File an H-2A Application
Contact for File an H-2A Application
MDCS Foreign Labor Certification Unit (FLC)
The Details of File an H-2A Application
What you need for File an H-2A Application
Important Notice: Employers/Agents will file ETA-790 with the Department of Labor via flag.dol.gov
Who can participate?
A U.S. agricultural employer or an association of agricultural producers who has full‐time work that needs to be performed on a temporary or seasonal basis.
The need for the work must be seasonal or temporary in nature and tied to a certain time of the year by a recurring event or pattern, such as an annual growing cycle, normally lasting 10 months or less.
Impact on local employment?
The H-2A Program is designed to ensure that the admission of foreign nationals to work in the United States will not adversely affect the job opportunities, wages and working conditions of U.S. workers.
Timelines to file ETA-790?
The employer is required to submit the Agricultural and Food Processing Order (ETA -790 within 75 to 60 calendar days prior to the anticipated date of need.
Review of the ETA 790?
MDCS will receive ETA-790 directly from DOL. FLC staff may issue a ”Notice of Acceptance” or require the employer to submit additional documentation substantiating the appropriateness of any unusual qualification(s) or ask for clarification of any of the items contained in the ETA 790 and attachments.