Program requirements
Employers in Massachusetts must:
- Be registered to conduct business in Massachusetts
- Comply with federal guidelines to participate in the H-2A temporary agriculture program.
- Prove that the hiring need is temporary and tied to a certain time of year, for example, an annual growing cycle that lasts 10 months or less.
Housing requirements
Employers need to provide no-cost housing for:
- H-2A workers
- Workers in corresponding employment who can't return to their residence on the same day
Hotels, motels, or other similar public accommodations can be used if they meet health and safety standards set by the federal government.
Inspections
At least 45 days prior to the Date of Need, a Housing Inspector will conduct Farm Labor Camp Inspections. Inspections are mandatory.
The location must meet the Employment and Training Administration (ETA) Standards for Temporary Labor Camps under the H-2A Program. However, if the housing is covered by the Occupational Safety and Health Act (OSHA), the Housing Safety and Health Checklist may be used instead. If the facility houses more than one worker, Department of Public Health (DPH) 106 CMR 420.000 (State Sanitary Code, Chapter III) regulations will also apply.
More information
How to apply
- To apply, employers must submit forms ETA-790/790A and ETA-9142A through the FLAG online filing system. Forms should be submitted 60 to 75 days before the Date of Need.
- The MDCS Foreign Labor Certification (FLC) team will review the job order. FLC may request more information if needed.
- Once approved, you can view the job order in JobQuest.