To apply for an H-2A labor certification, the employer must follow these steps:
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1. **Submit a Job Order**: The employer must submit a job order to the State Workforce Agency (SWA) in the state where the work will be performed. This job order describes the job and its requirements¹.
2. **File Form ETA-9142A**: The employer must file Form ETA-9142A, Application for Temporary Employment Certification, with the U.S. Department of Labor (DOL). This form includes details about the job, the need for temporary workers, and the recruitment efforts to hire U.S. workers².
3. **Recruitment of U.S. Workers**: The employer must actively recruit U.S. workers by advertising the job and interviewing any qualified applicants. This recruitment must be documented and submitted to the DOL³.
4. **Obtain Temporary Labor Certification**: If the DOL approves the application, it will issue a temporary labor certification. This certification confirms that there are not enough U.S. workers available and that hiring foreign workers will not adversely affect the wages and working conditions of U.S. workers⁴.
5. **File Form I-129**: With the temporary labor certification in hand, the employer must then file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) to request H-2A classification for the workers⁵.
6. **Consular Processing**: Once USCIS approves the petition, the workers can apply for their H-2A visas at a U.S. consulate or embassy in their home country⁵.
These steps ensure that the process is thorough and that U.S. workers are given priority for available jobs. If you have any more questions about the H-2A visa program, feel free to ask!
¹: [USCIS](www.uscis.gov/sites/default/files/document/presentations/H-2A_and_H-2B_Visas.pdf)
²: [DOL](www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/Round%2004_2022%20H-2A%20FAQs_H-2A%20App%20Filing%20and%20Processing.pdf)
³: [DOL](flag.dol.gov/programs/H-2A)
⁴: [DOL](www.dol.gov/agencies/eta/foreign-labor/programs/h-2a)
⁵: [USCIS](www.uscis.gov/working-in-the-united-states/temporary-workers/h-2a-temporary-agricultural-workers)
Source: Conversation with Copilot, 9/1/2024
(1) H-2A and H-2B Visas - USCIS. www.uscis.gov/sites/default/files/document/presentations/H-2A_and_H-2B_Visas.pdf.
(2) U.S. Department of Labor Employment and Training Administration OFFICE .... www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/Round%2004_2022%20H-2A%20FAQs_H-2A%20App%20Filing%20and%20Processing.pdf.
(3) H-2A Temporary Certification for Agriculture Workers - DOL. flag.dol.gov/programs/H-2A.
(4) H-2A Temporary Agricultural Program | U.S. Department of Labor. www.dol.gov/agencies/eta/foreign-labor/programs/h-2a.
(5) H-2A Temporary Agricultural Workers | USCIS. www.uscis.gov/working-in-the-united-states/temporary-workers/h-2a-temporary-agricultural-workers.