Fifty percent rule. Any qualified U.S. worker who applies for a job must be employed until 50 percent of the contract period has elapsed. Assurance is required that the job opportunity for which the employer is requesting H-2A certification does not exist due to a strike or lockout. An additional petition fee is payable to the Immigration and Naturalization Service. The employer is required to keep accurate records of a worker's earnings and to provide the worker with a complete statement of hours worked and related earnings on each payday.
Wages are to be paid at least twice monthly or more frequently if it is the prevailing practice.
The employer must give each worker a copy of the work contract. Under normal circumstances, the RA will notify the employer in writing within seven calendar days after receiving an application, if it is acceptable or needs modifications. When it receives an employer's application for temporary alien agricultural labor certification, the local state employment service office must promptly prepare a local job order and begin recruiting U.S. workers in the area of intended employment. Within seven calendar days after receiving the application, the local office must prepare an agricultural clearance order to permit the recruitment of U.S. workers by the state employment service system on an intrastate and interstate basis. After accepting an application for consideration, the RA will give both the employer and the state employment service direction on specific recruitment efforts to be conducted.