The Importance of Properly Documenting and Reporting H-2A Employment

We know that staying compliant can be challenging, so we’ve made an H-2A checklist to help you along the way. Make sure you’re following the steps below to stay on track:

1. Identify the Need: Ascertain your need for temporary agricultural workers that cannot be fulfilled by local workers.
2. Prepare a Job Order: Draft a detailed job order outlining the nature of work, requirements, wages, and working conditions. This should be submitted to the State Workforce Agency (SWA).
3. File a Labor Certification with the Department of Labor (DOL): Submit a completed ETA Form 9142A to the DOL. The form should include details about the job and efforts made to recruit U.S. workers.
4. Recruit Domestic Workers: Make efforts to recruit eligible U.S. workers for the job openings. Document these efforts as proof for the DOL.
5. Respond to DOL Requests: Address any requests from the DOL promptly and comprehensively. This can include requests for additional information or modifications to the job order.
6. Obtain a Labor Certification Approval: After reviewing your application and recruitment efforts, the DOL will issue a labor certification approval if they determine there are not sufficient able, willing, qualified, and available U.S. workers.
7. Petition USCIS with Approved Labor Certification: Once you receive labor certification approval, file Form I-129 (Petition for Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS).
8. Wait for USCIS Decision: USCIS will review the petition and make a decision. If approved, USCIS will send you a Notice of Approval (Form I-797).
9. Prospective Workers Apply for Visa: Once the petition is approved, prospective workers outside the U.S. can apply for the H-2A visa at the U.S. Embassy or Consulate in their home country.
10. Employee Arrival and Work Verification: When the workers arrive, verify their employment eligibility and keep records as required by law.