---
kind: "range"
citation: "20 C.F.R. §§ 655.130–655.132"
title: "20"
from: "655.130"
to: "655.132"
count: 3
url: "https://uscodex.org/cfr/20/655.130..655.132"
---

# §655.130. Application filing requirements.


All employers who desire to hire H-2A foreign agricultural workers must apply for a certification from the Secretary by filing an Application for Temporary Employment Certification with the NPC designated by the OFLC Administrator. This section provides the procedures employers must follow when filing.

- (a) **What to file.**
  - (1) An employer that desires to apply for temporary agricultural labor certification of one or more nonimmigrant workers must file a completed Application for Temporary Employment Certification, all supporting documentation and information required at the time of filing under [§§ 655.131 through 655.137](/cfr/20/655.131..655.137.md), and, unless a specific exemption applies, a copy of Form ETA-790/790A, submitted as set forth in [§ 655.121(a)](/cfr/20/655.121.md?p=a).
  - (2) The Application for Temporary Employment Certification must include the employer's legal name, trade name(s), and a valid FEIN as well as a valid place of business (physical location) in the United States and a means by which it may be contacted by prospective U.S. applicants for employment. For each employer of any H-2A worker sponsored under the Application for Temporary Employment Certification or any worker in corresponding employment, the Application for Temporary Employment Certification must include the identity, location, and contact information of all persons who are the owners of that entity.
  - (3) For each place of employment identified in the job order, the Application for Temporary Employment Certification must include the identity, location, and contact information of all persons and entities, if different than the employer(s), who are the operators of the place of employment, and of all persons who manage or supervise any H-2A worker sponsored under the Application for Temporary Employment Certification or any worker in corresponding employment, regardless of whether those managers or supervisors are employed by the employer or another entity.
  - (4) If the information specified in paragraphs [(a)(2)](#a-2) and [(3)](#a-3) of this section changes during the work contract period, the employer must update its records to reflect the change. The employer must continue to keep this information up to date until the end of the work contract period, including any extensions. The employer must retain the updated information in accordance with [§ 655.167(c)(9)](/cfr/20/655.167.md?p=c-9) and must make this updated information available in the event of a post-certification audit or upon request by the Department. The Department may share the information it receives from employers with any other Federal agency, as appropriate for investigative or enforcement purpose, as set forth in [paragraph (f)](#f) of this section.
- (b) **Timeliness.** A completed Application for Temporary Employment Certification must be filed no less than 45 calendar days before the employer's first date of need.
- (c) **Location and method of filing—**
  - (1) **Electronic filing.** The employer must file the Application for Temporary Employment Certification and all required supporting documentation with the NPC using the electronic method(s) designated by the OFLC Administrator. The NPC will return without review any application submitted using a method other than the designated electronic method(s), unless the employer submits the application in accordance with paragraph [(c)(2)](#c-2) or [(3)](#c-3) of this section.
  - (2) **Filing by mail.** Employers that lack adequate access to electronic filing may file the application by mail. The employer must indicate that it is filing by mail due to lack of adequate access to electronic filing. The OFLC Administrator will identify the address to which such filing must be mailed by public notice(s) and by instructions on DOL's website.
  - (3) **Reasonable accommodation.** Employers who are unable or limited in their ability to use and/or access the electronic Application for Temporary Employment Certification, or any other form or documentation required under this subpart, as a result of a disability may request a reasonable accommodation to enable them to participate in the H-2A program. An employer in need of such an accommodation may contact the NPC in writing to the address designated in a notice published in the Federal Register or 202-513-7350 (this is not a toll-free number), or for individuals with hearing or speech impairments, 1-877-889-5627 (this is the TTY toll-free Federal Information Relay Service number) for assistance in using, accessing, or filing any form or documentation required under this subpart, including the Application for Temporary Employment Certification. All requests for an accommodation should include the employer's name, a detailed description of the accommodation needed, and the preferred method of contact. The NPC will respond to the request for a reasonable accommodation within 10 business days of the date of receipt.
- (d) **Original signature.** The Application for Temporary Employment Certification must contain an electronic (scanned) copy of the original signature of the employer (and that of the employer's authorized attorney or agent if the employer is represented by an attorney or agent) or a verifiable electronic signature method, as directed by the OFLC Administrator. If submitted by mail, the Application for Temporary Employment Certification must bear the original signature of the employer and, if applicable, the employer's authorized attorney or agent.
- (e) **Scope of applications.**
  - (1) Except as otherwise permitted by this subpart, all places of employment on an Application for Temporary Employment Certification must be within a single area of intended employment. Where a job opportunity involves work at multiple places of employment after the workday begins, the Application for Temporary Employment Certification may include places of employment outside of a single area of intended employment only as is necessary to perform the duties specified in the Application for Temporary Employment Certification, and provided that the worker can reasonably return to the worker's residence or the employer-provided housing within the same workday.
  - (2) An employer may file only one Application for Temporary Employment Certification covering the same area of intended employment, period of employment, and occupation or comparable work to be performed.
- (f) **Information dissemination.** Information received in the course of processing Applications for Temporary Employment Certification or in the course of conducting program integrity measures such as audits may be forwarded from OFLC to WHD or any other Federal agency, as appropriate, for investigative or enforcement purposes.

# §655.131. Agricultural association and joint employer filing requirements.

- (a) **Agricultural association filing requirements.** If an agricultural association files an Application for Temporary Employment Certification, in addition to complying with all the assurances, guarantees, and other requirements contained in this subpart and in [part 653](/cfr/20/part653.md), [subpart F](/cfr/20/subpartF.md), of this chapter, the following requirements also apply.
  - (1) The agricultural association must identify in the Application for Temporary Employment Certification for H-2A workers whether it is filing as a sole employer, a joint employer, or an agent. The agricultural association must retain documentation substantiating the employer or agency status of the agricultural association and be prepared to submit such documentation in response to a NOD from the CO prior to issuing a Final Determination, or in the event of an audit or investigation.
  - (2) The agricultural association may file a master application on behalf of its employer-members. The master application is available only when the agricultural association is filing as a joint employer. An agricultural association may submit a master application covering the same occupation or comparable work available with a number of its employer-members in multiple areas of intended employment, as long as the first dates of need for each employer-member named in the Application for Temporary Employment Certification are separated by no more than 14 calendar days and all places of employment are located in no more than two contiguous States. The agricultural association must identify in the Application for Temporary Employment Certification by name, address, total number of workers needed, period of employment, first date of need, and the crops and agricultural work to be performed, each employer-member that will employ H-2A workers.
  - (3) An agricultural association filing a master application as a joint employer may sign the Application for Temporary Employment Certification on behalf of its employer-members. An agricultural association filing as an agent may not sign on behalf of its employer-members but must obtain each employer-member's signature on the Application for Temporary Employment Certification prior to filing.
  - (4) If the application is approved, the agricultural association, as appropriate, will receive a Final Determination certifying the Application for Temporary Employment Certification in accordance with the procedures contained in [§ 655.162](/cfr/20/655.162.md).
- (b) **Joint employer filing requirements.**
  - (1) If an employer files an Application for Temporary Employment Certification on behalf of one or more other employers seeking to jointly employ H-2A workers in the same area of intended employment, in addition to complying with all the assurances, guarantees, and other requirements contained in this subpart and in [part 653](/cfr/20/part653.md), [subpart F](/cfr/20/subpartF.md), of this chapter, the following requirements also apply:
    - (i) The Application for Temporary Employment Certification must identify the name, address, and the crop(s) and agricultural work to be performed for each employer seeking to jointly employ the H-2A workers;
    - (ii) No single joint employer may employ an H-2A worker, or any combination of H-2A workers, for more than a total of 34 hours in any workweek; and
    - (iii) The Application for Temporary Employment Certification must be signed and dated by each joint employer named in the application, in accordance with the procedures contained in [§ 655.130(e)](/cfr/20/655.130.md?p=e). By signing the Application for Temporary Employment Certification, each joint employer named in the application attests to the conditions of employment required of an employer participating in the H-2A program, and assumes full responsibility for the accuracy of the representations made in the Application for Temporary Employment Certification and for compliance with all of the assurances and obligations of an employer in the H-2A program at all times during the period the Application for Temporary Employment Certification is valid; and
  - (2) If the application is approved, the joint employer who submits the Application for Temporary Employment Certification will receive, on behalf of the other joint employers, a Final Determination certifying the Application for Temporary Employment Certification in accordance with the procedures contained in [§ 655.162](/cfr/20/655.162.md).

# §655.132. H-2A labor contractor filing requirements.


An H-2A labor contractor (H-2ALC) must meet all of the requirements of the definition of employer in [§ 655.103(b)](/cfr/20/655.103.md?p=b) and comply with all the assurances, guarantees, and other requirements contained in this part, including [§ 655.135](/cfr/20/655.135.md), and in [part 653](/cfr/20/part653.md), [subpart F](/cfr/20/subpartF.md), of this chapter. The H-2ALC must include in or with its Application for Temporary Employment Certification at the time of filing the following:

- (a) The name and location of each fixed-site agricultural business to which the H-2ALC expects to provide H-2A workers, the expected beginning and ending dates when the H-2ALC will be providing the workers to each fixed site, and a description of the crops and activities the workers are expected to perform at such fixed site.
- (b) A copy of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) Farm Labor Contractor (FLC) Certificate of Registration, if required under MSPA at [29 U.S.C. 1801](/usc/29/1801.md) et seq., identifying the specific farm labor contracting activities the H-2ALC is authorized to perform as an FLC.
- (c) Proof of its ability to discharge financial obligations under the H-2A program by including with the Application for Temporary Employment Certification an original surety bond meeting the following requirements.
  - (1) **Requirements for the bond.** The bond must be payable to the Administrator, Wage and Hour Division, United States Department of Labor, 200 Constitution Avenue NW, Room S-3502, Washington, DC 20210. Consistent with the enforcement procedure set forth at [29 CFR 501.9(b)](/cfr/29/501.9.md?p=b), the bond must obligate the surety to pay any sums to the WHD Administrator for wages and benefits, including any assessment of interest, owed to an H-2A worker or to a worker engaged in corresponding employment, or to a U.S. worker improperly rejected or improperly laid off or displaced, based on a final decision finding a violation or violations of this part or [29 CFR part 501](/cfr/29/part501.md) relating to the labor certification the bond is intended to cover. The aggregate liability of the surety shall not exceed the face amount of the bond. The bond must remain in full force and effect for all liabilities incurred during the period of the labor certification, including any extension thereof. The bond may not be cancelled absent a finding by the WHD Administrator that the labor certification has been revoked.
  - (2) **Amount of the bond.** Unless a higher amount is sought by the WHD Administrator pursuant to [29 CFR 501.9(a)](/cfr/29/501.9.md?p=a), the required bond amount is the base amount adjusted to reflect the average AEWR, as defined in [§ 655.103](/cfr/20/655.103.md), and further adjusted if the labor certification will be used for the employment of 150 or more workers.
    - (i) The base amounts are $5,000 for a labor certification for which an H-2ALC employs fewer than 25 workers; $10,000 for a labor certification for which an H-2ALC employs 25 to 49 workers; $20,000 for a labor certification for which an H-2ALC employs 50 to 74 workers; $50,000 for a labor certification for which an H-2ALC employs 75 to 99 workers; and $75,000 for a labor certification for which an H-2ALC employs 100 or more workers.
    - (ii) The bond amount is calculated by multiplying the base amount by the average AEWR in effect at the time of bond submission, as provided in [paragraph (c)(3)](#c-3) of this section, and dividing by $9.25. Thus, the required bond amounts will vary based on changes in the average AEWR.
    - (iii) For a labor certification for which an H-2ALC employs 150 or more workers, the bond amount applicable to the certification of 100 or more workers is further adjusted for each additional 50 workers as follows: the bond amount is increased by a value which represents 2 weeks of wages for 50 workers, calculated using the average AEWR (i.e., 80 hours × 50 workers × Average AEWR); this increase is applied to the bond amount for each additional group of 50 workers.
    - (iv) The required bond amounts shall be calculated and published in the Federal Register after the OFLC Administrator has calculated the average AEWR or any adjustment thereto.
  - (3) **Form of the bond and method of filing.** The bond shall consist of an executed Form ETA-9142A—Appendix B, and must contain the name, address, phone number, and contact person for the surety, and valid documentation of power of attorney. The bond must be filed using the method directed by the OFLC Administrator at the time of filing:
    - (i) **Electronic surety bonds.** When the OFLC Administrator directs the use of electronic surety bonds, this will be the required method of filing bonds for all applications subject to mandatory electronic filing. Consistent with the application filing requirements of § [655.130(c)](/cfr/20/655.130.md?p=c) and [(d)](/cfr/20/655.130.md?p=d), the bond must be completed, signed by the employer and the surety using a verifiable electronic signature method, and submitted electronically with the Application for Temporary Employment Certification and supporting materials unless the employer is permitted to file by mail or a different accommodation under § [655.130(c)(2)](/cfr/20/655.130.md?p=c-2) or [(3)](/cfr/20/655.130.md?p=c-3).
    - (ii) **Electronic submission of copy.** Until such time as the OFLC Administrator directs the use of electronic surety bonds, employers may submit an electronic (scanned) copy of the surety bond with the application, provided that the original bond is received within 30 days of the date that the labor certification is issued.
    - (iii) **Mailing original bond with application.** For applications not subject to mandatory electronic filing due under § [655.130(c)(2)](/cfr/20/655.130.md?p=c-2) or [(3)](/cfr/20/655.130.md?p=c-3), employers may submit the original bond as part of its mailed, paper application package, or consistent with the accommodation provided.
- (d) Copies of the fully-executed work contracts with each fixed-site agricultural business identified under [paragraph (a)](#a) of this section.
- (e) Where the fixed-site agricultural business will provide housing or transportation to the workers, proof that:
  - (1) All housing used by workers and owned, operated, or secured by the fixed-site agricultural business complies with the applicable standards as set forth in [§ 655.122(d)](/cfr/20/655.122.md?p=d) and certified by the SWA and that the fixed-site agricultural business has agreed to comply with the requirements at [§ 655.135(n)](/cfr/20/655.135.md?p=n); and
  - (2) All transportation between all places of employment and the workers' living quarters that is provided by the fixed-site agricultural business complies with all applicable local, State, or Federal laws and regulations and must provide, at a minimum, the same vehicle safety standards, driver licensure, and vehicle insurance as required under 29 U.S.C. [1841](/usc/29/1841.md) and [29](/usc/29/29.md) CFR 500.104 or 500.105 and 500.120 through 500.128, except where workers' compensation is used to cover such transportation as described in [§ 655.122(h)](/cfr/20/655.122.md?p=h).