H2A Visa

Frequently Asked Questions & Answers

16. What forms are to be submitted by H-2A employer?

The forms to be submitted are:

  1. Department of Labor Form ETA-750A, Application for Alien Labor Certification
  2. Department of Labor Form ETA-790, Agricultural and Food Processing Clearance Order
  3. Attachments as appropriate to supplement information requested on the above Forms and statement of authorization of agent or association, if applicable

    17. Where is the Labor Condition application for H-2A temporary work visa filed?

    A temporary agricultural Labor Certification must be obtained from the U.S. Department of Labor to employ temporary or seasonal workers. Before the USCIS can approve an employer’s petition for such workers, the employer must file an application with the Department stating that there are not sufficient workers who are able, willing, qualified, and available and that the employment of foreign nationals will not adversely affect the wages and working conditions of similarly employed U.S. workers.

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    18. When should the Labor Certification Application for H-2A visa be filed?

    Applications must be filed with the appropriate U.S. Department of Labor (DOL), Regional Administrator (RA), Employment and Training Administration (ETA) and local office of the State Employment Service at least 45 days before the first date on which workers are needed. If the application is acceptable, the RA will make a certification determination 20 days before the date on which the workers are needed.

    Note: In emergency situations the regional administrator may waive the time period specified, provided the regional administrator has an opportunity to obtain sufficient labor market information on an expedited basis on the U.S. worker availability. However, none of the minimum conditions of employment (wages, housing, and other benefits) are waived

    19. Where should I submit the H-2A visa application?

    If you are:

    1. In a lawful status in the U.S., submit the visa application to a USCIS field office in the U.S.
    2. Outside the U.S., submit the visa application to the American Consulate where you reside

    20. How will I know when my H-2A visa application is accepted for consideration?

    If your application is accepted for consideration, the regional administrator will notify the employer in writing. The regional administrator’s notice of acceptance will:

    1. Inform the employer and the SWA of specific efforts expected of them regarding recruitment of U.S. workers
    2. Require that the job order be placed into appropriate intrastate and interstate clearances and
    3. Require the employer to engage in independent positive recruitment efforts within a multi-state region of traditional or expected labor supply if the regional administrator determines there is a sufficient supply of labor to be recruited