What constitutes a temporary need for H-2A temporary Labor Certification?
The employer’s need for a worker must be of a seasonal or other temporary basis. A seasonal basis is the kind exclusively performed at certain seasons or periods of the year and which, from its nature, may be continuous or carried on throughout the year. A temporary basis is for a limited time only or is contemplated for a particular piece of work, usually of a short duration.
The employer’s need for a worker must be of a seasonal or other temporary basis. A seasonal basis is the kind exclusively performed at certain seasons or periods of the year and which, from its nature, may be continuous or carried on throughout the year. A temporary basis is for a limited time only or is contemplated for a particular piece of work, usually of a short duration. 4. What is the required time frame for filing an H-2A temporary labor certification application? Employers are advised to file requests for H-2A certifications at least 45 days before certification is needed. 5. If my application is denied, can I still file with BCIS? Yes. The DOL decision is only an advisory to BCIS in H-2A cerification applications. 6. Must the employer attempt to hire US worker to fill the jobs first? Yes, the employer must agree to engage in recruitment of U.S. workers. Typically, this means an active effort, including newspaper and radio advisement. 7. What does the employer have to pay the
The employer’s need for a worker must be of a seasonal or other temporary basis. A seasonal basis is the kind exclusively performed at certain seasons or periods of the year and which,from its nature, may be continuous or carried on throughout the year. A temporary basis is for a limited time only or is contemplated for a particular piece of work, usually of a short duration. 4. What is the required time frame for filing an H-2A temporary labor certification application? Employers are advised to file requests for H-2A certifications at least 45 days before certification is needed. Conversely, SWAs have been instructed to return H-2A certification applications filed more than 120 days before the worker is needed. 5. If the Department of Labor (DOL) denies the application, can I still file with CIS? Yes. The DOL decision is only an advisory to BCIS in H-2A cerification applications.
The employer’s need for a worker must be of a seasonal or other temporary basis. A seasonal basis is the kind exclusively performed at certain seasons or periods of the year and which, from its nature, may not be continuous or carried on throughout the year. A temporary basis is for a limited time only or is contemplated for a particular piece of work, usually of a short duration.
