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Labor Certification Under PERM - Frequently Asked Questions


What is an H-2A temporary Labor Certification?

The H-2A Labor Certification 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 agricultural labor or services of a temporary or seasonal nature.


How long is an H-2A temporary Labor Certification valid?

The H-2A certification is valid for up to 364 days. As temporary or seasonal agricultural employment, the work is performed at certain seasons of the year or for a limited time period of less than one year when the employer can show that the need for the foreign worker is truly temporary.

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What constitutes a temporary need for H-2A temporary Labor Certification?

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.


What is the required time frame for filing an H-2A temporary Labor Certification application?

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.

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