H-2A Labor Certification

1. What is an H-2A certification?

The H-2A labor certification program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the to perform agricultural labor or services of a temporary or seasonal nature.

2. How long is an H-2A valid?

The H-2A certification is valid for up to 364 days. As temporary or seasonal agricultural employment, the work is performed at certain seasons of the year or for a limited time period of less than one year when the employer can show that the need for the foreign worker is truly temporary.

3. What constitutes a temporary need for H-2A temporary labor certification?

The employer's need for a worker must be of a seasonal or other temporary basis. A seasonal basis is the kind exclusively performed at certain seasons or periods of the year and which, from its nature, may be continuous or carried on throughout the year. A temporary basis is for a limited time only or is contemplated for a particular piece of work, usually of a short duration.

4. What is the required time frame for filing an H-2A temporary labor certification application?

Employers are advised to file requests for H-2A certifications at least 45 days before certification is needed. Conversely, SWAs have been instructed to return H-2A certification applications filed more than 120 days before the worker is needed.

5. If my application is denied, can I still file with BCIS?

Yes. The DOL decision is only an advisory to BCIS in H-2A cerification applications.