Instructions for Form ETA-9142A "H-2a Application for Temporary Employment Certification"

This document contains official instructions for Form ETA-9142A, H-2a Application for Temporary Employment Certification - a form released and collected by the U.S. Department of Labor - Employment & Training Administration.

Instruction Details:

  • This 7-page document is available for download in PDF;
  • Actual and applicable for the current year;
  • Complete, printable, and free.

Download your copy of the instructions by clicking the link below or browse hundreds of other forms in our library of forms released by the U.S. Department of Labor - Employment & Training Administration.

ADVERTISEMENT
ADVERTISEMENT

Download Instructions for Form ETA-9142A "H-2a Application for Temporary Employment Certification"

143 times
Rate (4.6 / 5) 9 votes
OMB Approval: 1205-0466
Expiration Date: 08/31/2022
H-2A Application for Temporary Employment Certification
Form ETA-9142A – General Instructions
U.S. Department of Labor
IMPORTANT: Employers and authorized preparers must read these instructions carefully before completing the Form ETA-
9142A – H-2A Application for Temporary Employment Certification, and all required appendices. These instructions contain full
explanations of the questions and attestations that make up the Form ETA-9142A. If you are not submitting these forms
electronically, please complete ALL required items containing an asterisk ( * ) and any applicable fields/items where a response
is conditionally required, as indicated by the section ( § ) symbol.
Anyone, who knowingly and/or willfully furnishes any false information in the preparation of Form ETA-9142A and any
supplement thereto, or aids, abets, or counsels another to do so is committing a federal offense, punishable by fine or
imprisonment or both (18 U.S.C. §§ 2, 1001). Other penalties apply as well to fraud or misuse of this immigration document and
to perjury with respect to this form (18 U.S.C. §§ 1546, 1621).
Public Burden Statement (1205-0466)
Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number.
Public reporting burden for this collection of information is estimated to average 3.66 hours per response for all H-2A collection
requirements, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing, reviewing, and submitting the collection of information. The obligation to respond to this data collection
is required to obtain/retain benefits (Immigration and Nationality Act, 8 U.S.C. 1101, et seq.). Please send comments regarding
this burden estimate or any other aspect of this information collection to the U.S. Department of Labor, Employment and Training
Administration, Office of Foreign Labor Certification, 200 Constitution Ave., NW, Suite PPII 12-200, Washington, DC, 20210.
Please do not send the completed application to this address.
Section A
Nature of the H-2A Application
1.
Select one of the following options to indicate the type of application being filed for temporary employment certification.
Mark only one box.
 Individual Employer: Select this option if the application is being filed by or on behalf of one employer (non-association).
 Joint Employer: Select this option if the application is being filed by or on behalf of two or more employers (non-
association). Each employer seeking to jointly employ H-2A workers under this application must be identified on the
Form ETA-790A, Addendum B, and separately submit a signed and dated Appendix A.
 Association – Sole Employer: Select this option if the application is being filed by an agricultural association that will be
the sole employer.
 Association – Joint Employer: Select this option if the application is being filed by an agricultural association as a joint
employer with each of the employer-members named on the application (i.e., a “master” application). Each employer-
member seeking to jointly employ H-2A workers with the agricultural association under this application must be identified
on the Form ETA-790A, Addendum B.
 Association – Agent: Select this option if the application is being filed by an agricultural association acting as an agent
(identified in Section D of the application) on behalf of employer-member(s).
Important Note: An agricultural association means any nonprofit or cooperative association of farmers, growers, or ranchers
(including but not limited to processing establishments, canneries, gins, packing sheds, nurseries, or other similar fixed-site
agricultural employers), incorporated or qualified under applicable State law, that recruits, solicits, hires, employs, furnishes,
houses, or transports any worker that is subject to 8 U.S.C. 1188. 20 CFR 655.103. The association must retain
documentation substantiating the employer or agency status of the association and be prepared to submit such
documentation in response to a Notice of Deficiency (NOD) from the Certifying Officer (CO) prior to issuing a final labor
certification decision, or in the event of an audit. 20 CFR 655.131(a).
2.
Select “Yes” or “No” to indicate if the employer requesting certification is operating as an H-2A Labor Contractor (H-2ALC).
Pursuant to 20 CFR 655.103(b), an H-2ALC is defined as any person who meets the definition of employer and is not a
fixed-site employer, an agricultural association, or an employee of a fixed-site employer or agricultural association, as those
terms are defined in 20 CFR 655.103(b), who recruits, solicits, hires, employs, furnishes, houses, or transports any worker
subject to 8 U.S.C. 1188, 29 CFR part 501, or 20 CFR 655, subpart B.
Page 1
OMB Approval: 1205-0466
Expiration Date: 08/31/2022
H-2A Application for Temporary Employment Certification
Form ETA-9142A – General Instructions
U.S. Department of Labor
IMPORTANT: Employers and authorized preparers must read these instructions carefully before completing the Form ETA-
9142A – H-2A Application for Temporary Employment Certification, and all required appendices. These instructions contain full
explanations of the questions and attestations that make up the Form ETA-9142A. If you are not submitting these forms
electronically, please complete ALL required items containing an asterisk ( * ) and any applicable fields/items where a response
is conditionally required, as indicated by the section ( § ) symbol.
Anyone, who knowingly and/or willfully furnishes any false information in the preparation of Form ETA-9142A and any
supplement thereto, or aids, abets, or counsels another to do so is committing a federal offense, punishable by fine or
imprisonment or both (18 U.S.C. §§ 2, 1001). Other penalties apply as well to fraud or misuse of this immigration document and
to perjury with respect to this form (18 U.S.C. §§ 1546, 1621).
Public Burden Statement (1205-0466)
Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number.
Public reporting burden for this collection of information is estimated to average 3.66 hours per response for all H-2A collection
requirements, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing, reviewing, and submitting the collection of information. The obligation to respond to this data collection
is required to obtain/retain benefits (Immigration and Nationality Act, 8 U.S.C. 1101, et seq.). Please send comments regarding
this burden estimate or any other aspect of this information collection to the U.S. Department of Labor, Employment and Training
Administration, Office of Foreign Labor Certification, 200 Constitution Ave., NW, Suite PPII 12-200, Washington, DC, 20210.
Please do not send the completed application to this address.
Section A
Nature of the H-2A Application
1.
Select one of the following options to indicate the type of application being filed for temporary employment certification.
Mark only one box.
 Individual Employer: Select this option if the application is being filed by or on behalf of one employer (non-association).
 Joint Employer: Select this option if the application is being filed by or on behalf of two or more employers (non-
association). Each employer seeking to jointly employ H-2A workers under this application must be identified on the
Form ETA-790A, Addendum B, and separately submit a signed and dated Appendix A.
 Association – Sole Employer: Select this option if the application is being filed by an agricultural association that will be
the sole employer.
 Association – Joint Employer: Select this option if the application is being filed by an agricultural association as a joint
employer with each of the employer-members named on the application (i.e., a “master” application). Each employer-
member seeking to jointly employ H-2A workers with the agricultural association under this application must be identified
on the Form ETA-790A, Addendum B.
 Association – Agent: Select this option if the application is being filed by an agricultural association acting as an agent
(identified in Section D of the application) on behalf of employer-member(s).
Important Note: An agricultural association means any nonprofit or cooperative association of farmers, growers, or ranchers
(including but not limited to processing establishments, canneries, gins, packing sheds, nurseries, or other similar fixed-site
agricultural employers), incorporated or qualified under applicable State law, that recruits, solicits, hires, employs, furnishes,
houses, or transports any worker that is subject to 8 U.S.C. 1188. 20 CFR 655.103. The association must retain
documentation substantiating the employer or agency status of the association and be prepared to submit such
documentation in response to a Notice of Deficiency (NOD) from the Certifying Officer (CO) prior to issuing a final labor
certification decision, or in the event of an audit. 20 CFR 655.131(a).
2.
Select “Yes” or “No” to indicate if the employer requesting certification is operating as an H-2A Labor Contractor (H-2ALC).
Pursuant to 20 CFR 655.103(b), an H-2ALC is defined as any person who meets the definition of employer and is not a
fixed-site employer, an agricultural association, or an employee of a fixed-site employer or agricultural association, as those
terms are defined in 20 CFR 655.103(b), who recruits, solicits, hires, employs, furnishes, houses, or transports any worker
subject to 8 U.S.C. 1188, 29 CFR part 501, or 20 CFR 655, subpart B.
Page 1
OMB Approval: 1205-0466
Expiration Date: 08/31/2022
H-2A Application for Temporary Employment Certification
Form ETA-9142A – General Instructions
U.S. Department of Labor
3.
Select one of the following options to indicate the nature of the employer’s temporary need for the services or labor to be
performed. Only one standard of temporary need may be selected.
 SEASONAL – Select this option where the employer’s need for agricultural services or labor is tied to a certain time of
the year by an event or pattern, such as a short annual growing cycle or a specific aspect of a longer cycle, requiring
labor levels far above those necessary for ongoing operations. 20 CFR 655.103(d).
 OTHER TEMPORARY NEED – Select this option where the employer’s need for agricultural services or labor IS NOT
seasonal and is expected to last no longer than 1 year, except in extraordinary circumstances. 20 CFR 655.103(d).
4.
Select “Yes” or “No” to indicate whether a statement explaining how the employer’s need for the agricultural services or
labor to be performed is temporary in nature is attached to the application. If submitted, the employer’s statement must
explain (a) the nature of the employer’s business or operations, (b) why the job opportunity and number of workers being
requested for certification reflect a temporary need, and (c) how the employer’s request for the services or labor to be
performed meets the seasonal need standard or otherwise qualifies as temporary. If the nature of the employer’s need
changes, is unclear, and/or requires further explanation beyond the information on the forms and statement, if submitted,
the CO will issue a NOD requesting additional explanation or supporting documentation.
Important Note: If the employer is filing the application electronically and marks “YES,” the electronic filing system will
require the employer to upload an electronic document or statement demonstrating temporary need in order for the
application to be submitted for processing.
5.
If the application is submitted less than 45 days before the employer’s date of need, select “Yes” or “No” to indicate
whether the employer’s application is being filed with a request to waive the regulatory time period due to an emergency
situation. Pursuant to 20 CFR 655.134(a), the CO may waive the time period for filing for employers who did not make use
of temporary alien agricultural workers during the prior year's agricultural season or for any employer that has other good
and substantial cause (which may include unforeseen changes in market conditions), provided that the CO has sufficient
time to test the domestic labor market on an expedited basis to make the determinations required by 20 CFR 655.100.
Important Note: A request for waiver of the time period for filing requires the employer to concurrently submit to the CO
and the State Workforce Agency (SWA) serving the area of intended employment: a completed Form ETA-9142A; a
completed job order, i.e., Form ETA-790A; and a statement justifying the request for waiver of the time period requirement.
See 20 CFR 655.134.
6.
FOR EMERGENCY SITUATIONS: If the employer marked “Yes” to Question A.5 indicating that the application IS being
filed due to an emergency situation, please select “Yes” or “No” to indicate whether a statement justifying the employer’s
emergency situation is attached to the application.
Important Note: Pursuant to 20 CFR 655.134(b), an employer must submit, at the time of filing, a statement justifying the
request for a waiver of the time period requirement. The statement must indicate whether the waiver request is due to the
fact that the employer did not use H-2A workers during the prior agricultural season or whether the request is for good and
substantial cause. If the waiver is requested for good and substantial cause, the employer's statement must also include
detailed information describing the good and substantial cause which has necessitated the waiver request. Good and
substantial cause may include, but is not limited to, the substantial loss of U.S. workers due to weather-related activities or
other reasons, unforeseen events affecting the work activities to be performed, pandemic health issues, or similar
conditions.
FOR NON-EMERGENCY SITUATIONS: If the employer marked “No” to Question A.5 indicating that this application IS
NOT being filed due to an emergency situation, please mark “N/A.”
Section B
Employer Information
Important Note: Enter the full name of the individual employer, partnership, or corporation and all other required information in
this section. If the response to Question A.1 is either marked “JOINT EMPLOYER” or “ASSOCIATION – AGENT” filing for two
or more employer-members who together will be joint employers, please enter information for the joint employer who will be the
main or primary point of contact for the joint employers in the section below and then use Form ETA-790A, Addendum B to
identify all other joint employers under this application. If the response to Question A.1 is marked “ASSOCIATION – JOINT
EMPLOYER,” the agricultural association must complete the section below and then use Form ETA-790A, Addendum B to
identify all employer-members who will be in joint employment with the agricultural association under this application.
Page 2
OMB Approval: 1205-0466
Expiration Date: 08/31/2022
H-2A Application for Temporary Employment Certification
Form ETA-9142A – General Instructions
U.S. Department of Labor
1.
Enter the full legal name of the business, person, association, firm, corporation, or organization, i.e., the employer filing this
application. The employer’s full legal name is the exact name of the individual, corporation, LLC, partnership, or other
organization that is reported to the Internal Revenue Service (IRS).
2.
Enter the full trade name or “Doing Business As” (DBA) name, if applicable, of the business, person, association, firm,
corporation, or organization (i.e., the employer filing this application). Do not include “DBA” in front of the full trade name
entered or after the full legal name entered in Item B.1.
3.
Enter the street address of the employer’s principal place of business. The place of business must be a physical location
and not a Post Office (P.O.) Box.
4.
If additional space is needed for the street address, use this line to complete the employer’s street address. If no additional
space if needed, enter “N/A.”
5.
Enter the city of the employer’s principal place of business.
6.
Enter the state of the employer’s principal place of business.
7.
Enter the postal (zip) code of the employer’s principal place of business.
8.
Enter the country of the employer’s principal place of business.
9.
Enter the province of the employer’s principal place of business, if applicable. Enter “N/A” if not applicable.
10. Enter the area code and telephone number for the employer’s principal place of business. Include country code, if outside
the United States.
11. Enter the extension of the telephone number for the employer’s principal place of business, if applicable. Enter “N/A” if not
applicable.
12. Enter the nine-digit Federal Employer identification Number (FEIN) as assigned by the IRS. Do not enter a social security
number.
Note: All employers, including private households, MUST obtain an FEIN from the IRS before completing this application.
Information on obtaining an FEIN can be found at www.IRS.gov.
13. Enter the four-digit North American Industry Classification System (NAICS) code that most closely corresponds to the
employer’s primary economic or business activity, not the specific job opportunity being requested for temporary
employment certification. For example, an employer primarily engaged in a combination of apple, citrus, and berry
farming, would select NAICS Code “1113.” The first two digits identifies the major economic sector (e.g., 11 – Agriculture,
Forestry, Fishing and Hunting); the third digit identifies the subsector (e.g., 1 – Crop Production); and the fourth digit
identifies the industry group (e.g., 3 – Fruit and Tree Nut Farming). Additional information concerning the NAICS can be
found at http://www.census.gov/epcd/www/naics.html.
Section C
Employer Point of Contact Information
An employer point of contact is an employee of the employer whose position authorizes the employee to provide information and
supporting documentation concerning this H-2A Application for Temporary Employment Certification and to communicate with
the Department of Labor on behalf of the employer. The employer point of contact should be the individual most familiar with the
content of this application and circumstances of the foreign worker’s employment.
Note: The employer point of contact information in this Section, specifically the name, telephone number, and email address,
must be different from the attorney/agent information listed in Section D, unless the person in Section D is an employee of the
employer.
1.
Enter the last (family) name of the employer’s point of contact.
2.
Enter the first (given) name of the employer’s point of contact.
3.
Enter the middle name of the employer’s point of contact, if applicable. Enter “N/A” if not applicable.
4.
Enter the job title of the employer's point of contact.
5.
Enter the business street address of the employer’s point of contact.
Page 3
OMB Approval: 1205-0466
Expiration Date: 08/31/2022
H-2A Application for Temporary Employment Certification
Form ETA-9142A – General Instructions
U.S. Department of Labor
6.
If additional space is needed for the street address, use this line to complete the street address. If no additional space is
needed, enter “N/A.”
7.
Enter the city of the employer's point of contact. If the city and country are the same, the name must still be entered in both
fields.
8.
Enter the State, District, or Territory of the employer's point of contact.
9.
Enter the postal (zip) code of the employer's point of contact.
10. Enter the country of the employer's point of contact. If the city and country are the same, the name must still be entered in
both fields.
11. Enter the province of the employer's point of contact, if applicable. Enter “N/A” if not applicable.
12. Enter the area code and business telephone number of the employer's point of contact. Include country code, if the point of
contact is located outside the United States.
13. Enter the extension of the telephone number of the employer's point of contact, if applicable. Enter “N/A” if not applicable.
14. Enter the business email address of the employer's point of contact in the format name@emailaddress.top-leveldomain.
The email entered in this field must be the same as the one regularly used by the employer’s point of contact for its business
operations and capable of sending and receiving electronic communications from the Department with respect to the
processing of this application. If the employer’s point of contact does not possess a business email address, please enter
“N/A.”
Section D
Attorney or Agent Information (if applicable)
Important Note: The attorney/agent information in this Section, specifically the name, telephone number, and email address,
must be different from the employer’s point of contact information in Section C, unless the person in Section D is an employee of
the employer.
1.
Identify whether the employer is represented by an attorney or agent in the process of filing this application. Only mark one
box.
Note If “Attorney” or “Agent” is selected, complete the remainder of Section D. If “None” is selected, skip questions 2 to 21
in this section and continue to Section E.
2.
Enter the last (family) name of the attorney/agent.
3.
Enter the first (given) name of the attorney/agent.
4.
Enter the middle name of the attorney/agent. If the attorney/agent does not have a middle name, enter “N/A.”
5.
Enter the street address of the attorney/agent.
6.
If additional space is needed for the street address, use this line to complete the attorney/agent’s street address. If no
additional space is needed, enter “N/A.”
7.
Enter the city of the attorney/agent. If the city and country are the same, the name must still be entered in both fields.
8.
Enter the State, District, or Territory of the attorney/agent.
9.
Enter the postal (zip) code of the attorney/agent.
10. Enter the country of the attorney/agent. If the city and country are the same, the name must still be entered in both fields.
11. Enter the province of the attorney/agent, if applicable. Enter “N/A” if not applicable.
12. Enter the area code and telephone number of the attorney/agent. Include country code, if located outside the United States.
13. Enter the extension of the telephone number of the attorney/agent, if applicable. Enter “N/A” if not applicable.
14. Enter the business e-mail address of the attorney/agent in the format name@emailaddress.top-leveldomain. The email
entered in this field must be the one regularly used by the attorney/agent’s point of contact to send and receive electronic
Page 4
OMB Approval: 1205-0466
Expiration Date: 08/31/2022
H-2A Application for Temporary Employment Certification
Form ETA-9142A – General Instructions
U.S. Department of Labor
communications from the Department with respect to the processing of this application. If the attorney/agent’s point of
contact does not possess a business email address, please enter “N/A.”
15. Enter the attorney/agent’s law firm or business name.
16. Enter the attorney/agent's law firm or business nine-digit FEIN as assigned by the IRS.
Questions 17 through 19 in this section must be answered when “Attorney” is selected in response to question D.1.
17. Enter the attorney's state Bar number. If the attorney is licensed in more than one state, enter only one state Bar number. If
submitting this form electronically and the attorney is licensed in a state which does not issue state Bar numbers, leave the
field blank and once confirmed it will be automatically pre-populated with “N/A.”
Note: The answers to questions 18 and 19 below should correspond to the same state for which a Bar number was
provided in question 17, if any.
18. Enter the state of the highest court where the attorney is in good standing.
19. Enter the name of the highest court in the state where the attorney is in good standing.
Questions 20 and 21 in this section must be answered when “Agent” is selected in response to question D.1.
20. Mark “Yes” or “No” to indicate whether the employer is submitting a copy of the agent agreement or other documentation
demonstrating the agent’s authority to represent the employer. See 20 CFR 655.133(a).
21. Mark “Yes” or “No” to indicate whether a copy of the current Migrant and Seasonal Agricultural Worker Protection Act
(MSPA) Certificate of Registration identifying the farm labor contracting activities the agent is authorized to perform is
attached to this application, as required by 20 CFR 655.133(b). If the agent is not performing any activities related to this
application that require the agent to obtain a MSPA FLC Certificate of Registration, mark “N/A”.
Section E
Job Opportunity & Supporting Documentation
1.
Enter the six- or eight-digit Standard Occupational Classification (SOC)/Occupational Network (O*NET) code for the
occupation, which most clearly describes the work to be performed. For example, the eight-digit SOC code for a fruit or
vegetable harvester or orchard worker is 45-2092.02 (Farmworkers and Laborers, Crop). The entry in this field should be
the same as the SOC/O*NET code entered by the SWA on the Form ETA-790, if available.
2.
Enter the occupational title associated with the SOC/O*NET (OES) code. For example, the occupational title associated
with SOC/O*NET code 45-2092.02 is “Farmworkers and Laborers, Crop.” The entry in this field should be the same as
the SOC/O*NET code entered by the SWA on the Form ETA-790, if available.
3.
Mark “Yes” or “No” to indicate whether the employer is submitting a copy of the completed job order (Form ETA-790A)
with this application. Reminder: The job order must satisfy all requirements listed at 20 CFR 653, subpart F, and 20 CFR
655.122.
Joint Employer or Association – Joint Employer only
If this is an Individual Employer, Association--Sole Employer, or Association-Agent application, skip question 4.
4.
If “Joint Employer” or “Association – Joint Employer” in Section A, question 1, mark “Yes” or “No” to indicate whether the job
order (Form ETA-790A) identifies the name and address of each employer that will employ workers related to this
application, total number of workers each employer needs, and the crops and agricultural work of each employer.
H-2ALC only
If the employer is not operating as an H-2ALC related to this application, skip questions 5 to 9 and continue to
Section F.
5.
If “Yes” in Section A, question 2, indicating the employer is operating as an H-2ALC related to this application, mark “Yes” or
“No” to indicate whether the job order (Form ETA-790A) identifies the name(s) and location(s) of each fixed-site agricultural
business where the worker(s) will perform labor or services, the expected beginning and end dates of work, and a
description of the crops and activities the worker(s) will perform.
6.
If “Yes” in Section A, question 2, indicating the employer is operating as an H-2ALC related to this application, mark “Yes” or
“No” to indicate whether the employer is submitting with this application a copy of fully-executed work contract(s) with each
Page 5
Page of 7