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Foreign Labor Certification Program

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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.

H-2A Orders

  • File for an H-2A visa application. Follow the instructions to create an account. Once the account is created with FLAG, file an ETA-790A form and all attachments  to FLAG between 60 and 75 days before the date of the expected need of foreign workers. View written instructions on how to file an ETA 790.
  • View video tutorials on how to file an ETA 790
  • 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. View instructions on how to create an employer account in Arizona Job Connection.
  • After approval by Arizona’s FLC unit, the FLC Unit will email a 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. The housing inspection must be completed 32 days before the date of the expected need of workers. 
  • If you are an employer that is looking for livestock herder workers, refer to the information for H-2A Temporary Certification for Agriculture Workers.

H-2B Orders

  • Register with the Foreign Labor Application Gateway (FLAG) system 150-120 calendar days before the date of need is required.
  • As the employer, you must then receive a Prevailing Wage Determination (PWD) at least 60 calendar days before the date of need.
  • Arizona uses a self-service system that requires the employer/agent to create an account on the Labor Exchange System, Arizona Job Connection (AJC). 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 and follow the instructions on creating a job posting. Upon creating a job order in AJC, please make sure to keep the job order “ON-HOLD” status. The FLC unit will review and activate the job order once the Department of Labor (DOL) issues a Notice of Acceptance. 
  • For instructions on how to apply for an H-2B visa through FLAG, please follow the instructions listed.
  • Upon filling your ETA 790 with DOL, you may be contacted by the H2B program at [email protected] to fix any issues with the job order created in Arizona Job Connection.

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.

Resources

  • The FLC Unit can assist in any capacity governed by the H-2A and H-2B regulations and can only advise on the forms and processes that are submitted. The FLC Unit will alert you when questions and requested assistance are outside of the scope of the Unit’s duties. Additionally, all contact to and with the FLC unit must be in English, per DOL requirements.
  • You may find the necessary forms, latest information about H-2A/H-2B and other visa programs administered by DOL, H-2A details for herders, adverse effect wage rates (AEWR) and prevailing wage requests at the DOL Office of Foreign Labor Certification (OFLC).
  • Official information on all visa programs, including H-2A and H-2B, comes from the OFLC 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.
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