Program Overview

The H-2A temporary agricultural program allows 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. Employment is of a seasonal nature where it is tied to a certain time of year by an event or pattern, such as a short annual growing cycle, and requires labor levels above what is necessary for ongoing operations. Employment is of a temporary nature when the employer's need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than 1 year.

The Department must determine that:

1. there are not sufficient able, willing, and qualified U.S. workers available to perform the temporary and seasonal agricultural employment for which nonimmigrant foreign workers are being requested; and
2. employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. The statute and Departmental regulations provide numerous worker protections and employer requirements with respect to wages and working conditions. The Department's Wage and Hour Division (WHD) has responsibility for enforcing provisions of worker contracts.

Detailed Program Description available here.

How and When to Apply

Prior to filing a petition with the U.S. Citizenship and Immigration Services

1. A job offer (ETA Form 790) must be filed with the State Workforce Agency (SWA) in the area of intended employment between 60 and 75 days before the date of need for workers.
2. An application package including the ETA Form 9142 and accepted Job Order (ETA Form 790) from the SWA and attachments along with any other supporting documentation must be filed with the Chicago NPC no less than 45 days prior to the employer's date of need.

What to Submit to the Chicago NPC:

• Agricultural and Food Processing Clearance Order (ETA Form 790);
• Application for Temporary Employment Certification and Appendix A.2; (ETA Form 9142)
• Attachments as appropriate to supplement information requested on the above forms; and
• Additional documentation for H-2A Labor Contractors.

Where to Apply

The ETA Form 790 must be filed with the SWA serving the area of intended employment. The list of SWAs can be found here.

The H-2A Application package which includes the ETA Form 9142, the ETA Form 790, all applicable attachments and any other additional information must be filed with the Chicago NPC at the following address:

U.S. Department of Labor - ETA
Chicago National Processing Center
536 South Clark Street, 9th Floor
Chicago, IL 60605 -1509
Attention: H-2A Program Unit

What Happens Next:

The Chicago NPC will promptly review the application. Within seven (7) calendar days of receipt of the application, the Chicago NPC will notify the employer in writing of the decision to accept or reject the employer's application. The notification will also provide next steps for the employer to take. Copies of the notification will be sent to the employer and, if applicable, the employer's attorney or agent by means normally assuring next day delivery. If the application is accepted or amended within the required time frame and complies with the regulations, the Chicago NPC will make a final determination thirty (30) calendar days prior to the employer's date of need.

FAQs

 H-2A Temporary Labor Certification Program (Agricultural)