Georgia Foreign Labor Certification Information
WorkSource Georgia provides employers with other U.S. Department of Labor (USDOL) mandated foreign labor certification process services and helps employers complete the related segments of the temporary foreign labor H-2A and H-2B process.
Agricultural – H-2A
The H-2A Foreign Labor Certification program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform labor or services of a temporary or seasonal nature. Employers can view the complete version of the H-2A regulations and a detailed description of how to hire foreign workers at www.dol.gov/agencies/eta/foreign-labor. This site provides answers to frequently asked questions (FAQ), related Internet links, (e.g. an online wage library), and the necessary forms and instructions for submitting an application to the Chicago National Processing Center (CNPC) through the USDOL’s Foreign Labor Application Gateway (FLAG) System.
The H-2A Program requires employers requesting H-2A certification to first attempt to recruit U.S. workers through the ARS, posting your position with the local employment services center. Contact your local WorkSource Georgia office to begin posting your local agricultural order. Wages and working conditions must comply with applicable federal and state employment laws.
To begin the process with USDOL
Has recruitment been attempted through the ARS (Agricultural Recruitment System) by placing a job posting through WorkSource Georgia, as the first step? If so, employers should then pre-file on USDOL’s Foreign Labor Application Gateway (FLAG) System all job orders to be placed in connection with a future Application for Temporary Employment Certification for H-2A workers. If we accept the job order for recruitment, WorkSource Georgia will recruit qualified U.S. workers during 50 percent of the order’s contract period, as required by federal regulations.
Refer to USDOL’s H-2A Foreign Labor Certification for current instructions for submitting your H-2A job order to the U.S. Department of Labor.
When to Pre-File for H-2A in Georgia
WorkSource Georgia can process H-2A agricultural job orders only 60 to 75 calendar days prior to the date workers are needed. The 60-to-75-day pre-filing timeframe is calculated from the date we receive your Agricultural Clearance Order to the beginning date of the anticipated period of employment you specify on the form.
If you do not pre-file with Georgia 60 to 75 days before workers are needed, you can contact the U.S. Department of Labor to inquire about emergency filings.
Review of Pre-filed Job Orders
WorkSource Georgia staff review the Agricultural Clearance Order ETA Form 790 and other submitted documents and will contact the employer for verification of the housing, if required.
After review, WorkSource Georgia staff will notify the employer or employer’s agent of the following outcomes:
- Recruitment – WorkSource Georgia accepted the Agricultural Clearance Order for recruitment and entered the job order into the online labor exchange system WorkSource Georgia, for intrastate recruitment in the area of intended employment. Once the job order is added to the labor exchange system, you are required to accept WorkSource Georgia referrals, or from any other qualified source.
- Housing – WorkSource Georgia staff are required to perform a check of the potential housing of all workers at the site listed on the job posting. The employer will be made aware of whether the housing is certified or any deficiencies that need to be addressed and re-reviewed by staff, prior to recruiting.
- Work Location – WorkSource Georgia staff are required to verify that the farm and work sites exist. The information from the ETA 790 form will be used for the correct contact information.
Filing with the U.S. Department of Labor
Once WorkSource Georgia has approved the employer’s job order for recruitment, the WorkSource Georgia staff will change the application’s status on FLAG to show that the job order has been approved and will notify the employer that we have begun recruitment. The employer may then use the DOL FLAG system to complete and submit their 9142 to DOL.
Filing for Occupations Covered by Special Procedures
If you are submitting an H-2A application for occupations covered by special procedures, refer to the appropriate USDOL Training and Guidance Letter (TEGL) for additional information on wages, working conditions, and other job requirements.
Non-agricultural – H-2B
The H-2B Foreign Labor Certification program allows employers to hire workers temporarily or permanently when there are not sufficient U.S. workers who are able, willing, qualified, and available to perform the job. In addition, the program ensures that the employment of the foreign workers will not adversely affect the wages and working conditions of U.S. workers that are similarly employed.
The employer must attempt to recruit U.S. workers through advertisement on WorkSource Georgia. The program process is clarified by USDOL on H-2B, Temporary Labor Certification for Non-Agriculture Workers. When filing the application with CNPC via USDOL’s Foreign Labor Application Gateway (FLAG) System, a copy of the job posting must be submitted.
To begin with USDOL
Obtain a Prevailing Wage Determination from the National Prevailing Wage Center for the occupation in the area of intended employment by submitting an Application for Prevailing Wage Determination via USDOL’s Foreign Labor Application Gateway (FLAG) System.
Refer to USDOL’s H-2B Foreign Labor Certification for current instructions for submitting your H-2B job order to the Department of Labor.
Note: Employers are prohibited from shifting costs of any kind for any activity related to obtaining the labor certification, such as “the employer’s attorneys’ fees, application fees, or recruitment costs.”
To start the posting process with WorkSource Georgia
- An employer or their Point of Contact must begin the process by creating an account and listing a job order on WorkSource Georgia. Select “H-2B temporary non-agriculture, guest workers” on the job posting under “Foreign Labor Certification” to identify your posting as an H-2B job posting.
- Submit a copy of the posting with your application to CNPC via USDOL’s Foreign Labor Application Gateway (FLAG) System.
- Wait for the approval.
- For all H-2B job postings the status will remain On Hold in your account until the WorkSource Georgia staff receive a Notice of Acceptance Letter from the Chicago National Processing Center (CNPC) through the USDOL’s Foreign Labor Application Gateway (FLAG) System.
- Once approval is received from the CNPC, employers or their agents can now search for qualified job applicants. View self-paced training videos and tutorials in the Learning Center of your WorkSource Georgia account for assistance with using the WorkSource Georgia Portal or contact WorkSource Georgia staff for additional assistance. The job order should remain “open” or left active for the mandatory duration required by the USDOL.
Permanent Labor Certification
Information regarding the process for Permanent Labor Certification may be obtained on the USDOL’s Permanent Labor Certification.
For PERMANENT (PERM) JOB orders only, go to WorkSource Georgia to submit online. Select “mandatory job order being filed in connection with an application to the Department of Labor to employ a foreign worker to work permanently in the United States” on the job posting under “Foreign Labor Certification” to identify your posting as a Permanent Labor Certification job posting.
Hiring foreign workers for employment in the U.S. normally requires approval from several government agencies. First, employers must seek labor certification through the U.S. Department of Labor (USDOL). Once the application is certified, the employer must petition the U.S. Citizenship and Immigration Services for a visa. Approval by USDOL does not guarantee a visa issuance. The Department of State will issue an immigrant visa number to the foreign worker for U.S. entry. Applicants must also establish that they are admissible to the U.S. under the provisions of the Immigration and Nationality Act.
Overview and Worker Rights
The foreign labor certification process is the responsibility of the employer, not the employee; however, the employee can benefit from understanding these programs. The actual procedures depend on the nature of the visa being requested.
Please visit the USDOL’s Foreign Labor Certification for more information and for forms and additional instructions.
Immigration Issues: Visit the Bureau for Citizenship and Immigration Services website at uscis.gov. View WorkSource Georgia’s Employment Services and Employment-Related Law Complaint System for information on how to speak with a complaint specialist or the State Monitor Advocate regarding the provision of services for agricultural job seekers or businesses.
Worker Rights Information:
Protections for U.S. Workers under the H-2A Program (English)
Protections for U.S. Workers Under the H-2A Program (Spanish)
H-2A Worker Rights Card (English)
H-2A Worker Rights Card (Spanish)
Farm Worker Rights Flyer (English & Spanish)
Employee Rights Under the H-2B Program Poster (English)
Employee Rights Under the H-2B Program Poster (Spanish)
Employee Rights – H-2B Workers and COVID-19 (English)
Employee Rights – H-2B Workers and COVID-19 (Spanish)