coverage must be provided to the Regional Administrator (RA) before certification is granted
g.
Tools and Supplies: The employer must furnish at no cost to the seasonal agricultural workers all tools and supplies necessary to carry out the work, unless it is common practice for the workers to provide certain items
h.
Three-fourths Guarantee: The employer must guarantee
to offer each worker employment for at least three-fourths of the workdays in the work contract period and any extensions
i.
Fifty per cent rule: The employer must employ any qualified U.S. worker who applies for a job until 50 per cent of the contract period has elapsed.
j.
Labor Dispute: The employer must assure that the job opportunity for which the employer is requesting H2A certification is not vacant due to a strike or lockout.
k.
Certification Fee: A fee will be charged to an employer granted temporary alien agricultural labor certification
l.
Other Conditions: The employer must keep accurate records with respect to a worker's earnings. The worker must be provided with a complete statement of hours worked and related earnings on each payday. The employer must pay the worker at least twice monthly or more frequently if it is the prevailing practice. A copy of the work contract must be provided by the employer to each worker
B.
Criteria for Determining Employee's Eligibility
You are eligible for the H2A seasonal agricultural workers visa provided:
1.
You have a valid job offer from a U.S. employer to perform temporary or seasonal
agricultural work
2.
You intend to return to your home country on expiration of the visa
III.
Applying for the H2A Visa
You cannot apply for an H2A visa as an individual. A U.S. employer must sponsor you for an H2A visa.
A.
Applying for Temporary Labor Certification
The certification is designed to ensure that the admission of foreigners to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers.
The U.S. employer must file the Labor Certification at the appropriate State Workforce Agency (SWA) at least 45 days before the day on which workers are needed. In emergency situations, the SWA may waive the time period specified, provided the SWA has an opportunity to obtain sufficient labor market information on an expedited basis in order to make a determination of U.S. worker availability.
The Labor Certification application may be filed using any of the following methods:
1.
Filed in person with the appropriate regional administrator and local SWA
2.
Mailed to the appropriate regional administrator and local office of the SWA by certified mail, return receipt requested
3.
Delivered by guaranteed commercial delivery to the appropriate regional administrator and local office of the SWA
An H2A certification is valid for up to 364 days. As temporary or seasonal agricultural employment,
the work is performed at certain seasons of the year or for a limited time period of less than one year when the employer can show that the need for the foreign worker is truly temporary.
