The H-2A program is now on the DOL’s Foreign Labor Application Gateway.
The H-2A program, or the H-2A temporary agricultural program, is now on the new Foreign Labor Application Gateway, or FLAG, system, which itself was recently implemented itself by the Department of Labor.
What is the H-2A Program?
As we wrote in this article,
“…the H-2A program allows an employer to bring foreign nationals to the United States to fill agricultural jobs. The H-2A Visa process takes several steps. First, an employer (the Petitioner) needs to apply with the U.S. Department of Labor for a temporary labor certification. Next, the employer submits Form I-129. Finally, the foreign national needs to apply for their visa and/or admission.”
Here is a link to the USCIS website for the H-2A program.
What is the FLAG System?
FLAG, or Foreign Labor Application Gateway, is the Department of Labor’s Office of Foreign Labor Certification’s digital technology implemented earlier this year to modernize the application experience. Here is a link to the H-2A program on FLAG.
New Petitioner Requirements
According to this USCIS press release, as of October 1, 2019, if you petitioned for an H-2A temporary labor certification in FLAG,
“… you must include a printed copy of the electronic one-page final determination of your H-2A temporary labor certification approval when you submit your Form I-129, Petition for a Nonimmigrant Worker to USCIS. We will consider a printed copy of the final determination as your original and valid temporary labor certification. You must also ensure that the DOL Case Number identified on the final determination is the same as the ETA Case Number you provided in Part 5, Item 2, of your Form I-129.” (emphasis added)
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If you or your company have questions about the H-2A program, or need help with rehiring H-2A foreign workers, Christians Law, PLLC is here to help. Tyler Christians is an experienced H-2A attorney and can help you throughout the entire process.
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Christians Law, PLLC is an immigration and criminal defense law firm with offices in Falls Church, VA, and Oklahoma City, OK.