully higher than the base, and it changes every year as the wage rate moves. Certifications of 150+ workers add further step-ups. Always verify your current amount with US DOL/OFLC or your surety at the time of filing — use our calculator above for an estimate.

The bond is payable to the DOL Wage and Hour Division and guarantees payment of wages and benefits owed to your workers; claims are enforced under 29 CFR 501.9. It must stay in effect through the work-contract period and for a statutory tail (roughly two years after the certification).

Sources: 20 CFR 655.132 · DOL Fact Sheet #26H · 29 CFR 501.9.

State farm labor contractor license bonds

Four states run their own FLC licensing program with a required surety bond. Amounts move with legislation and rule changes — always verify the current figure with the state agency before you file.

StateBond amountAuthority / notes
California $25,000 – $75,000 pending change Currently tiered by annual payroll (≤$500k / $500k–$2M / over $2M) under Labor Code §1684; new applicants $25,000; exam + CE required. Pending legislation (AB-2227) would switch to a gross-receipts basis and roughly double amounts — verify with the CA Labor Commissioner (DIR-DLSE).
Oregon $10,000 / $30,000 Farm/forest labor contractor license via BOLI (ORS 658): $10,000 for ≤20 employees, $30,000 for 21+. Additional or higher amounts apply for farmworker camps and forest labor contractors — verify with Oregon BOLI.
Washington ~$5,000 – $20,000 FLC license via L&I: at least a $5,000 statutory floor (RCW 19.30.040), with the exact amount set by L&I rule (roughly $5,000–$20,000 by employee count); cash or other security accepted in lieu of a bond — verify with WA L&I.
Idaho $10,000 / $30,000 FLC license via the Idaho Dept. of Labor (Idaho Code Title 44, Ch. 16): $10,000 for ≤20 employees, $30,000 for more than 20.

Most states do not require a state FLC surety bond. Kentucky, Georgia, North Carolina, Louisiana, Tennessee, South Carolina, Alabama, Mississippi, Florida, and Virginia rely on federal MSPA registration and do not run their own FLC bond program. In those states, the only bond that may apply is the federal H-2A bond above — and only if you petition for H-2A workers.

Sources: CA Labor Code §1684 & AB-2227 · ORS 658 / Oregon BOLI · RCW 19.30.040 & WAC 296-310 · Idaho Code Title 44, Ch. 16. Amounts and requirements change — confirm the current figure with the state agency before filing.

How to get your bond, fast

One licensed agent for the federal H-2A bond and every state bond.

1

Tell us your numbers

Worker count, state, and whether you're filing H-2A or getting a state license. Use the calculator for an instant estimate.

2

We quote it

A licensed agent confirms your exact required amount and shops carriers — including new-business and challenged-credit markets.

3

You approve

No credit pull until you're ready. We send your premium and the bond form for signature.

4

File it

We deliver the executed bond digitally — often same or next business day — so you can attach it to your ETA-9142A or state application.

Beyond the bond — the full ag compliance stack

An H-2A operation needs more than a surety bond. We're one team for the whole program.

H-2A Workers' Comp

Farm labor contractors are the highest-risk, highest-value ag class — and we hold a specialty agricultural WC appointment (Risico/AmTrust) built for H-2A labor that most agencies can't match.

Farm & H-2A workers' comp →

H-2A Worker Health

Affordable health coverage designed for H-2A and H-2B agricultural workers, bilingual and built for the seasonal workforce.

Migrant worker health →

DOL-Compliant Payroll

H-2A payroll and paystubs with automatic AEWR make-up, hourly and piece-rate — the same wage math that drives your bond amount.

Ag payroll & insurance →
Free Bond Quote

Get Your Exact Bond Quote.

Tell us your worker count and state and a licensed agent will confirm your exact required bond amount and email a quote — usually within a few business hours. No obligation, no credit pull until you're ready.

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Farm Labor Contractor Bond FAQ

Not to register. MSPA requires FLCs to register with the U.S. DOL (Form WH-530) — a license, not a bond. A surety bond is only federally required of an H-2A Labor Contractor: a labor contractor that files its own H-2A Application for Temporary Employment Certification, under 20 CFR 655.132.

The base is set by worker count: <25 = $5,000; 25–49 = $10,000; 50–74 = $20,000; 75–99 = $50,000; 100–149 = $75,000, with more above 150. But you post more than the base — the amount is AEWR-adjusted: base × (average AEWR ÷ $9.25), and it changes yearly. Use our calculator for an estimate, and verify the exact figure with DOL/OFLC or your surety at filing.

No. MSPA registration carries no surety bond. Separately, if you transport workers, MSPA requires vehicle liability insurance (≥$100,000/seat, up to $5M/vehicle) or a $500,000 liability bond — a transportation requirement, not a wage-guarantee FLC bond.

Four: California, Oregon, Washington, and Idaho. Most states — including Kentucky, Georgia, North Carolina, Louisiana, Tennessee, South Carolina, Alabama, Mississippi, Florida, and Virginia — do not require a state FLC bond. There, the federal H-2A bond is the only bond that may apply, and only if you petition for H-2A workers.

Most FLC and H-2A bonds can be quoted quickly and issued the same or next business day once we have your information, then delivered digitally so you can attach it to your ETA-9142A or state license application.

Usually yes. Premium is a small percentage of the bond amount and is driven mainly by personal credit, but we work with carriers across the credit spectrum, including new and challenged-credit contractors. Your rate may be higher, but approval is common.

No. The H-2ALC surety bond falls only on labor contractors that file their own H-2A applications. Fixed-site farm employers and agricultural associations filing their own petitions do not post it — though they still need workers' comp and other coverage.

Farm Labor Contractor Bonds by State

Only California, Oregon, Washington, and Idaho run their own state farm labor contractor bond program. In every other state, the federal H-2A labor contractor bond is the one that applies. Pick your state:

Alabama Alaska Arizona Arkansas California state bond Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho state bond Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon state bond Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington state bond West Virginia Wisconsin Wyoming