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Department of Labor and Workforce Development
 
Employment And Training Services

Temporary Agricultural (H-2A) and Non-Agricultural (H-2B) Foreign Labor Certification Requests

Important Updates for H-2A Employers: AEWR Changes, Arbitration Language, and 2022 H-2A Rule Forms

Alert

  1. The Adverse Effect Wage Rate (AEWR) for H-2A non-range occupations for Alaska is $19.52. See the U.S. Department of Labor’s (DOL) AEWR page on flag.dol.gov for more information.

  2. The U.S. DOL’s Office of Foreign Labor Certification (OFLC) has recently reminded State Workforce Agencies (SWAs) to remain vigilant about problematic arbitration language in H-2A job orders, emphasizing that H-2A job orders must not include provisions that:
    • Waive workers’ rights to communicate with government authorities.
    • Require arbitration for disputes involving sexual harassment or sexual assault.

    3. This reminder comes in response to trends observed in recent job order submissions. H-2A employers are urged to review and amend any potentially non-compliant language to ensure their job orders comply with federal guidance.

  3. Following the most recent district court order decisions on the 2024 H-2A rule, employers must submit job orders and applications using 2022 H-2A rule forms as of November 27, 2024. For more details on this update, visit the US D.O.L.'s Foreign Labor Certification Announcements page

https://www.dol.gov/agencies/eta/foreign-labor

General questions should be directed to the Chicago National Processing Center at: tlc.chicago@dol.gov

H-2B Temporary Non-Agricultural Program

See https://flag.dol.gov/programs/h-2b and https://www.dol.gov/agencies/eta/foreign-labor/programs/h-2b for important information about additional requirements, prevailing wage determinations, how, and when to apply for H-2B visa certification.

Information about the process to apply at USCIS after certification is available at https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers .

Submitting Job Orders in Alaska for H-2B Temporary Non-Agricultural Program

  1. Before you apply for certification via the Foreign Labor Application Gateway (FLAG), create the Alaska H-2B State Workforce Agency (SWA) job order in AlaskaJobs or contact the nearest Alaska Job Center for assistance. See H-2B Job Order Instructions and the H-2B Job Order Checklist . The job order will be reviewed by job center staff to ensure that it meets Alaska requirements and will remain On Hold until you receive a Notice of Acceptance from the Chicago National Processing Center (CNPC). Note: Creation of a job order in AlaskaJobs does not submit the job order to the SWA. See step 3 below.
  2. 90 — 75 days prior to the date of need, submit a copy of the staff-reviewed AlaskaJobs SWA job order and H-2B application (Form ETA-9142B and Appendices) with supporting documents to the CNPC via FLAG.
  3. When you submit the application and copy of the AlaskaJobs SWA job order to CNPC, also submit the job order to the SWA by providing the employer name, position, location, and AlaskaJobs job order number to dol.flc@alaska.gov. Alaska FLC program staff will review the job order, respond in FLAG, and open it upon receipt of a Notice of Acceptance from CNPC. Job center staff will refer qualified U.S. applicants to your position until the job order closes and can also show you how to conduct your own recruitment in AlaskaJobs.

H-2A Temporary Agricultural Program

See the https://flag.dol.gov/programs/h-2a and https://www.dol.gov/agencies/eta/foreign-labor/programs/h-2a for important information about additional requirements, how and when to apply for H-2A visa certification. Information about the process to apply at USCIS after certification is available at https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2a-temporary-agricultural-workers .

Submitting Job Orders in Alaska for H-2A Temporary Agricultural Program

  1. 75 — 60 days before your date of need for workers:
    1. Submit ETA Form 790, 790A and all required addenda to the CNPC via the FLAG system . See H-2A Agricultural Clearance Order Form ETA-790A General Instructions for H-2A program-specific requirements.
    2. Create an Alaska H-2A job order via AlaskaJobs or by contacting the nearest Alaska Job Center for assistance. Your job order will be reviewed by job center staff to ensure that it meets Alaska requirements and will remain On Hold in AlaskaJobs until it is opened by FLC staff.
    3. Provide your employer name, position, location, AlaskaJobs job order number, and a written request for a housing inspection to occur no later than 31 days before your date of need to the Alaska SWA at dol.flc@alaska.gov .
  2. Alaska's FLC staff will review your job order, work with you to address necessary changes, coordinate any required housing inspections, and open your approved AlaskaJobs job order for recruitment of U.S. applicants. Job center staff will refer qualified U.S. applicants to your position until the job order closes and can also show you how to conduct your own recruitment in AlaskaJobs.
  3. No less than 45 days before your date of need, submit Form ETA 9142A with appendices via FLAG. CNPC will issue notices to the employer via FLAG.
  4. After acceptance by CNPC, follow instructions in your Notice of Acceptance which could include submitting a recruitment report, proof of housing inspection, and proof of workers' compensation coverage via FLAG by 30 days before your date of need.

COVID-19 Health and Safety Resources for Migrant Seasonal Farmworkers and Agricultural Employers

In an effort to minimize the spread and transmission of COVID-19, the Alaska Dept. of Labor and Workforce Development is providing the following resources to support the health and safety of both migrant and seasonal farmworkers (MSFW), U.S. job seekers and agricultural employers. While this list is not exhaustive, it is meant to inform MSFW's and U.S. job seekers, while encouraging agricultural employers to follow health and safety guidance.