Washington State H2A Visa Investigation Defense

Defense Counsel for Labor Contractors and Agricultural Employers Facing H-2A Visa Investigations in Washington State

Attorney Nick Oberheiden
Regulatory Lawyer Team Lead envelope icon

Labor contractors and agricultural employers in Washington State that hire foreign agricultural workers under the federal H-2A visa program are under the microscope. While the Trump administration is taking a very different approach to immigration law enforcement than the Biden administration, it isn’t just the federal government that is targeting local companies. Washington State Attorney General Nick Brown has recently launched targeted inquiries as well, and both state and federal law enforcement operations targeting farm employers can present substantial risks for the companies and individuals involved.

Experienced Defense Representation for Washington State Companies Targeted in H-2A Visa Investigations

We represent labor contractors, agricultural employers, and other parties that are facing investigations related to their employment of foreign farm workers in Washington State. While the U.S. Department of Justice (DOJ) is pursuing investigations in other states across the nation as well, Washington has recently become a hotspot for H-2A enforcement. This includes specifically Spokane County and Skagit County.

We are committed to protecting our clients by all means available, and we rely on decades of experience to build and execute custom-tailored defense strategies.

DOJ and Washington State AG Brown Are Targeting Companies that Illegally Hire Foreign Workers Under the H-2A Program

Both the U.S. Department of Justice (DOJ) and the Washington State Attorney General’s Office are actively targeting companies suspected of H-2A program noncompliance. This includes (but is not limited to) improperly hiring H-2A workers instead of domestic workers.

Recent H-2A Investigations Targeting Labor Contractors and Agricultural Employers

Recent investigations conducted by both agencies have targeted labor contractors, farmers, and other agriculture businesses in Washington State and elsewhere. For example:

DOJ Charges Labor Contractor with Illegally Hiring Foreign Workers

In mid-2025, the DOJ announced a settlement with a labor contractor that was accused of unlawfully hiring H-2A visa holders for agricultural employment opportunities. At the time, the DOJ highlighted the fact that this was the second settlement since the re-launch of its Protecting U.S. Workers Initiative, which “targets, investigates, and brings enforcement actions against employers that intentionally discriminate against U.S. workers due to a preference for temporary visa workers.”

Washington State AG Brown Sues Agricultural Employer for Allegedly Discriminating Against Washington Farmworkers

Around the same time, the Washington State Attorney General’s Office announced a civil rights lawsuit against several local companies accusing them of, “discriminat[ing] against local and female farmworkers by unlawfully terminating them and replacing them with foreign H-2A agricultural workers.” Under the H-2A program, companies are subject to strict prohibitions against preferring foreign workers over qualified local farmworkers, and they can face prosecution for engaging in discrimination that violates the protections afforded to local workers under the H-2A program.

Possible Allegations in H-2A Visa Investigations

While these cases illustrate some of the types of allegations that companies can face in H-2A investigations, these investigations can target a wide range of other alleged violations as well. As a result, when facing scrutiny related to their employment of H-2A workers from Mexico and other countries, companies must promptly work with their legal counsel to assess the full scope of their potential risk exposure. Additional examples of possible allegations in these cases include:

Failing to guarantee employment opportunities (including opportunities for future work) to eligible domestic workers
Failing to ensure adequate workplace safety and appropriate working conditions for both domestic and foreign workers
Failing to provide transportation and housing to foreign temporary workers
Failing to pay appropriate wages to foreign workers (or engaging in wage theft), including improperly paying different wages to foreign and domestic workers during the same period
Engaging in unlawful retaliation against domestic or foreign workers who report violations of the law
Misrepresenting domestic or foreign individuals’ work eligibility or qualifications
Engaging in other forms of fraud in order to improperly hire foreign agricultural workers

Again, these are just examples. Companies that hire H-2A visa holders are responsible for maintaining strict compliance with all of the requirements for Temporary Labor Certification (TLC). Providing jobs to temporary foreign employees in violation of the federal TLC requirements can expose companies (and, in some cases, individuals) to the various penalties discussed below.

Possible Penalties in H-2A Visa Investigations

If your company is facing an H-2A visa investigation in Washington State, what is at stake? While the answer to this question depends on the nature of the investigation and the specific allegations involved, potential penalties generally include:

Civil Monetary Penalties – Companies accused of improperly hiring foreign temporary workers and discriminating against local farmworkers can potentially face hundreds of thousands of dollars in civil fines.
Loss of H–2A Program Eligibility – Companies found to have violated the H-2A program requirements can lose their eligibility to certify compliance and participate in the program in the future.
Other Administrative Penalties – Along with loss of H-2A program eligibility, companies found to have violated the program’s requirements can face additional oversight and other administrative penalties as well.
Criminal Fines – Allegations of fraud, abuse of the H-2A program, and other knowing or willful violations of federal law can expose companies, company executives, and other individuals to substantial criminal fines.
Prison Time – Along with fines, individuals accused of criminal offenses can also face prison time in federal court. Potential sentences can range from years to decades depending on the allegations involved.

Why Choose Oberheiden P.C. for H-2A Visa Investigation Defense in Washington State?

With these risks in mind, if your company is facing an H-2A investigation in Washington State, why should you choose the defense team at Oberheiden P.C.? Here is what we bring to the table in H2-A enforcement cases:

Decades of Relevant Experience – Our lawyers have decades of combined experience handling high-stakes federal enforcement matters. For many of our lawyers, this includes prior experience at the DOJ.
A Focus on High–Stakes Federal Enforcement – We focus our practice on high-stakes federal enforcement, and we have specific experience representing employers in federal immigration and labor-related matters.
A Team Approach – We take a team approach to every case we handle, ensuring that all of our clients receive the full benefit of our lawyers’ collective experience.
Emergency Representation When Necessary – When necessary, we can provide defense representation for H-2A investigations in Washington State on an emergency basis.
Assistance with H–2A Compliance Going Forward – Along with providing defense representation, we also assist our clients with establishing and maintaining H-2A compliance going forward.

FAQs: Facing an Investigation Under the H-2A Visa Program in Washington State

Why is My Company Under Investigation for Hiring H-2A Workers?

The U.S. Department of Justice (DOJ) is prioritizing H-2A enforcement under its Protecting U.S. Workers Initiative, with a particular focus on ensuring that companies provide adequate job opportunities to U.S. citizens.

It is also specifically prioritizing enforcement in Washington State. In addition, the Washington State Attorney General’s Office has recently targeted companies suspected of improperly hiring foreign agricultural workers under the H-2A program.

Is It Illegal to Hire H-2A Visa Holders Instead of Domestic Farm Workers?

While it is not inherently illegal to hire H-2A visa holders instead of domestic farm workers, companies seeking to hire foreign workers under the H-2A program must meet several strict requirements.

These include the obligation to “hir[e] all U.S. job applicants who are able, willing, and qualified to perform the job and who are either referred to you or apply directly with you during the first 50% of the contract period.” Failure to meet these requirements can lead to serious enforcement action.

What Are the Rules for Hiring H-2A Agricultural Workers in Washington State?

Farms and other agricultural employers must comply with numerous federal regulations before hiring H-2A agricultural workers in Washington State. These rules govern issues such as job recruitment, hiring U.S. workers, wages, housing, transportation, and working conditions.

Any violations of these requirements can expose agricultural employers to substantial penalties, including civil fines and, in some cases, criminal liability.

What Should I Do if My Company is Facing an H-2A (H2A) Visa Investigation?

If your company is facing an H-2A (H2A) visa investigation, it is critical to proceed with extreme caution. This includes being careful about what statements are made and what documents are provided to government investigators.

To ensure that you are protecting your company’s interests and making informed decisions, you should consult with experienced federal defense counsel as soon as possible.

What if My Company Illegally Hired Foreign Farm Workers Under the H-2A Visa Program?

If your company illegally hired foreign farm workers under the H-2A visa program, it may be exposed to substantial civil fines and other penalties. In certain cases, company owners and executives may also face personal liability.

To mitigate potential consequences, it is essential to engage experienced federal defense counsel promptly—regardless of whether a government investigation has already begun.

Contact the Washington State H2A Visa Investigation Defense Team at Oberheiden P.C.

If your company is facing an H-2A visa investigation in Washington State, our team is available to provide immediate defense representation. To speak with one of our senior federal defense lawyers in confidence today, call us at 888-680-1745 or tell us how we can reach you online now.