The H-2A application process takes approximately 90 days. Steps include: • Having or securing licensed temporary worker housing • Submitting job order to the State Workforce Agency (SWA) • Submitting approved job order and application to the U.S. Department of Labor application, no earlier than 75 days and no later than 60 days before the date of need. Please contact Fuerza at minimum of 120 days (4 months) prior to your date of need. This allows our team sufficient time to prepare paperwork and develop application materials tailored to your unique needs.

1. Fuerza files your ETA 790 (Agricultural and Food Processing Clearance Order (job order)) with your local State Workforce Agency (SWA). SWA reviews job order to determine compliance with all applicable state and federal requirements/laws. SWA issues a Notice of Acceptance and recruitment begins. 2. Fuerza files your ETA 9142 (Application for Temporary Employment Certification) with the U.S. Department of Labor (DOL). DOL reviews application to determine compliance with all applicable state and federal requirements/laws. DOL issues a Notice (NOA), provides recruitment instruction of U.S. workers and places the job order on seasonaljobs.dol.gov website. Fuerza helps you prepare a report documenting your recruitment efforts to prove there is a need for foreign workers. After receipt of the recruitment report, DOL issues your labor certification. 3. Fuerza files your I-129 (Petition for a Nonimmigrant Worker (visa petition)) with U.S. Citizenship and Immigration Services (USCIS). USCIS reviews your I-129 and labor certification for compliance with H-2B program requirements. Once approved by USCIS, Fuerza schedules visa interview appointments for workers at the corresponding U.S. Consulate or Embassy.

No. Employers must demonstrate that insufficient numbers of U.S. workers are available for the job. Employers must give preference to U.S. workers by: Paying the established wages to not adversely affect wages and working conditions of U.S. workers Offering employment to willing, able and qualified U.S. worker Not laying-off U.S. workers to employ H-2A workers.

Yes. Federal law requires you to offer employment to all willing, able and qualified U.S. job applicants. You must accept applicants from all sources including and not limited to the State Workforce Agency (SWA), former employees and gate hires. You must continue this through the first half of your H-2A contract period.

Pay is based on the highest of: (1) your state’s Adverse Effect Wage Rate (AEWR); (2) the state prevailing hourly wage or piece rate; (3) an agreed-upon collective bargaining wage rate; or (4) the federal/state minimum wage. The Fair Labor Standards Act (FLSA) exempts most agricultural work from federal overtime pay requirements. Some states may impose overtime pay in certain circumstances. You should research your state’s overtime requirements before employing H-2A workers.

H-2A workers can perform work within the area of intended employment and normal commuting distance disclosed in your labor certification. Workers can only perform work in the employer disclosed housing, unless you are an H-2A Labor Contractor (H-) and satisfy H-2ALC requirements. Fixed-site H-2A employers are limited to a single “area of intended employment” per H-2A application. Area of intended employment generally includes work locations within your Metropolitan Statistical Area (MSA) and work locations within normal commuting distance. Certain employers (e.g., commercial beekeepers, custom combine operators) qualify for special regulatory variances that allow itinerant work across multiple areas of intended employment.

Up to 10 consecutive months. Workers may transfer between H-2A employers for up to three years.

Hours of employment must reflect full-time work schedule of at a minimum 35 hours per week. Employers can require additional hours. H-2A regulations require you to offer workers at least three-fourths of the H-2A contract hours.