Foreign Labor Certification Program
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. Basically, 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.
- File an ETA-790 form and all attachments (if any) to the State Workforce Agency (SWA) between 60 and 75 days before the date of the expected need of workers. Please submit all documentation to [email protected].
- After approval by the Arizona Department of Economic Security FLC Unit (AZDES FLC Unit), submit to U.S. Department of Labor (DOL) between 45 to 60 days before the date of need, preferably online at https://icert.doleta.gov/.
*If you are an employer that is looking for herder workers, there is a different process and you can find it in the resources below.
- Register with the DOL iCERT 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. Once you have registered with iCERT, received a PWD, you would create a job order in our system referenced above and submit a copy of the job order to [email protected] 75-90 days before the date of the expected need of workers. Note: The job order is submitted to our unit at the same time that the H-2B application is submitted to the DOL.
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. We do not allow self-certification or alternative method housing inspections in Arizona. Our Migrant Seasonal Farmworker (MSFW) team 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.