USDOL H-2A and H-2B Programs
Comparing Application Filing Requirements
General Filing Tips & Issues
- Ensure all required fields on the ETA-9142A/B are completed prior to submission
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Review your application package carefully and ensure all required documents are included or uploaded electronically
- Use a “checklist cover sheet” that identifies all items submitted for processing with your application package
- For more efficient processing, upload separate electronic documents for each document type (e.g., job order, agent agreement) rather than one large file
- Provide legible copies of supporting documentation — this is a particular problem with contractor documents (e.g., FLC registrations, H-2A surety bonds)
- Try to file your job order and application as early as the regulatory timeframes permit
- In H-2B, employer must have a valid prevailing wage determination issued by the NPWC; otherwise application will be rejected
- Make sure the dates of need, number of workers being requested for certification, and worksite locations match between the job order and Form ETA-9142A/B
- If using a template to submit applications and the CO issues a Notice of Deficiency (NOD), employers must amend the template to avoid repeating the same NOD for each application
- Ensure the size of workforce and period of employment (start and end dates) represents a bona fide business need
- Requesting a start date of work based on “expected government delays” is not acceptable
- Changes to the period of employment (especially more than 2 weeks) must include an explanation and may require supporting documents
- In H-2B, job contractors must demonstrate their OWN temporary need, not just the employer-client’s need, and must file based on seasonal or one-time occurrence
H-2A Agricultural Program Application Filing Checklist (non-emergency situation)
Employer will submit the following documents:
- ETA 9142A
- Appendix A - signed and dated
- Itinerary of worksites (if applicable)
- Workers compensation coverage
- SWA housing inspection report(s) or documentation showing housing meets standards
- Agent agreement/documentation demonstrating authority to represent the employer and MSPA registration (if applicable)
Additional documentation for H-2A labor contractors:
- Name and location of each fixed-site employer, expected work dates, and crop/activity description
- Copy of fully executed work contracts with each fixed-site employer
- Copy of MSPA FLC Certificate of Registration (if required)
- Proof of financial ability via an original surety bond document
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Where housing or transportation is provided, proof that:
- Housing meets applicable standards and is SWA-certified
- Transportation complies with federal, state, and local laws
Filing Tips for H-2A Labor Contractors
H-2A Labor Contractors must:
- Organize housing and transportation well in advance
- Provide documentation that housing meets local, state, or federal standards
- Prepare for time needed to obtain or renew FLC documents
- Ensure all worksites are within the same area of intended employment
- Applications covering multiple employment areas will not be accepted