Foreign Labor Certification

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:

1. 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
2. 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.

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H-2B:

In order to issue an H-2B certification to an employer, the U.S. Department of Labor (Department) must determine that:

1. 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
2. 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.

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