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 workers? The United States Department of Labor will determine the applicable rate. The wage or rate of pay must be the same for U. S. workers and H-2A workers. The hourly rate must also be at least as high as the applicable Adverse Effect Wage Rate (AEWR), federal or state minimum wage, or the applicable prevailing hourly wage rate. Each H-2A employer must also guarantee that the worker will have work for at least 75% of the total hours in the contract period of need. 8. A
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.
