Foreign Labor Certification

​​​​​​​​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:​

• ​​Employee Rights Under the H-2A Program English Version (PDF)​
  
• Employee Rights Under the H-2A Program Spanish Version (PDF)​
• H-2A Worker Rights Card - English Version (PDF)
  
• H-2A Worker Rights Card - Spanish Version (PDF)
  
• Farm Worker Rights Flyer - English & Spanish Versions (PDF)
  

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:

• Employee Rights Under the H-2B Program Poster (PDF)
  
• ​Spanish Version (PDF)
  
• H-2B Worker Rights and COVID-19 (PDF)
  
• Spanish Version Poster (PDF)​

Information educating employers about the responsibilities associated with the use of foreign labor recruiters and ban on prohibited fees.