Foreign Labor Certification
Agricultural Recruitment System
Determine eligibility
A U.S. employer or an association of agricultural producers who has full-time work that needs to be performed on a temporary or seasonal basis may apply to the OFLC for an H-2A temporary labor certification. The general guidelines below will help you understand whether you are eligible to participate in the H-2A Program.
- You must be an employer with a place of business physically located in the United States, possess a valid Federal Employer Identification Number (FEIN); and have the ability to hire, pay, fire, supervise, or otherwise control the work of the workers you employ;
- The work to be performed must consist of agricultural labor or services, such as the planting, raising, cultivating, harvesting, or production of any agricultural or horticultural commodity;
- The work must be full-time, at least 35 hours (or more) per work week; and,
- 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.
Contact Information
Please contact your local American Job Center for help creating an Agricultural and Food Processing Clearance order.
Forms
- ETA Forms 790 and 790B Agricultural Clearance Order Not Connected to H-2A (Microsoft Word)
- Instructions for ETA Forms 790 and 790B Agricultural Clearance Order Not Connected to H-2A (PDF)