The employer's need for a worker must be of a seasonal or other temporary basis. A seasonal basis is the kind exclusively performed at certain seasons or periods of the year and which, from its nature, may be continuous or carried on throughout the year. A temporary basis is for a limited time only or is contemplated for a particular piece of work, usually of a short duration.
Employers are advised to file requests for H-2A certifications at least 45 days before the certification is needed. Conversely, SWA’s have been instructed to return H-2A certification applications filed more than 120 days before the worker is needed.