The H-2A Temporary Agricultural Labor Certification establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. The employer must file an application with the Department stating that there are not sufficient U.S. workers who are able, willing, qualified, and available, and that the employment of aliens will not adversely affect the wages and working conditions of similarly employed U.S. workers. “Temporary or seasonal nature” means employment performed at certain seasons of the year, usually in relation to the production and/or harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign workers(s) is truly temporary.

In the H2-A Program, employers are advised that it is desirable to make an independent determination of factors such as prevailing wages and employer practices before filing an application. Applications should be filed by mail or in-person to the appropriate National Processing Center and local SWA, a minimum of 45 calendar days before the first date of need. The employer could file earlier to give time for any delays. There is the H-2A On-Line Application Processing System, which is a web-based system that allows the creation of both Forms ETA 750 and 790 electronically and the option to save and re-use the information for future applications. Additionally, the system provides the capability to track applications (once sent to USDOL) as they move through the process.

The employer must provide housing, meals, transportation, workers' compensation insurance, and tools & supplies to all workers. Housing must be inspected and approved according to appropriate standards. The employer must guarantee to offer each worker employment for at least three-fourths of the workdays in the work contract period and any extensions. The fifty percent (50%) rule states the employer must hire any qualified and eligible U.S. worker who applies for a job until half of the period of the work contract has expired. The wage or rate of pay must be the same for U.S. workers and H-2A workers. The hourly rate must also be at least as high as the applicable Adverse Effect Wage Rate (AEWR), federal or state minimum wage, or the applicable prevailing hourly wage rate, whichever is higher. Prevailing Wage Surveys are conducted and wages are in effect.

The employer must engage in independent positive recruitment of U.S. workers. Newspaper and radio ads are made on the employer's part. A job order is issued once an application has been accepted for consideration. Any resumes/applications of referrals for this program are to be sent to SWA as soon as possible. The recruitment phase is half of the requested work period plus one day. Once certification has been granted, employer must continue recruitment.

For any additional information, please refer to the U.S. DOL Foreign Labor Certification for H2-A Certification.