The purpose of foreign labor certification programs is to ensure that the employment of foreign workers in the United States, either on a permanent or temporary basis, does not have any negative impact on the job opportunities, wages, or working conditions of American workers.
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.
The H-2A program allows agricultural employers to hire foreign workers for temporary or seasonal labor when there is a lack of domestic 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.
Visit Arizona’s Migrant and Seasonal Farmworkers page for more information about working as a H2-A employee.
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.
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.
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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Pursuant to Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) and other nondiscrimination laws and authorities, ADES does not discriminate on the basis of race, color, national origin, sex, age, or disability. Persons that require a reasonable modification based on language or disability should submit a request as early as possible to ensure the State has an opportunity to address the modification. The process for requesting a reasonable modification can be found at Equal Opportunity and Reasonable Modification