H-2A Labor Certification

Employers may now submit their H-2A application either electronically via the Department's iCERT Visa Portal System OR via mail directly to the Chicago National Processing Center (NPC). The employer must choose only one method of submission. Duplicate applications, where the employer or authorized representative files electronically and then submits that same application via mail, will be rejected.

Program Overview

The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Employment is of a seasonal nature where it is tied to a certain time of year by an event or pattern, such as a short annual growing cycle or a specific aspect of a longer cycle, and requires labor levels far above the necessary for ongoing operations. Employment is of a temporary nature where the employer's need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than 1 year.

Before the U.S. Citizenship and Immigration Services (USCIS) can approve an employer's petition for such workers, the employer must file an application with the Department stating that: (1) there are not sufficient able, willing, and qualified United States (U.S.) workers available to perform the temporary and seasonal agricultural employment for which an employer desires to import nonimmigrant foreign workers; and (2) employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. The statute and Departmental regulations provide for numerous worker protections and employer requirements with respect to wages and working conditions that do not apply to nonagricultural programs. The Department's Wage and Hour Division (WHD) has responsibility for enforcing provisions of worker contracts.

Qualifying Criteria

The following general categories of individuals or organizations may file an application:

• An agricultural employer who anticipates a shortage of U.S. workers needed to perform agricultural labor or services of a temporary or seasonal nature may file an application requesting temporary foreign agricultural labor certification. "Temporary or seasonal nature" means employment performed at certain seasons of the year, usually in relation to the production and/or harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign worker(s) is truly temporary.
• The employer may be an individual, partnership, association, corporation, cooperative, firm, joint stock company, trust, or other organization with legal rights and duties) that:
  1. Has a place of business (physical location) in the U.S. and a means by which it may be contacted for employment;
  2. Has an employer relationship (such as the ability to hire, pay, fire, supervise, or otherwise control the work of employees) with respect to an H-2A worker or a worker in corresponding employment; and
  3. Possesses a valid Federal Employer Identification Number (FEIN)
• An association of employer producers may file as a sole employer, a joint employer with its members, or as an agent of its members. Associations filing as a joint employer with its employer-members may file master applications on behalf of their members. A farm labor contractor who meets the definition of an employer and is not a fixed-site employer or agricultural association may file an application for temporary foreign workers as an "H-2A Labor Contractor" (H-2ALC).
• In circumstances where an authorized agent, whether an individual (e.g., an attorney) or an entity (e.g., an association), the agent may file an application on behalf of an employer along with documentation which demonstrates that the agent is authorized to represent the employer.

Filing Process

What Step Do I Take Before Filing an H-2A Application?
Prior to filing an Application for Temporary Employment Certification, the employer must prepare a job offer on the ETA Form 790 - Agricultural and Food Processing Clearance Order and submit the form and all attachments to the State Workforce Agency (SWA) serving the area of intended employment for intrastate clearance. The following requirements must be met:

1. The job order must be submitted to the SWA no more than 75 calendar days and no fewer than 60 calendar days before the start date of the job;
2. The job order must be identified as one that will be used in connection with a future filed Application for Temporary Employment Certification (ETA Form 9142A) with the U.S. Department of Labor; and
3. The contents of the job order must satisfy the requirements of 20 CFR part 653, subpart F and 20 CFR 655.122.

 If the job opportunity is located in more than one State within the same area of intended employment, the employer may submit a job order to any one of the SWAs which has jurisdiction over the anticipated worksites. Where the job order is being placed in connection with a future master application to be filed by an association of agricultural employers as a joint employer, the association may submit a single job order to be placed in the name of the association on behalf of all employers that will be duly named on the future filed ETA Form 9142A.

Upon receipt of the job order, the SWA will review the job order and notify the employer in writing of deficiencies in the job order no later than seven (7) calendar days after it has been submitted. The employer must respond to the SWA within five (5) calendar days after receipt of the SWA notification. The SWA must respond to the employer's response within three (3) calendar days. Once accepted by the SWA, the job order will be active until the end of the recruitment period, which will extend through 50 percent of the period of employment. 

What Documents Must I File with the ETA Chicago NPC?
All agricultural employers who desire to hire H-2A foreign agricultural workers must apply for certification from the Secretary by filing the following with the ETA Chicago NPC:

• Completed ETA Form 9142A - Application for Temporary Employment Certification;
• Completed ETA Form 9142 - Appendix A.2 bearing the original signature of the employer and, if applicable, that of the employer's attorney or agent); and
• Copy of the ETA Form 790 and all attachments

       Master applications filed by associations - An association may file a master application on behalf of its employer-members covering multiple areas of intended employment only where the association is filing as a joint employer and the application (a) covers the same occupation or comparable work for all employer-members, (b) reflects the same start date of need for all employer-members, and (c) covers no more than two(2) contiguous states. The association must identify on the application or in an attachment by name, address, total number of workers needed, the crops and agricultural work to be performed, and each employer that will employ H-2A workers.

       Additional filing requirements for H-2A Labor Contractors (H-2ALC) - An application filed by an H-2ALC must be limited to a single area of intended employment in which the fixed-site employer(s) to whom an H-2ALC is furnishing employees will be utilizing the employees.  An H-2ALC must include the following information in its application:

• Name and location of each fixed-site agricultural business to which the H-2ALC expects to provide H-2A workers, the expected beginning and ending dates when the H-2ALC will be providing the workers to each fixed site, and a description of the crops and activities the workers are expected to perform at such fixed site;
• A copy of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) Farm Labor Contractor (FLC) Certificate of Registration, if required, identifying the specific farm labor contracting activities the H-2ALC is authorized to perform as an FLC;
• Proof of its ability to discharge financial obligations under the H-2A program by including a surety bond under original signature.  The bond document must clearly identify the issuer, the name, address, phone number, and contact person for the surety, and provide the amount of the bond and any identifying designation used by the surety for the bond;
• Copies of the fully-executed work contracts with each fixed-site agricultural business; and
• Where the fixed-site agricultural business will provide housing or transportation to the workers, proof that all housing used by workers and owned, operated or secured by the fixed-site agricultural business complies with the standards of the H-2A program and certified by the SWA and all transportation between the worksite and the workers' living quarters that is provided by the fixed-site agricultural business complies with all applicable Federal, State, or local laws and regulation.

       Additional filing requirements for agents - An agent filing an application on behalf of an employer must provide a copy of the agent agreement or other document demonstrating the agent's authority to represent the employer. In addition, the agent must provide a copy of the MSPA FLC Certificate of Registration, if required by MSPA, identifying the specific farm labor contracting activities the agent is authorized to perform.

Where Do I File the H-2A Application Package?
Employers may now submit their H-2A application package (ETA Form 9142A, ETA 790,attachments, and supporting documentation) either electronically OR via mail directly to the Chicago National Processing Center (NPC). The employer must choose only one method of submission. Duplicate applications, where the employer or authorized representative files electronically and submits that same application via U.S. mail, will be rejected.

Electronic Filing: 
Employers may submit their H-2A application electronically via the Department's iCERT Visa Portal System. It is important to read the H-2A iCERT Quick Start Guide and H-2A iCERT User Manualbefore completing and submitting an H-2A application. The online help provides step-by-step instructions for completing and submitting the H-2A application electronically. For more resources and information, please visit the iCERT implementation web page athttp://www.foreignlaborcert.doleta.gov/h2ah2b_icert_rollout.cfm

1. Establish an iCERT account
   • To establish an iCERT account, please visit the iCERT homepage at http://icert.doleta.govand select “Create Your Portal Account Today.”
   • For more information on establishing an iCERT account, please follow the process outlined in the H-2A Quick Start Guide.
2. File an application electronically through OFLC’s iCERT System by going tohttp://icert.doleta.gov.
   • To initiate an application, log into your iCERT account, and click on the H-2A icon. You will be directed to your portfolio summary which, at the bottom of the page, contains a button “Begin New ETA Form 9142A.” Pressing this button will take you to the first application preparation step. To learn more about case preparation in iCERT please consult the H-2A User Manual.
   • Upload a scanned copy of the signed and dated Appendix A.2
   • Upload a complete copy of the SWA approved ETA 790 Form and attachments that includes:
     • If available at the time of filing, a copy of the employer’s Workers’ Compensation Coverage.
   • Upload all required supporting documentation.
     • If filing under H-2A Special Procedures, upload additional supporting documentation (e.g., work itineraries and Farm Labor Contractor Certificates of Registration).
     • If filing as an H-2ALC, upload additional supporting documentation (e.g., Surety Bond signed and dated work contracts between the H-2ALC and fixed site employers, Copy of Farm Labor Contractor and Farm Labor Contractor Employee Certificates of Registration, etc.)
     • If filing as an agent on behalf of an employer, you must provide a copy of the agent agreement or other documentation demonstrating the agent’s authority to represent the employer. In addition, the agent must provide a copy of the MSPA FLC Certificate of Registration, if required under MSPA identifying the specific farm labor contracting activities the agent is authorized to perform.

Important Reminder: All supporting documentation related to an Application for Temporary Employment Certification, ETA Form 9142A, must be uploaded in iCERT before you submit the application. Additional documentation cannot be uploaded in connection with the application after it is submitted.  An incomplete application will receive a Notice of Deficiency.
Employers submitting H-2A applications via the iCERT Visa Portal System will be provided e-mail notifications and other official correspondence during key points of the business process. Employers will also have quick access to check the status of pending applications.
If you have technical questions related to electronic filing, please direct them to the iCERT Help Desk at OFLC.Portal@dol.gov. For all program-related questions, please send an e-mail to the Chicago National Processing Center Help Desk at TLC.Chicago@dol.gov.

Mail Filing:

The employer may also mail the application package to the Chicago NPC at the following address:
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
11 West Quincy Court
Chicago, IL 60604- 2105
ATTN: H-2A Program Unit

 

When Can I File the H-2A Application Package?
A complete application package must be filed with and received by the ETA Chicago NPC at least forty-five (45) calendar days before the first date on which workers are needed. Employer may not file with the ETA Chicago NPC until after the job order has been submitted to and reviewed by the SWA in accordance with the regulatory timeframe (i.e., no more than 75 days and no less than 60 days before the anticipated start date of work).

However, the ETA Chicago NPC may waive the regulatory timeframes for filing in emergency situations pursuant to 20 CFR 655.134 (e.g., first time filers, unforeseen changes in market conditions), and where the employer is unable to resolve deficiencies in the job order with the SWA or the SWA is unable to respond to the employer's job order within the regulatory timeframes.

 

What will happen after I submit an H-2A application?

The ETA Chicago NPC will review an employer's application promptly. Normally, within seven (7) calendar days after receipt of an application, the ETA Chicago NPC will notify the employer in writing of the decision to accept or reject the employer's application. Copies of the notification will be sent to the employer and, if applicable, the employer's attorney or agent by means normally assuring next day delivery. If the initial application is accepted or amended within the required time frame and complies with the regulations, the ETA Chicago NPC will make a certification determination thirty (30) calendar days before the date on which the workers are needed.

Applications Accepted for Consideration
If the application is accepted for consideration, the ETA Chicago NPC will notify the employer in writing. At a minimum, the Chicago NPC's Notice of Acceptance will:

• Authorize conditional access to the interstate clearance system and direct the SWA to circulate a copy of the job order;
• Direct the employer to engage in positive recruitment of U.S. workers and to submit a report of its positive recruitment efforts;
• State that positive recruitment is in addition to and will occur during the period of time that the job order is being circulated by the SWA(s) for interstate clearance and will terminate on the actual date on which the H-2A workers depart for the place of work, or three (3) calendar days prior to the first date the employer requires the services of the H-2A workers, whichever occurs first; and
• State that the CO will make a determination either to grant or deny the Application for Temporary Employment Certification no later than thirty (30) calendar days before the date of need.

Applications Not Accepted for Consideration
If the application is not accepted for consideration, the ETA Chicago NPC will notify the employer in writing within seven (7) calendar days after receipt of the application. A copy of the notification will be sent to the SWA serving the area of intended employment. The Chicago NPC's Notice of Deficiency will:

• State the reason(s) why the application or job order fails to meet the criteria for acceptance;

• Offer the employer an opportunity to submit a modified application or job order within five (5) business days;
• State that the CO's determination will be made no later than thirty (30) calendar days before the date of need, if that the employer submits the requested modification to the application within five (5) business days, in a manner specified by the CO, and if there has been no appeal made by the employer;

• Offer the employer an opportunity to request an expedited administrative review or a de novo administrative hearing before an Administrative Law Judge; and

State that if the employer does not comply by submitting a response within five (5) business days or does not appeal, the CO will deny the application. The denial will be final and cannot be appealed.

 

Submission of Modified Applications
An employer may choose to resubmit an application with modifications required by the Notice of Deficiency. In such instances, an employer should file the modified application within five (5) business days of the Chicago NPC's Notice of Deficiency. The application will be deemed abandoned if the employer does not submit a modified application within twelve (12) calendar days of the Notice of Deficiency.

 

Appeals of Notices of Nonacceptance
The Chicago NPC will inform the employer about the administrative appeals process provided for in the regulations at 20 CFR 655 Subpart B.

Recruitment of U.S. Workers
After an employer's application is accepted for processing, the Chicago NPC will require the employer to independently engage in specific positive recruitment efforts within a multi-state region of traditional or expected labor supply if the Chicago NPC determines there is a sufficient supply of labor to be recruited.

The employer must place an advertisement on two (2) separate days, which may be consecutive, one of which must be on a Sunday in a newspaper of general circulation serving the area of intended employment and is appropriate to the occupation and the workers likely to apply for the job opportunity. All advertising must contain the following information:

• The employer's name (if an association, a statement indicating that the name and location of each member of the association can be obtained from the SWA);
• The geographic area of intended employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the services or labor;
• A description of the job opportunity with sufficient information to apprise U.S. workers of services or labor to be performed and the anticipated start and end dates of employment;
• The wage offer(s);
• The three-fourths guarantee;
• If applicable, a statement that work tools, supplies, and equipment will be provided at no cost to the worker;
• A statement that housing will be made available at no cost to the worker;
• A statement that transportation and subsistence expenses to the worksite will be provided by the employer or paid by the employer upon completion of 50 percent of the work contract, or earlier, if appropriate;
• A statement that the position is temporary and a specification of the total number of job openings the employer intends to fill;
• A statement directing applicants to apply for the job opportunity at the nearest office of the SWA.; and
• Contact information for the applicable SWA and, if available, the job order number.

The employer must contact, by mail or other effective means, its former U.S. workers employed by the employer in the occupation at the place of employment during the previous year and solicit their return to the job.

The employer must conduct positive recruitment within a multistate region of traditional or expected labor supply where the CO finds that there are a significant number of qualified U.S. workers who, if recruited, would be willing to make themselves available for work at the time and place needed.

The employer must also prepare, sign, and date a written recruitment report. The recruitment report must be submitted on the date specified in the employer's Notice of Acceptance and contain the following information:

• Identify the name of each recruitment source;
• State the name and contact information of each U.S. worker who applied or was referred to the job opportunity up to the date of the recruitment report, and the disposition of each worker;
• Confirm that former U.S. employees were contacted and by what means; and
• If applicable, for each U.S. worker who applied for the position but was not hired, explain the lawful job-related reason(s) for not hiring the U.S. worker.
  
  

  The employer must continue to maintain the recruitment report throughout the entire period of recruitment until 50 percent of the period of the work contract has elapsed.

Certifications Denied and Appeals of Denials of Certifications
If the Chicago NPC denies certification, then the Chicago NPC must notify the employer by means calculated to assure next-day delivery. The notice of denial will state the reasons the certification was denied and will inform the employer about the administrative review process provided for in the regulations at 20 CFR 655, Subpart B.

Certifications Granted

If the ETA Chicago NPC determines that the employer has complied with the recruitment assurances, the adverse effect criteria, all time requirements and other appropriate requirements established by law and regulation, then the Chicago NPC will grant the temporary foreign agricultural labor certification for the number of job opportunities for which it has been determined there are not sufficient U.S. workers available. After certification has been granted, the employer must continue to positively recruit U.S. workers until the H-2A workers have departed for the place of work. In addition, the SWA must continue to refer to the employer qualified and eligible U.S. workers who are seeking employment and who apply up to fifty (50) percent of the contract period, and the employer must hire those available U.S. workers. If there is a change of the prevailing wage rate(s) during the course of the contract period, the employer is required to adjust the workers' wage to reflect the new rate(s) upon notification from OFLC.

Violations, Penalties, and Sanctions

The Wage and Hour Division (WHD) of the Department has a primary role in investigating and enforcing the terms and conditions of employment. WHD is responsible for enforcing the contractual obligations employers have toward employees, and may assess civil money penalties and recover unpaid wages. Administrative proceedings and/or injunctive actions through federal courts may be instituted to compel compliance with an employer's contractual obligations to employees.

The Employment and Training Administration (ETA) enforces other aspects of the laws and regulations. ETA is responsible for administering sanctions relating to substantial violations of the regulations (denial of certification for up to three years) and less than substantial violations of the regulations (reductions of one-fourth of job opportunities certified).

Document Retention Requirements

All employers filing H-2A applications must retain the following documentation:

• Proof of recruitment efforts including:
  • Job order placement
  • Advertising
  • Contact with former U.S. workers
  • Additional positive recruitment efforts
• Substantiation of information submitted in the recruitment report
• The final recruitment report and any supporting resumes and contact information
• Proof of workers' compensation insurance or State law coverage
• Records of each worker's earnings
• The work contract or copy of the Application for Temporary Employment Certification
• An association must retain the additional documentation required for submission of its application

The records and documents must be retained for a period of three (3) years from the date of certification, or from the date of the determination if the application is denied or withdrawn. Documents must be produced to the Department upon request.

Appeals of Employer Penalties
The Chicago NPC will inform the employer about the administrative appeals process provided for in the regulations at 20 CFR 655 Subpart B.

Post Certification

Extensions
Employers seeking short- term extensions of the certified application of two (2) weeks or less must apply directly to DHS for approval. Employers seeking long- term extensions of more than two (2) weeks may apply to the ETA Chicago NPC. Requests must be supported in writing with documentation showing that the extension is needed and that the need could not have been reasonably foreseen by the employer. The Certifying Officer will notify the employer of the decision in writing if time allows, or will otherwise notify the employer of the decision. The employer may appeal a denial of a request for an extension. 

Appeals
If authorized by the regulation, employers may request an administrative review of a decision or de novo hearing of a decision before an Administrative Law Judge (ALJ). If an administrative review is requested, the ALJ will render a decision within five (5) business days. Where a de novo hearing is requested, the ALJ's decision will be rendered within ten (10) calendar days after the hearing. The ALJ's decision is the final decision of the Secretary.

Integrity Measures

Audit
The OFLC may conduct audits of certified H-2A temporary labor applications. The applications selected for audit will be chosen within the sole discretion of the Certifying Officer. Where an application is selected for audit, the OFLC will issue an audit letter to the employer detailing: 1) the documentation that must be submitted by the employer; 2) a date for receipt of the documentation; and 3) that failure to comply with the audit process may result in the revocation of the certification or program debarment.

OFLC may provide the audit findings and underlying documentation to the Department of Homeland Security (DHS) or other appropriate enforcement agency. The Office will refer any findings that an employer discouraged an eligible U.S. worker from applying, failed to hire, discharged, or otherwise discriminated against an eligible U.S. worker, to the Department of Justice, Civil Rights Division, Office of Special Counsel for Unfair Immigration Related Employment Practices.

Revocation
The OFLC may revoke a certified H-2A temporary labor application if the Office finds: 1) fraud or misrepresentation in the application process; 2) substantial violation of a material term or condition of the approved temporary agricultural labor certification; 3) failure to cooperate with a DOL investigation, inspection, audit or law enforcement function; or 4) failure to comply with one or more sanctions or remedies imposed by the WHD, DOL or a court law.

If the employer's H-2A temporary agricultural labor certification is revoked, the employer is responsible for: 1) reimbursement of actual inbound transportation and subsistence expenses; 2) the worker's outbound transportation expenses; 3) payment to the worker of the amount due under the three- fourths guarantee; and 4) any other wages, benefits and working conditions due or owing to the worker. .

Debarment
OFLC may debar an employer or successor in interest from receiving future labor certifications for a period up to three (3) years. Debarment may occur if OFLC finds that the employer substantially violated a material term or condition of its temporary labor certification, with respect to H-2A workers, workers in corresponding employment, or U.S. workers improperly rejected for employment or improperly laid off or displaced.

Forms & Instructions

• ETA Form 790
• Instructions for Completing Form ETA 790
• ETA Form 795
• ETA Form 9142A

• ETA Form 9142 – APPENDIX A.2
• Application for Temporary Employment Certification ETA Form 9142 – General Instructions for the 9142

Program Regulations, Guidance & FAQs

• TEGL No. 11-07, Change 2: Clarification of Certain Procedures for Processing H-2A Labor Certification Applications
• TEGL 15-06, Change 1 (June 14, 2011) Special Procedures: Labor Certification Process for Occupations Involved in the Open Range Production of Livestock under the H-2A Program 
• TEGL 17-06, Change 1 (June 14, 2011) Special Procedures: Labor Certification Process for Employers in the Itinerant Animal Shearing Industry under the H-2A Program 
• TEGL 33-10 (June 14, 2011)) Special Procedures: Labor Certification Process for Itinerant Commercial Beekeeping Employers in the H-2A Program 
• TEGL 32-10 (June 14, 2011) Special Procedures: Labor Certification Process for Employers Engaged in Sheepherding and Goatherding Occupations under the H-2A Program 
• TEGL 16-06, Change 1 (June 14, 2011) Special Procedures: Labor Certification Process for Multi-State Custom Combine Owners/Operators under the H-2A Program
• 20 CFR 655 - Subpart B

  For Historical Documents see Directives/Advisories - An online library of Directives

Program News & Updates

March 28, 2013. H-2A Program: Prevailing Wage Rates for Certain Occupations Processed under H-2A Special Procedures, Correction/Rescission Notice.

The Department has published in the Federal Register a notice correcting certain prevailing wage rates established by the January 8, 2013 notice for H-2A workers and workers in corresponding employment engaged in the open range production of livestock in Texas, Wyoming, Idaho, Montana, North Dakota, South Dakota, and Oklahoma. In addition, this notice rescinds prevailing wage rates established by the January 8, 2013 notice for H-2A workers and workers in corresponding employment engaged in sheepherding and goatherding occupations in Arizona, Nevada, Oregon and Washington. In the absence of the January 8 prevailing wage rates for sheepherding and goatherding, the Department is reverting to previously established prevailing wage rates for these occupations. To learn more, please read the Federal Register notice.

March 12, 2013. H-2A Program: 2013 Allowable Meal Charges and Travel Subsistence.

The Department has published in the Federal Register a notice establishing the 2013 allowable meal charges and maximum travel subsistence reimbursement amounts. The 2013 allowable charge for providing three meals a day is set at $11.42 per day, although employers may petition the Chicago National Processing Center for a higher charge if justified by documentation of actual costs. Similarly, the 2013 minimum subsistence charge for meals during travel is set at $11.42 a day. The maximum travel subsistence for meals will remain set at $46.00 per day again this year for those workers who submit receipts substantiating a higher expense. Workers may claim up to $34.50 with receipts for travel subsistence when traveling less than a full day. The new 2013 amounts are effective upon publication in the Federal Register. To learn more, please read the Federal Registernotice.

February 1, 2013.    H-2A Prevailing Wage Rates for the Sheepherding/Goatherding and the Open Range Production of Livestock Occupations: UPDATE.

On January 8, 2013, the Department published a notice in the Federal Register establishing new 2013 prevailing wage rates for certain occupations processed under H-2A special procedures, including for sheepherding/goatherding and open range production of livestock occupations which became effective immediately. See, 78 FR 1260 (Jan. 8, 2013). The Department is hereby updating prevailing wage rates for these occupations that must be offered and paid in certain states effective as of January 8, 2013. To access these prevailing wage rates please click here.

January 8, 2013. New 2013 H-2A Adverse Effect Wage Rates (AEWRs).

The Department has published a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state based on the Farm Labor Survey conducted by the U.S. Department of Agriculture. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular agricultural job and area so that the wages of similarly employed U.S. workers will not be adversely affected. To read the Federal Register notice please click here.

Important Note: The Department will publish a separate Federal Register Notice to announce the allowable charges for 2013 that employers seeking H-2A workers may charge for meals as well as the maximum travel subsistence reimbursement that a worker can claim. Until that Federal Register Notice is published, employers should continue to use the current meal charges and maximum travel subsistence which may be accessed here.

January 8, 2013. New Prevailing Wage Rates for Certain Occupations Processed Under H-2A Special Procedures.

The Department has published a notice in the Federal Register establishing new prevailing wage rates for certain occupations processed under H-2A special procedures. The wage rates established by this Federal Register notice apply only to the following activities: open range production of livestock, itinerant animal shearing, sheepherding and goatherding, and custom combine operations. To read the Federal Register notice please click here.

September 26, 2012. Implementation of Electronic Filing in the H-2A and H-2B Programs.

The Department has made available for public inspection a Federal Register notice formally announcing the implementation of electronic filing in the H-2A and H-2B visa programs through the Department's iCERT Visa Portal System. As indicated in the notice, electronic filing in the H-2B program will begin on October 15, 2012. Electronic filing in the H-2A program will begin onDecember 10, 2012. In advance of these implementation dates, the Department will conduct four webinar training sessions to orient the public to electronic filing in the H-2A and H-2B programs. To read the Federal Register notice please click here. To learn more about the implementation of electronic filing, including how to participate in the upcoming webinar training sessions, please clickhere.

September 26, 2012. Implementation of Electronic Filing in the H-2A and H-2B Programs.

The Department has made available for public inspection a Federal Register notice formally announcing the implementation of electronic filing in the H-2A and H-2B visa programs through the Department's iCERT Visa Portal System. As indicated in the notice, electronic filing in the H-2B program will begin on October 15, 2012. Electronic filing in the H-2A program will begin onDecember 10, 2012. In advance of these implementation dates, the Department will conduct four webinar training sessions to orient the public to electronic filing in the H-2A and H-2B programs. To read the Federal Register notice please click here. To learn more about the implementation of electronic filing, including how to participate in the upcoming webinar training sessions, please clickhere.

September 25, 2012

The Department is announcing the implementation of electronic filing in the H-2A and H-2B visa programs through the Department's iCERT Visa Portal System. We believe this new electronic filing capability will enhance the accessibility and quality of labor certification services, reduce the data collection and reporting burden on small employers, facilitate more streamlined business processes, and establish greater transparency in the Department's decisions.

Electronic filing in the H-2B program will begin on October 15, 2012. Electronic filing in the H-2A program will begin on December 10, 2012. In advance of these implementation dates, the Department will publish a Federal Register notice formally announcing implementation of electronic filing, and then conduct four webinar training sessions to orient the public to electronic filing in the H-2A and H-2B programs. To learn more about the implementation of electronic filing, including how to participate in the upcoming webinar training sessions, please click here.

May 23, 2012. H-2A Filing Tips, Selected Statistics and Forms.

In a continued effort to assist H-2A employers with preparing their agricultural job orders and applications, the Department has revised the H-2A Filing Tips to alert employers to common filing mistakes which can delay the processing of an H-2A application. The H-2A Filing Tips may be found on the H-2A program page under Factsheets and Filing Tips. Also posted on the H-2A program page is a new Factsheet presenting H-2A program selected statistics based on applications submitted during the first two quarters of FY 2012. The Fact Sheet includes information on the H-2A program use, including top filing states, activities and crops. To view or download the Factsheet please clickhere.

In addition, the Department has received OMB approval to extend the H-2A forms which were previously set to expire on April 30, 2012. All H-2A applications should be filed using the extended ETA Form 9142 and Appendix A.2 which reflect the new, October 31, 2012, expiration date. To view or download the extended forms, please click here.

May 14, 2012. H-2A and H-2B Forms Update:

The Office of Management and Budget has approved the Department's request to extend the ETA Form 9142, Appendices A.2 and B.1 and associated instructions which were previously set to expire on April 30, 2012. The new expiration date for these forms is October 31, 2012.

As of the date of this announcement, future H-2A applications should be filed using the extended ETA Form 9142 and Appendix A.2 which reflect the October 31, 2012 expiration date.

In light of the recent preliminary injunction of the 2012 H-2B Final Rule, employers filing H-2B applications under the 2008 Final Rule must do so using the extended ETA Form 9142 and Appendix B.1 (H-2B only), reflecting the October 31, 2012 expiration date. To view or download the extended forms, please click here.

April 14, 2011. Procedure for Department of Labor Notification of Worker Abandonment or Termination for Cause for H-2A Temporary Labor Certifications.

The Department has published in the Federal Register a notice outlining procedures for notifying the Department that an H-2A worker certified on an Application for Temporary Employment Certification or a worker in corresponding employment has voluntarily abandoned employment, or was terminated for cause.  Read the text of the notice here.

March 7, 2012. H-2A Federal Register Notices.

The Department has published Federal Register Notices affecting the H-2A program. The Notice for the 2012 Allowable Charges provides the new meals and travel subsistence reimbursement rates for 2012 and clarifies the reimbursement for transportation. This notice corrected minor errors in a previous publication. This Federal Register notice is available here. Another Notice has recently been published, discussing a non-material change to the Farm Labor Survey used for determining the Adverse Effect Wage Rate, and is available here.

October 1, 2010. H-2A FAQs: Clarification of the Fifty Percent Rule. The Department has posted Frequently Asked Questions (FAQs) interpreting the 2010 Final Rule requirement under 20 CFR § 655.135(d), that the employer hire any able, willing, qualified and available U.S. worker who applies for the employer's job opportunity before the end of the first 50 percent of the contract period, i.e. the 50 percent rule. To view or download a PDF copy of the FAQs, please click here. The new FAQs are also separately available here on the FAQs page of the OFLC website under the H-2A Temporary Labor Certification Program (Agricultural) heading, and the Job Offers, Assurances and Obligations subheading.

September 15, 2010. H-2A FAQs Round 2: The Department has posted the second round of Frequently Asked Questions (FAQs) interpreting the 2010 Final Rule which became effective on March 15, 2010. The FAQs address questions posed by the regulated community and cover a range of topics including: pre and post-filing requirements, job offers, assurances and obligations, time frames, recruitment, etc. To view or download a PDF copy of the Round 2 H-2A FAQs, please click here. The new FAQs are also separately available here on the FAQs page of the OFLC website under the H-2A Temporary Labor Certification Program (Agricultural) heading and relevant subject subheadings.

July 1, 2010: In accordance with the H-2A 2010 Final Rule (in effect as of March 15, 2010), the Department has published in the Federal Register a Notice announcing the release of a new web-based tool, the H-2A Public Job Registry. The H-2A Public Job Registry will be fully integrated into the Office of Foreign Labor Certification's iCERT Visa Portal System (http://icert.doleta.gov), and will provide the public with access to both active and archived H-2A agricultural job orders submitted under the 2010 Final Rule. The H-2A Public Job Registry is part of the Department's Employment and Training Administration's Open Government Initiative and will be accessible to the public on July 8, 2010. To learn more about the H-2A Public Job Registry, please click here. To read the Federal Register Notice, please click here.

March 29, 2010, H-2A 2010 Final Rule FAQs: The Department has posted the first round of Frequently Asked Questions (FAQs) addressing the H-2A program under the new regulations, which took effect March 15, 2010. To see the FAQs click here.

March 19, 2010 H-2A Webinar Briefing: The Department will publish in the Federal Register on March 23, 2010, a Notice announcing a webinar briefing to educate stakeholders and other interested members of the public on the application process for H-2A temporary labor certifications using the ETA Form 9142, under the 2010 Final Rule, in effect as of March 15, 2010. The webinar briefing is scheduled for March 25, 2010, from 10:00 AM until 11:30 AM Eastern Daylight time. To read the full text of the Notice, please click here

March 2, 2010: H-2A Briefing Materials 
The Office of Foreign Labor Certification and the Wage and Hour Division have conducted 3 public briefings to advise stakeholders of the contents of the new H-2A Final Rule, which will be effective March 15, 2010. For the materials used in the briefings, click here.

February 12, 2010: Temporary Agricultural Employment of H-2A Aliens in the United States. The Department has published in the Federal Register a Final Rule amending the regulations governing the labor certification process for the temporary agricultural employment of H-2A aliens in the United States, codified at 20 CFR part 655, and enforcement of employer obligations under the H-2A program, codified at 29 CFR Part 501. The new regulations will go into effect on March 15, 2010. Beginning on that date, all program users will be required to file their applications under the new regulations and to comply with all applicable program requirements. To read the full text of the Final Rule, please click each of the following links.

• H2A Final Part 1
• H2A Final Part 2
• H2A Final Part 3

To read a Fact Sheet on the Final Rule, please click here.