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
- 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
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 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
Filing Tips for H-2A Labor Contractors
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