Agricultural - H2A
The H-2A work visa 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.
Kentucky will process approximately 1174 contracts and serve more than 860 farmers and more than 7,360 guest workers. For more information, contact Jeff Gatewood at 502-782-3079 or
Jeff.Gatewood@ky.gov
H-2A Temporary Agricultural Program Activities
Stakeholder Education and Outreach: As part of comprehensive education and outreach plan, the SWA will make available in a conspicuous location on the state agency website the following:
Information on how employers may attach H-2A applications to Agricultural Clearance Orders through the Agricultural Recruitment System for U.S. workers, such as easy-to- understand instructions on how to prepare and submit the Form ETA-790 Agricultural and Food Processing Clearance Order, request a pre-occupancy inspection of housing for farmworkers (if applicable), and the current contact information for employers to request technical assistance from the state agency.
Worker rights information created by the SWA or as provided below that covers at minimum the following information:
Information educating employers about the responsibilities associated with the use of foreign labor recruiters and ban on prohibited fees.
Non-Agricultural - H2B
The Kentucky 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 Career Development Office, in connection with the U.S. Department of Labor’s Office of Foreign Labor Certification, is employer driven and is designed to assist in meeting employment needs. The employer must test the labor market and attempt to recruit U.S. workers through advertisement and Focus Talent job orders with the Kentucky Career Center.
H-2B Temporary Nonagricultural Program Activities
Stakeholder Education and Outreach: As part of a comprehensive education and outreach plan, the SWA should make available in a conspicuous location on the state agency website the following resources, such as:
Information on how employers can participate in the H-2B program, for example, easy- to-understand instructions on how to prepare and submit a job order; a copy of the SWA job order form that is accessible and can be completed electronically; and current contact information within the SWA for employers to request technical assistance.
Worker rights information developed by the SWA or as provided below that covers at minimum the following information:
Information educating employers about the responsibilities associated with the use of foreign labor recruiters and ban on prohibited fees.
Permanent
Information regarding PERMANENT Labor Certification may be obtained at the following websites:
For PERMANENT JOB orders only
Go to Kentucky’s Employer Access, and submit one online. 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.
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:
Permanent,
H-1B, H-1C,
H2-A,
H-2B,
D-1.
Please go to Department of Labor’s Foreign Labor Certification website for more information, forms and instructions to get started. Immigration Issues: Visit the Bureau for Citizenship and Immigration Services website at
www.uscis.gov.
For prevailing wage requests, go to:
www.foreignlaborcert.doleta.gov/pwscreens.cfm. For complaints regarding the provision of services for agriculture job seekers or businesses, contact the state monitor advocate:
Jeff Gatewood
500 Mero St 4SE
Frankfort, KY 40621
Phone: 502-782-3079
Jeff.Gatewood@ky.gov