| Types of Foreign Labor Certification |
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| Temporary Ag Workers (H-2A) |
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WHAT THE PROGRAM DOES: This program allows employers wishing to employ foreign workers in temporary non-agricultural occupations for a period of less than one year to file a labor certification application directly with the U.S. Department of Labor Office of Foreign Labor Certification.
REGULATIONS: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title20/20cfr655_main_02.tpl Federal Regulations 12-08
The State Workforce Agency does not advise employers on the navigation of the federal H-2A process.
It is recommended that you read the above posted regulations thoroughly.
Questions should be addressed by e-mail to tlc.chicago@dol.gov
TEMPORARY EMPLOYMENT: An H-2A temporary agricultural worker is a foreign worker who is coming to the U.S. to perform temporary/seasonal services or labor if qualified U.S. workers capable of performing such services or labor are not available. The employers’ need for the services or labor must be either:
- A one-time occurrence - (a) the employer has not employed workers to perform the services or labor in the past, and the employer will not need workers to perform the services or labor in the future. (b) The employer has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
- Seasonal need - The employer must establish that the services or labor are traditionally tied to a season of the year by a temporary event or pattern and are of a recurring nature.
- Peak load need - The employer must establish that it regularly employs permanent workers to perform the services or labor, and it needs to supplement its permanent staff on a temporary basis due to seasonal or short-term demands, with temporary employees who will not become a part of the regular operations.
- Intermittent need - The employer must establish that it has not employed permanent or full-time workers to perform the services or labor, but occasionally or intermittently needs temporary workers for short periods.
REQUIRED WAGES: The Immigration and Nationality Act (INA) requires that the wages paid to non-immigrants be at least the higher of the actual wage rate paid to all other workers with similar experiences and qualifications for the specific employment in question or the prevailing wage rate for the occupational classification in the area of employment. The amended INA does not preclude the employer from paying non-immigrants more than the higher of the actual wage or the prevailing wage.
To request a prevailing wage prior to recruitment use this form 9141: http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9141.pdf
Instructions for completing the form: http://www.foreignlaborcert.doleta.gov/pdf/eta_form_9141_general_instructions.pdf
REQUIRED RECRUITMENT AND HOUSING INSPECTION: Contact the State Workforce Agency for assistance in placing you your listing and to request housing inspection information. H-2A listings must be identified and approved prior to recruitment. The Foreign Labor Certification number is 1-800-237-3710 ext. 71659 (in Oregon) or 503-947-1659.
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