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Steps to becoming an H-2A Employer
  1. Determine Wage Rate to Offer – highest of:
    • Adverse Effect Wage Rate (AEWR)
    • Prevailing hourly wage or piece rate
    • Agreed-upon Collective Bargaining Agreement (CBA) Wage (if applicable)
    • Federal or State Minimum wage
  2. Place a Job Order with local State Workforce Agency (SWA).
  3. Submit Application for Labor Certification to U.S. Department of Labor (USDOL).
    • Submit supporting documentation (where required).
  4. Conduct positive recruitment (in addition to job order submitted to SWA).
    • Publish employment ad in local area and in labor supply states (as directed by USDOL).
    • If applicable, contact local union.
    • Contact domestic workers who performed the job last year.
    • Complete and submit initial Summary of Recruitment Activities to US DOL.
  5. USDOL makes Labor Certification determinations.
  6. Submit Petition for Nonimmigrant Worker to U.S. Citizenship and Immigration Services (USCIS).
  7. Receive Approved Petition
  8. Workers apply to U.S. Department of State (at Consulate office in workers home country).
  9. Workers report to work.
Special consideration on recruitment includes: continued cooperation with the SWA by accepting referrals of eligible U.S. workers until 50% of the period of the work contract has passed. Recruitment logs and reports must be kept through that time period.

A supplemental recruitment summary must be submitted to US DOL through-out the entire requirement period (50% rule above).

Please see Electronic Code of Federal Regulations for clarification on employer Obligations and Assurances (20CFR655.135) CLICK HERE

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