AGRICULTURAL SERVICES

WorkSource Georgia, powered by the Technical College System of Georgia and the Office of Workforce Development, offers many free services to businesses, including assisting agricultural employers with the recruitment of qualified workers on a temporary, seasonal, or year-round basis. If you are an employer looking to fill permanent positions, visit our WorkSource GA Portal to get registered today. However, agribusinesses looking to recruit workers for temporary or seasonal agricultural work, the Agricultural Recruitment System (ARS) provides the mechanism for filling those positions.

THE AGRICULTURAL RECRUITMENT SYSTEM (ARS)

ARS is a process for handling local, intrastate and interstate agricultural orders through WorkSource Georgia Staff in the local Career Centers. An employer can request to use ARS at any time; however, the employer should consider the time frame workers will be needed for the season. Employers should request workers no later than 10-12 weeks prior to the date of need to provide enough time to go through the entire process (Local, Intrastate, and Interstate recruitment). The Business Services team at WorkSource Georgia offers outreach to agricultural employers and can help connect businesses with the resources necessary to fulfill their workforce needs. This team collaborates with local staff to ensure employers are matched with qualified candidates.

  • Local Job Order – Employer will submit a local job order with local Career Center staff. If housing is provided, it must be inspected and approved by the appropriate agency. However, the intent is recruitment of individuals in the local area only. To start the process, contact the local career center or email recruitmentsupport@worksourcega.org. Employers may also complete the Agriculture Clearance Order ETA-790B form and any addendums (available below) to get started, especially if an employer believes that recruitment will be necessary outside of the local area. Any recruitment outside of the local area will require the completion of the ETA-790B form and any addendums. Staff will monitor recruitment within the local area and move to Intrastate (outside of the local area but within the state) if labor needs are not being met locally.
  • Intrastate Clearance Order – If employers only requested local recruitment but find labor needs are not met through the local order and/or the WorkSource GA office anticipates a shortage of local workers, the job posting may be placed into intrastate clearance.  This allows employers to recruit outside of the local area but recruit only within the state of GA. Employers must complete the ETA-790B and any addendums. Career Center staff may assist with completion of the forms if needed. Email completed forms to recruitmentsupport@worksourcega.org.  When completing forms, the employer must agree to some assurances to participate in the Agricultural Recruitment System process. For the full list of assurances, reference the ETA790B and addendums. Some examples of assurances include:
    • Pay highest rate of pay among state, federal, or prevailing wage.
    • Register with state as a Farm Labor Contractor (if applicable).
    • Provide WorkSource GA Outreach Workers with reasonable access to farm workers.
    • Provide housing for workers unable to return home the same day.
    • Provide or pay transportation costs.

This is reviewed by Georgia’s State Monitor Advocate (SMA) for approval.

  • Interstate Clearance Order – If labor needs are not met statewide, employers are able to request to expand the search for workers in other states where farm workers may be available. This is known as the Interstate Clearance Order, which will be submitted to the U.S. DOL Employment and Training Administration, Regional Office (ETA) for their review. If approved by ETA, WorkSource GA will send the Clearance Order to designated states where qualified workers may be available.  If the potential labor supply state(s) accepts the clearance order, the state workforce agency will actively recruit workers in their area.

REQUESTING NONIMMIGRANT FOREIGN WORKERS FOR LABOR ASSISTANCE

If applicable, employers may request to bring in nonimmigrant foreign workers to the U.S. to perform agricultural labor or services on a temporary or seasonal nature. View WorkSource Georgia’s information on Foreign Labor Certification for more information, as well as U.S. Department of Labor’s (USDOL) Recruitment Requirements under the H-2A Visa Program.

FARM LABOR CONTRACTORS

Employers have the option of hiring a licensed Farm Labor Contractor (FLC) to handle worker recruitment. Employers can search for registered FLCs who recruit or manage workers in your area.

Before performing any “farm labor contracting activities,” farm labor contractors are required to apply to the U.S. Department of Labor for a Certificate of Registration authorizing the applicant to engage in “farm labor contracting activities.”  Individuals employed by farm labor contractors (farm labor contractor employees) to perform such activities on behalf of the contractor are also required to register with the Department. More information can be found on USDOL’s Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration page.

HOUSING

If posting a Clearance Order, no cost or public housing which meets Federal, State, and/or other applicable standards must be available to the specified number of workers being requested on the order. Housing facilities cover workers and family members (if applicable) who are unable to return to their residence on the same day.

Preoccupancy Housing Inspection (H-2A Related and Non-H-2A Related)

A preoccupancy housing inspection is conducted by the WorkSource GA Housing Inspection Team. The housing must meet the minimum standards set forth in the applicable regulations at 20 CFR 654 or 29 CFR 1910.142, as well as any applicable State and local standards. Facilities are assessed in terms of housing sanitation, adequacy of the housing site, shelter availability, water supply, toilet facilities, laundry and bathing provisions, and first-aid set-up. Housing inspections for H-2A related housing are automatically assigned when the Foreign Labor Certification team approves the ETA-790. However, in some instances a pre-housing inspection may be requested in advance. For information on pre-housing inspections, please call the Foreign Labor Certification unit at (770) 202–5689 or submit the Request for Pre-Housing Inspection to foreignlabor_h2a@worksourcega.org. This unit handles H2A related postings and housing inspections for H-2A related and non-H-2A related agriculture clearance orders.

The timelines to request pre-housing inspections are as follows:

  • H-2A Related – A pre-housing inspection may be requested up to 90 days prior to the start date of the future clearance order. WorkSource Georgia will upload the completed housing inspection to the FLAG system and will ensure the housing inspected up to 90 days prior matches the housing on the ETA-790 for the H-2A clearance order.
  • Non-H-2A Related – A housing inspection is required for any clearance order as employers are required to guarantee through the ARS that no-cost public housing will be available. Employers will be provided with the Request for Pre-Housing Inspection at the time of the submission of the ETA-790B and any addendums.

required posters

View the Agribusiness Workplace Poster Requirements Checklist to assist with determining required posters and print directly from USDOL’s Workplace Poster page.

FIELD CHECKS

Field Checks are unannounced appearances by WorkSource Georgia staff and/or other State or Federal staff at agricultural worksites to which an employer has hired an individual that was referred through the intrastate or interstate clearance system. The field check is to ensure that conditions are as stated in the clearance order and that the employer is not violating an employment-related law. Field Checks are to document whether wages, hours, working and housing conditions are provided as specified in the clearance order.  Both employer and employees must be consulted to ensure compliance with the full terms and conditions of employment. This requirement is set forth in the applicable regulations at 20 CFR 653.503.

RESOURCES