The Foreign Labor Certification Program is federally funded through a contract with the U.S. Department of Labor. Prior to bringing foreign workers into the U.S., an employer must file a labor certification application.
Employers must offer and pay wages that are no less then the prevailing wage for the occupation in the area of intendend employment, and they must initiate a Work search to recruit qualified U.S. workers to the job opening. Employers can reject U.S. applicants only for job-related reasons. The U.S. Department of Labor determines certification or denial.
Employers must provide housing at no cost to H-2A foreign and domestic workers who are not reasonably able to return to their residence within the same day, and to their families if applicable. If the employer chooses to provide rental accomodations for such workers, the employer is required to pay all housing-related charges directly to the housing's management.
In Oregon, employers that use the H-2A program must use the following statement in their H-2A applications: "Housing is provided at no cost to those who live outside the local commuting area. Fair housing law generally applies to farm labor housing."