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.
- To file for a H2-A visa application, first visit https://flag.dol.gov/ and follow the instructions to create an account. Once the account is created with FLAG, file an ETA-790A form and all attachment to FLAG between 60 and 75 days before the date of expected need of foreign workers. For written instructions on how to file an ETA 790, please visit https://flag.dol.gov/support/userguides. For video tutorials on how to file an ETA 790, please visit https://flag.dol.gov/support/videotutorials.
The Foreign Labor Certification (FLC) unit will review your ETA 790 form and will create a job order in Arizona’s labor exchange system, Arizona Job Connection. The employer is required to create an account with Arizona Job Connection in order to process the ETA 790 form. For instructions on how to create an account in Arizona Job Connection, please visit Arizona Job Connection Resources and follow the instructions on creating an employer account.
- After approval by the Arizona’s FLC unit, the FLC Unit will email the copy of the certified ETA 790 form. At this point, the FLC unit will request to conduct a housing inspection where the foreign workers will be housed in. The housing inspection must be completed 32 days before the date of expected need of workers.
- If you are an employer that is looking for livestock herder workers, there is a different process and you can find it here https://flag.dol.gov/programs/H-2A.
- Register with the Foreign Labor Application Gateway (FLAG) system 150-120 calendar days before the date of need is required.
- You must then receive a Prevailing Wage Determination (PWD) at least 60 calendar days before the date of need.
- Arizona is a self-service state which means the employer/agent is required to create an account on our job system(link is external) Once you have received a PWD and have registered with FLAG and our job system, you would create a job order in our system referenced above. For instructions on how to create a job order please visit Arizona Job Connection Resources and follow the instructions on creating a job posting. When finished creating a job order in Arizona Job Connection, please make sure to leave the job order in HOLD status instead of activating the job order. The FLC unit will review the job order and activate the job order once we receive confirmation from the Department of Labor.
- For instructions on how to apply for an H2-B visa through FLAG, please follow the instructions listed in this link https://flag.dol.gov/programs/h-2b.
For both H-2As and H-2Bs you will be advised by DOL on advertising requirements for U.S. workers. Additionally, once everything has been approved on the SWA’s end, all decisions, information and contact will come from the DOL.
Housing inspections for H-2A applications are required. Our Migrant Seasonal Farmworker (MSFW) team or the FLC unit will contact you to conduct a pre-occupancy housing inspection which must be approved before permission from DOL is granted to bring in foreign workers, which is usually 32 days before that date of need.
Our FLC Unit is here to make the process on the state end as smooth as possible and we are happy to help in any capacity governed by the H-2A and H-2B regulations. We can only advise on the forms and processes that are submitted to our unit. We will alert you when questions and requested assistance are outside of the scope of our duties. Additionally, all contact to and with our unit must be in English as this is also what the DOL requires.
You may find the necessary forms, latest information about H-2A/H2B and other visa programs administered by the DOL, H-2A details for herders, adverse effect wage rates (AEWR) and prevailing wage requests at the DOL Office of Foreign Labor Certification (OFLC).
All official information on all visa programs, including H-2A and H-2B, come from the OFLC at the abovementioned website 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.
Email is preferable over phone. We are an entirely electronic office and do not accept mailed or faxed applications.
For H-2As: [email protected]
For H-2Bs: [email protected]
Phone 1: (602) 542-2482
Phone 2: (602) 542-6325