The H-2A Temporary Agricultural Program:
The H-2A Temporary Agricultural Program is for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the United States to perform agricultural labor or services which is temporary or seasonal in nature. The employment is temporary and would last no longer than 1 year.
How and When to Apply:
Before filing a petition with the U.S. Citizenship and Immigration Services, employers must complete the following four steps in the H-2A Temporary Labor Certification process through the FLAG online filing system.
Step 1: Filing a Job Order for an H-2A Job Opportunity:
Employers and their authorized attorneys or agents must submit H-2A Job Orders (i.e., H-2A Agricultural Clearance Order Form ETA-790/790A) and all required addenda using the electronic method(s) designated by the OFLC Administrator, unless a specific exemption applies. The Department's FLAG System, available at https://flag.dol.gov, is the designated electronic filing method.
Upon receipt of the Job Order, the Chicago National Processing Center (CNPC) will transmit an electronic copy of the Job Order to the MassHire Department of Career Services (MDCS) for intrastate clearance. MDCS’ Foreign Labor Certification (FLC) Unit will review the Job Order, communicate with the employer on any needed corrections, and initiate recruitment of U.S. workers.
Important: The Job Order must be filed 75 to 60 calendar days before the employer's first date of need.
Step 2: Filing an H-2A Application for Temporary Employment Certification (Form ETA-9142A) and All Required Appendices and Documentation with the CNPC:
Submit your H-2A Application for Temporary Employment Certification (Form ETA-9142A) and all required documentation with the CNPC electronically using the FLAG system. The CNPC will review the application and Job Order for compliance with all applicable program requirements, notify the employer if there are any deficiencies within 7 calendar days of receipt, and provide the employer with additional instructions for completing the temporary labor certification process.
The Office of Foreign Labor Certification (OFLC) Certifying Officer (CO) will send notices and requests to employers, circulate approved Job Orders to appropriate State Workforce Agencies (SWAs) for interstate clearance and recruitment of U.S. workers using electronic method(s).
In joint-employer situations for the H-2A Application for Temporary Employment Certification, each joint employer named in the application must sign and date the form. This ensures that all parties involved are officially recognized and accountable for employing H-2A workers. Please refer to the joint employer filing requirements found at 20 CFR 655.131(b).
The application must than 45 calendar days before the employer's first date of need.
Step 3: Conducting Recruitment for U.S. Workers:
The employer must engage in positive recruitment of U.S. workers. When the CO determines that the H-2A Application for Temporary Employment Certification and the Job Order meet requirements such that recruitment may begin, the CO will notify the employer of acceptance of the application and will send a copy of the notice to MDCS’ FLC Unit. The acceptance letter will direct the employer to engage in positive recruitment of U.S. workers and will include instructions for how to prepare and when to submit a recruitment report to the OFLC National Processing Center (NPC).
The CO will promptly transmit a copy of the approved Job Order for interstate clearance, at a minimum to all States listed in the Job Order as anticipated place(s) of employment and all other States designated by the OFLC Administrator as States of traditional or expected labor supply for the anticipated place(s) of employment.
In addition, the CO will promptly place for public examination a copy of the Job Order on an electronic job registry maintained by the Department of Labor, which is accessible via SeasonalJobs.dol.gov. Unless otherwise provided, the Job Order will be posted on the electronic job registry in active status until the end of the recruitment period.
The employer must contact, by mail or other effective means, 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. This contact must occur during the period that the Job Order is being circulated by the SWA(s) for interstate clearance.
The recruitment report must be submitted on a date specified by the CO in the Notice of Acceptance.
If the CO accepted the application for purposes of recruitment but additional documents are required before a certification may be issued, the Notice of Acceptance will specify the additional documents the employer must submit to the CNPC in order to receive a final determination; and should the labor certification be granted, the certification being provided to USCIS.