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H-2A Agricultural Program

Preparing the Form ETA-/790A – General Requirements

Employer’s job opportunity must:

  • Offer to U.S. workers no less than the same benefits, wages, and working conditions that the employer is offering, intends to offer, or will provide to H-2A workers
  • Not impose on U.S. workers any restrictions or obligations that will not be imposed on H-2A workers
  • Offer job qualifications and requirements that are bona fide and consistent with the normal and accepted qualifications required by employers that do not use H-2A workers in the same or comparable occupations and crops
  • CO or SWA may require employer to submit documentation substantiating the appropriateness of any qualification contained in the ETA Form 790A

Tips for Preparing the Form ETA-790A

  • Make sure the job order contains the minimum content requirements under 20 CFR 655.122(d)

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  • Make sure the expected start and end dates of work and the number of workers requested match the Form ETA-9142A
  • Identify all housing units for workers including
    1. Clear and legible directions to each housing location
    2. Description of the housing and type (e.g., rental/public accommodation, labor camp, 2-story wood frame barracks)
    3. Capacity of the housing unit, if available
  • For rental housing or other public accommodations, employer must provide a signed and dated assurance from the housing operator that identifies the applicable housing standards (e.g., local, state, federal) and that the housing unit(s) meet those standards
  • Make sure the job description/requirements match the Form ETA-9142A and are normal and accepted by non-H-2A employers in the same or comparable occupations and crops

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IF the employer identifies certain job requirements, make sure that the appropriate boxes in Section A, Item 8a and Section B, Item 4 are completed and match.


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Productivity standards

  • Cannot be tied to an hourly rate of pay
  • Be careful of language in job orders that appear to create production standards that are vague and not clearly understood (e.g., perform work in a timely and proficient manner)
  • Regulation requires that production standards must be no more than those normally required (at the time of the first H-2A application) by other employers for the activity in the area of intended employment
  • Generally, production standards for employers who use the H-2A program cannot be increased in subsequent filing years
  • More information on the use of production standards can be found in Round 9 FAQs posted on October 2015 at: www.foreignlaborcert.doleta.gov/pdf/H-2A_FAQ_Round9.pdf

If you need more space to explain the terms and conditions of employment, please use addendum A.

  • Disclose the current amounts for transportation and daily subsistence payments to workers located at: www.foreignlaborcert.doleta.gov/meal_travel_subsistence.cfm
  • Proofread documents prior to submission for errors and inconsistencies
  • Ensure all required information on the ETA Forms 790A are completed prior to submission
  • Ensure the form is signed and dated by the employer; NOT the employer’s authorized agent or attorney
    1. Electronic signature of the employer on the Form ETA-790A is acceptable.
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