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.
- Learn about the H-2A visa
H-2A:
The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Employment of a seasonal nature is tied to a certain time of year by an event or pattern, such as a short annual growing cycle, and requires labor levels above what is necessary for ongoing operations. Employment is of a temporary nature when the employer's need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than one year.
The Department must determine that:
- There are not sufficient able, willing, and qualified United States (U.S.) workers available to perform the agricultural labor or services of a temporary or seasonal nature for which an employer desires to hire temporary foreign workers (H-2A workers); and
- The employment of the H-2A worker(s) will not adversely affect the wages and working conditions of workers in the U.S. similarly employed.
Learn more by visiting this page.
- Learn about the H-2B visa
H-2B:
In order to issue an H-2B certification to an employer, the U.S. Department of Labor (Department) must determine that:
- There are not sufficient U.S. workers who are qualified and who will be available to perform the temporary services or labor for which an employer desires to hire foreign workers; and
- The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
To participate in the H-2B program, an applicant must:
- *Be an employer with a valid Federal Employer Identification Number (FEIN);
- *Have a place of business (i.e., physical location) in the United States; and
- *Have a means by which it can be contacted for employment.
Learn more by visiting this page.
Additional Information
Learn More!Additional Information
WorkOne Locations
Find a WorkOne Near you!
WorkOne Locations
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)
