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Foreign Labor Certification Program

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Purpose of Foreign Labor Certification Programs

Foreign labor certification programs help protect U.S. workers.

These programs make sure that hiring foreign workers (temporarily or permanently):

  • Does not reduce job opportunities for American workers
  • Does not lower wages
  • Does not harm working conditions

Information for Employers

If you anticipate a shortage of U.S. workers to perform agricultural or temporary/seasonal work, you may be eligible to receive help through the H-2A or H-2B Temporary Labor Certification Program. This allows a U.S. employer to hire foreign workers on a temporary basis to perform agricultural work (H-2A) or unskilled, non-agricultural work (H-2B) when there are not sufficient U.S. workers available.

H2-A Program Information for Employers

The H-2A program allows agricultural employers to hire foreign workers for temporary or seasonal labor when there is a lack of domestic workers

How to Apply

  1. Register in the FLAG System.
  2. Submit the Job Order
    • The Foreign Labor Certification (FLC) Unit reviews the ETA-790A form.
    • The FLC Unit creates a job order in Arizona Job Connection.
    • The employer is required to create an account with Arizona Job Connection in order to process the ETA 790 form.
    • View instructions on how to create an employer account in Arizona Job Connection (AJC).
  3. Receive Certification and Complete Housing Inspection
    • After approval, the FLC Unit will email you the certified ETA-790A form.
    • A housing inspection will be scheduled for where the workers will stay.
    • The housing inspection must be completed at least 32 days before the workers are needed.

If you are an employer that is looking for livestock herder workers, refer to the information for H-2A Temporary Certification for Agriculture Workers.

H2-B Program Information for Employers

H-2B Temporary Non-Agricultural Workers Information for Employers

How to Apply
  1. Register in the FLAG System.
  2. Receive a Prevailing Wage Determination (PWD).
    • As the employer, you must then receive a Prevailing Wage Determination.
    • You must obtain a PWD at least 60 days before the date of need.
  3. Create an Employer Account in Arizona Job Connection.
    • Arizona uses Arizona Job Connection for job orders.
    • Employers or agents must create an account in this system.
  4. Create a Job Order.
    • Once the employer has received a PWD and has registered with FLAG and AJC, the employer is then required to create a job order in AJC.
    • For instructions on how to create a job order, please visit Arizona Job Connection Resources.
    • Follow the instructions on creating a job posting.
    • Leave the job order in “On-Hold” status.
    • The FLC unit will review and activate the job order once the Department of Labor (DOL) issues a Notice of Acceptance.
  5. Submit Form ETA-790 through FLAG.
Important

After you file form ETA-790 with the DOL, the H-2B program team may:

  • contact you by the email: [email protected]
  • reach out to fix any issues with the job order created in Arizona Job Connection

Resources for Employers

The FLC Unit can help with questions about the H-2A and H-2B programs. The unit can only advise on the forms and processes that are submitted. The FLC Unit cannot assist with issues outside its responsibilities. If a request is outside its scope, the unit will let you know.

Important: All contact with the FLC Unit must be in English, as required by DOL.

Where to Find Forms and Official Information

You can find forms and program details from the U.S. Department of Labor Office of Foreign Labor Certification (OFLC).

This website provides information about:

  • H-2A and H-2B visa programs
  • Other visa programs managed by the Department of Labor
  • H-2A rules for livestock herders
  • Adverse Effect Wage Rates (AEWR)
  • Prevailing wage requests

Official information on all visa programs, including H-2A and H-2B, comes from the Office of Foreign Labor Certification and will always take precedence over other information. For detailed regulation information for both H-2As and H-2Bs, see the Code of Federal Regulations relating to temporary employment of foreign workers in the United States.

What Happens Next

  • For both H-2As and H-2Bs, as the employer, you will be advised by DOL on advertising requirements for U.S. workers. Once everything has been approved by the State Workforce Agency, all decisions, information, and contact will come from DOL.
  • Housing inspections for H-2A applications may be required. The FLC unit will contact you to conduct a pre-occupancy housing inspection if necessary. The housing inspection certification needs to be submitted to DOL no later than 32 days before the contract’s start date of need. 
  • If your H-2A application is certified by DOL, upon receipt of your H-2A workers, the Migrant Seasonal Farm Worker team will contact you regarding next steps.

Information for Workers

As an employee, it's not your responsibility to handle the foreign labor certification process, but it's helpful to have an understanding of the different programs available. The procedures for obtaining a visa vary depending on whether it's a Permanent, H-1B, H-2A, H-2B, or D-1 visa. For more information on working under the FLC program, visit the Department of Labor website.

H-2A Agricultural Program Information for Workers

Visit Arizona’s Migrant and Seasonal Farmworkers page for more information about working as a H2-A employee. 

H2-B Program Information for Workers

The H-2B program allows American companies to hire foreign individuals for temporary non-farming jobs. To initiate the process, the employer or agent must file a Form I-129, Petition for a Nonimmigrant Worker, on behalf of the potential employee.

H-2B Temporary Non-Agricultural Workers Information for Workers

You may qualify for H-2B classification for up to the period of time authorized on the temporary labor certification. H-2B classification may be extended in increments of up to 1 year each. The maximum period of stay in the H-2B classification is 3 years.

Any H-2B worker's spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.

    Resources for Workers

    Review the H-2B worker resources listed below for information about working in the U.S. including your Worker’s Rights, no-cost resources that are available to you, training programs and more.

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