Application Filing Requirements

USDOL H-2A and H-2B Programs

Ensure all required fields on the ETA-9142A/B are completed prior to submission
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) impacting your template, employers must amend the template to avoid a continuation of the same NOD for each application
Ensure the size of workforce and period of employment (i.e., start and end dates of work) requested for H-2A or H-2B certification 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 (start or end dates), especially more than 2 weeks, must be accompanied with an explanation and the CO may request supporting documents
In H-2B, job contractors need to demonstrate through documentation its OWN temporary need, not just the need of its employer-client, and can only file based on a seasonal need or a one-time occurrence

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 other documentation demonstrating rental/public accommodation housing meets standards and sufficient to house all workers
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 start and end dates of work, and a description of the crops and activities
Copy of fully executed work contracts with each fixed-site employer
Copy of MSPA FLC Certificate of Registration, where required, identifying the specific FLC activities
Proof of ability to discharge financial obligations by submitting an original surety bond document
Where the fixed-site employer will provide housing or transportation to workers, proof that:

Housing complies with applicable standards and has been certified by the SWA
Transportation complies with applicable federal, state, or local laws and regulations

H-2A Labor Contractors must:

Organize housing and transportation for worker crews well in advance of filing the job order
Provide documentation that rental or other public accommodation housing complies with the applicable local, state, or federal housing standards
Prepare for the time it will take to obtain and/or renew Farm Labor Contractor (FLC) documents with Wage and Hour
All worksites listed on the ETA Form 9142A and ETA Form 790A must be within the same area of intended employment
Applications and job orders containing worksites covering multiple areas of intended employment will not be accepted