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)


  • 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


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.


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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