An application for an H-2A worker begins with the Department of Labor. Two copies of form ETA-750 are filed, one of which is sent to the appropriate DOL region, the other to the state employment service agency for the state in which work is sought. The application must be submitted at least 60 days before the temporary workers are needed. The DOL must approve it 20 days before the starting work date. The DOL directs recruitment efforts for H-2A positions.
Most referrals come from the state agencies.
While the statute requires growers to recruit US workers, DOL regulations do not strictly enforce this requirement. For this reason, employers heavily recruit for more H-2A workers while virtually ignoring available US workers. After the recruitment period, the DOL makes a decision on certification. It will subtract the number of US workers who were successfully referred from the number of H-2A workers requested and certify the remaining job openings. Certification will not be issued if the DOL determines that US workers have filled all the job openings, or if it finds that the potential H-2A workers have been offered better working conditions that those offered to US workers.