It is important to read the FLAG user guides and video tutorials before completing and submitting an H-2A application. mail, will be rejected.Įmployers may submit their H-2A application electronically via the Department's FLAG System. The H-2A Application package which includes the ETA Form 9142A, the ETA Form 790/790A, all applicable attachments and any other additional information must be filed with the Chicago NPC in the FLAG system.ĭuplicate applications, where the employer or authorized representative files electronically and submits that same application via U.S.
The ETA Form 790/790A must be submitted to the SWA serving the area of intended employment in the FLAG system. When: No less than 30 calendar days before the start date of work. The final step in this process identifies the additional documents you must submit to the Chicago NPC in order to receive a final determination and, should labor certification be granted, moving on to the USCIS. Step 4: Completing the Temporary Labor Certification Process When: Recruitment beginning on the date you receive the Notice of Acceptance from the Chicago NPC until you complete the recruitment steps
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workers will be conducted by the employer and includes where and when to advertise, what content the advertisements must contain, and how to prepare your recruitment report. When: No less than 45 calendar days before the start date of work The Chicago NPC will review your application, notify you of any deficiencies, and provide you with additional instructions for completing the temporary labor certification process. Submit an H-2A application to the Chicago NPC. Step 2: Filing an H-2A Application with the Chicago National Processing Center (NPC) When: 75 to 60 calendar days before the start date of work The SWA will review the job order, work with you on any needed corrections, and initiate recruitment of U.S. This involves preparing and submitting an agricultural job order (Form ETA-790/790A) to the SWA that serves the state where the work will be performed. Step 1: Filing a Job Order with the State Workforce Agency (SWA) Citizenship and Immigration Services employers must complete the following four steps in the H-2A Temporary Labor Certification process through the FLAG online filing system. The Department's Wage and Hour Division has responsibility for enforcing provisions of worker contracts.īefore filing a petition with the U.S. The statute and Departmental regulations provide worker protections and employer requirements concerning wages and working conditions.
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. Employment is of a seasonal nature where it 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. to perform agricultural labor or services of a temporary or seasonal nature. The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S.
H-2A Online Filing via FLAG System Program Overview
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