Foreign Labor Certification
Agricultural Recruitment System
The Agricultural Recruitment System (ARS) helps agricultural employers recruit qualified U.S. workers (workers) on a temporary or seasonal basis, and provides workers seeking temporary agricultural employment with opportunities for such employment (see 20 CFR 653 Subpart F). Through the ARS, SWAs can recruit and refer qualified U.S. workers from within a state and from other states when they anticipate that there are less temporary agricultural workers available than needed in the local area. ARS helps agricultural employers meet temporary and seasonal labor needs by matching U.S. job seekers with agricultural jobs.
For more information on ARS or if you would like to participate in ARS, contact your local American Job Center.
You can also view a webcast on ARS on this page and access ARS posters below:
- Agriculture Recruitment System: 8.5" x 11" PDF , 11" x 17" PDF
- Sistema de Reclutamiento Agrícola: 8.5" x 11" PDF, 11" x 17" PDF
Determine eligibility
A U.S. employer or an association of agricultural producers who has full-time work that needs to be performed on a temporary or seasonal basis may apply to the OFLC for an H-2A temporary labor certification. The general guidelines below will help you understand whether you are eligible to participate in the H-2A Program.
- You must be an employer with a place of business physically located in the United States, possess a valid Federal Employer Identification Number (FEIN); and have the ability to hire, pay, fire, supervise, or otherwise control the work of the workers you employ;
- The work to be performed must consist of agricultural labor or services, such as the planting, raising, cultivating, harvesting, or production of any agricultural or horticultural commodity;
- The work must be full-time, at least 35 hours (or more) per work week; and,
- The need for the work must be seasonal or temporary in nature and tied to a certain time of the year by a recurring event or pattern, such as an annual growing cycle, normally lasting 10 months or less.
- Learn about the H-2A visa
H-2A:
The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Employment of a seasonal nature is tied to a certain time of year by an event or pattern, such as a short annual growing cycle, and requires labor levels above what is necessary for ongoing operations. Employment is of a temporary nature when the employer's need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than one year.
The Department must determine that:
- There are not sufficient able, willing, and qualified United States (U.S.) workers available to perform the agricultural labor or services of a temporary or seasonal nature for which an employer desires to hire temporary foreign workers (H-2A workers); and
- The employment of the H-2A worker(s) will not adversely affect the wages and working conditions of workers in the U.S. similarly employed.
Learn more by visiting this page.
- Learn about the H-2B visa
H-2B:
In order to issue an H-2B certification to an employer, the U.S. Department of Labor (Department) must determine that:
- There are not sufficient U.S. workers who are qualified and who will be available to perform the temporary services or labor for which an employer desires to hire foreign workers; and
- The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
To participate in the H-2B program, an applicant must:
- *Be an employer with a valid Federal Employer Identification Number (FEIN);
- *Have a place of business (i.e., physical location) in the United States; and
- *Have a means by which it can be contacted for employment.
Learn more by visiting this page.
Additional Information
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Contact Information
Please contact your local American Job Center for help creating an Agricultural and Food Processing Clearance order.
Forms
- ETA Forms 790 and 790B Agricultural Clearance Order Not Connected to H-2A (Microsoft Word)
- Instructions for ETA Forms 790 and 790B Agricultural Clearance Order Not Connected to H-2A (PDF)