DOL OFLC, H-2A_Record_Layout_FY2024.pdf

U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification Public Disclosure File: Federal Fiscal Year: Reporting Period: H-2A, Forms ETA-9142A and ETA-790A 2024 October 1, 2023 through September 30, 2024 Important Note: This public disclosure file contains administrative data from agricultural businesses’ H-2A Applications, as provided by the employer or representative, for Temporary Employment Certification (Forms ETA-9142A and ETA-790A) and the final determinations issued by the Department’s Office of Foreign Labor Certification (OFLC), Employment and Training Administration (ETA), during the reporting period above. As of September 12, 2024, two different sets of H-2A forms are being used depending on whether the Farmworker Protection Final Rule has been implemented and not subject to a federal court injunction. For any application that is not a party to the Kansas v. DOL litigation, as explained in OFLC’s September 10, 2024, announcement, field descriptions will refer to “v2” as the form version, while any application that IS a party to the Kansas v. DOL litigation will refer to “v3” as the form version. FIELD DESCRIPTION CASE_NUMBER CASE_STATUS Unique identifier assigned to each application submitted for processing to OFLC.

Status associated with the last significant event or decision. Valid values include “Determination Issued – Certification”, “Determination Issued – Certification (Expired)”, “Determination Issued – Denied”, “Determination Issued – Partial Certification”, “Determination Issued – Partial Certification (Expired)”, “Determination Issued – Withdrawn”. RECEIVED_DATE Date the application was received at OFLC. DECISION_DATE TYPE_OF_EMPLOYER_APPLICATION AG_ASSN_OR_AGENCY_STATUS H2A_LABOR_CONTRACTOR NATURE_OF_TEMPORARY_NEED EMERGENCY_FILING EMPLOYER_NAME TRADE_NAME_DBA Date on which the last significant event or determination was issued by OFLC.

Refers to the filing status of the application. Values include “Individual Employer” and “Joint Employer”. Form ETA-9142A, Section A, Item 1. Refers to whether the filer is an Agricultural Association Employer or Agency Status.

Values include "Association - Sole Employer", "Association - Joint Employer", or "Association - Agent". Form ETA-9142A, Section A, Item 1a. Y = Employer is defined as an H-2A Labor Contractor (H-2ALC); N = Employer is not an H-2ALC. Form ETA-9142A, Section A, Item 2.

Values include "Seasonal" or “Other Temporary Need". Form ETA-9142A, Section A, Item 3. Y = Employer is requesting to waive the regulatory time period of filing due to an emergency situation; N = waiver is not being requested. Form ETA- 9142A, Section A, Item 5.

Legal business name of the employer requesting temporary labor certification. Form ETA-9142A, Section B, Item 1. Trade name or “Doing Business As” (DBA) name, if applicable. Form ETA- 9142A, Section B, Item 2.

PREV_TRADE_NAME_DBA_1 Previous trade name or “Doing Business As” (DBA) name, if applicable. Form ETA-9142A v3, Section B, Item 3. FIELD DESCRIPTION PREV_TRADE_NAME_DBA_2 Other previous trade name or “Doing Business As” (DBA) name, if applicable. Form ETA-9142A v3, Section B, Item 4.

EMPLOYER_ADDRESS_1 EMPLOYER_ADDRESS_2 EMPLOYER_CITY EMPLOYER_STATE EMPLOYER_POSTAL_CODE EMPLOYER_COUNTRY EMPLOYER_PROVINCE EMPLOYER_PHONE EMPLOYER_PHONE_EXT EMPLOYER_FEIN NAICS_CODE EMPLOYER_POC_LAST_NAME EMPLOYER_POC_FIRST_NAME EMPLOYER_POC_MIDDLE_NAME EMPLOYER_POC_JOB_TITLE EMPLOYER_POC_ADDRESS1 EMPLOYER_POC_ADDRESS2 EMPLOYER_POC_CITY EMPLOYER_POC_STATE EMPLOYER_POC_POSTAL_CODE Contact information of the Employer requesting temporary labor certification. Form ETA-9142A v2, Section B, Items 3 through 11. Form ETA-9142A v3, Section B, Items 5 through 13. Federal Employer Identification Number (FEIN from IRS).

Form ETA-9142A v2, Section B, Item 12. Form ETA-9142A v3, Section B, Item 14. Industry code associated with the employer requesting temporary labor certification, as classified by the North American Industrial Classification System (NAICS). Form ETA-9142A v2, Section B, Item 13.

Form ETA-9142A v3, Section B, Item 15. Employer Point of Contact Name. Form ETA-9142A Section C, Items 1 through 4. Contact information of the Employer Point of Contact requesting temporary employment certification.

Form ETA-9142A, Section C, Items 5 through 14. FIELD DESCRIPTION EMPLOYER_POC_COUNTRY EMPLOYER_POC_PROVINCE EMPLOYER_POC_PHONE EMPLOYER_POC_PHONE_EXT EMPLOYER_POC_EMAIL TYPE_OF_REPRESENTATION Valid values include “Attorney”, or “Agent”. If blank, employer is not a being represented by an Attorney or Agent. Form ETA-9142A, Section D, Item 1.

ATTORNEY_AGENT_LAST_NAME ATTORNEY_AGENT_FIRST_NAME Name of Attorney or Agent representing Employer requesting a temporary labor certification. Form ETA-9142A, Section D, Items 2 through 4. ATTORNEY_AGENT_MIDDLE_NAME ATTORNEY_AGENT_ADDRESS_1 ATTORNEY_AGENT_ADDRESS_2 ATTORNEY_AGENT_CITY ATTORNEY_AGENT_STATE ATTORNEY_AGENT_POSTAL_CODE Contact information of the Attorney/Agent representing the Employer requesting temporary labor certification. Form ETA-9142A, Section D, Items 5 through 13.

ATTORNEY_AGENT_COUNTRY ATTORNEY_AGENT_PROVINCE ATTORNEY_AGENT_PHONE ATTORNEY_AGENT_PHONE_EXT ATTORNEY_AGENT_EMAIL Attorney or Agent’s law firm or business Email address. Form ETA-9142A, Section D, Item 14. LAWFIRM_NAME_BUSINESS_NAME Name of the Law Firm or Business filing an H-2A application on behalf of the employer. Form ETA-9142A, Section D, Item 15.

STATE_OF_HIGHEST_COURT NAME_OF_HIGHEST_STATE_COURT If Representation is defined as “Attorney” the state of the highest court where the attorney is in good standing. Form ETA-9142A, Section D, Item 18. If Representation is defined as “Attorney”, the name of the highest court where the attorney is in good standing. Form ETA-9142A, Section D, Item 19.

FIELD DESCRIPTION SOC_CODE SOC_TITLE APPENDIX_C_ATTACHED 790A_ADDENDUM_B_ATTACHED WORK_CONTRACTS_ATTACHED EMPLOYER_MSPA_ATTACHED SURETY_BOND_ATTACHED HOUSING_TRANSPORTATION USING_AGENT_RECRUITER AGENT_RECRUITER_AGREEMENT_ ATTACHED APPENDIX_D_ATTACHED APPENDIX_A_ATTACHED JOINT_EMPLOYER_APPENDIX_A_ ATTACHED PREPARER_LAST_NAME PREPARER_FIRST_NAME Occupational code associated with the job being requested for temporary labor certification, as classified by the Standard Occupational Classification (SOC) System. Form ETA-9142A, Section E, Item 1. Occupational title associated with the SOC/O*NET Code. Form ETA-9142A, Section E, Item 2.

Indicates that a completed 9142A Appendix C form has been attached. Y = Form 9142A Appendix C is attached. Form ETA-9142A v3, Section E, Item 4. If Employer is identified as H-2ALC.

Y = Form ETA-790A Addendum B is attached to the application identifying names and locations of agricultural businesses that will be provided H-2A workers (if applicable); N = ADDENDUM B is not attached to the application (if applicable). Form ETA- 9142A v2, Section E, Item 5. Form ETA-9142A v3, Section E, Item 6. If Employer is identified as H-2ALC, Y = copies of full-executed work contracts for each agricultural business attached to the application; N = work contracts are not attached to the application.

Form ETA-9142A v2, Section E, Item 6. Form ETA-9142A v3, Section E, Item 7. If Employer is identified as H-2ALC, Y = A copy of the MSPA is attached to the application; N = a copy of the MSPA is not attached to the applications; N/A = not applicable. Form ETA-9142A v2, Section E, Item 7.

Form ETA- 9142A v3, Section E, Item 8. If Employer is identified as H-2ALC, Y = Surety Bond is attached to this applications; N = surety bond is not attached to this applications. Form ETA- 9142A v2, Section E, Item 8. Form ETA-9142A v3, Section E, Item 9.

If Employer is identified as H-2ALC, Y = Employers will provide workers with housing and/or transportation; N = housing or transportation will not be provided. Form ETA-9142A v2, Section E, Item 9. Form ETA-9142A v3, Section E, Item 10. Indicates whether an Employer is engaging or planning to engage any agent(s) or recruiter(s) in the recruitment process.

Y = Employer is engaging or planning to engage, N = Employer is not engaging or planning to engage. Form ETA-9142A v3, Section E, Item 11. If Employer is engaging or planning to engage any agent(s) or recruiter(s) in the recruitment process, indicates whether agreements are attached. Y = Agreements are attached, N/A = Not applicable.

Form ETA-9142A v3, Section E, Item 11a. If Employer is engaging or planning to engage any agent(s) or recruiter(s) in the recruitment process, indicates whether a completed Appendix D is attached. Y = Appendix D attached, N/A = Not applicable. Form ETA-9142A v3, Section E, Item 11b.

Y = employer read and agrees with all terms and a copy of Appendix A is attached to the application; N = does not read and agree with all terms and a copy of Appendix A is not attached to the application. Form ETA-9142A, Section F, Item 1. If Employer is identified as Join Employer. Y = employer read and agrees with all terms and a copy of Appendix A is attached to the application; N = employer has not read or agreed to all terms and a copy of Appendix A is not attached to the application; N/A = not applicable.

Form ETA-9142A, Section F, Item 2. Name of person preparing the Labor Certification Application on behalf of the employer, if not the employer point-of-contact or Attorney/Agent. Form ETA- 9142A Section G, Items 1 through 6. FIELD DESCRIPTION PREPARER_MIDDLE_INITIAL PREPARER_BUSINESS_NAME PREPARER_EMAIL JOB_ORDER_NUMBER Unique identifier assigned to each Form ETA-790 submitted for processing to the ETA National Processing Center.

JOB_TITLE Title of the agricultural job. Form ETA-790A, Section A, Item 1. TOTAL_WORKERS_NEEDED Total number of US and H-2A full-time workers needed to perform the agricultural services or labor. Form ETA-790A, Section A, Item 2a.

TOTAL_WORKERS_H-2A_REQUESTED Total number of H-2A workers requested by the Employer(s). Form ETA- 790A, Section A, Item 2b. TOTAL_WORKERS_H-2A_CERTIFIED Total number of H-2A workers certified by the ETA National Processing Center. REQUESTED_BEGIN_DATE REQUESTED_END_DATE Requested beginning date of the period of employment.

Form ETA-790A, Section A, Item 3. Requested ending date of the period of employment. Form ETA-790A, Section A, Item 4. EMPLOYMENT_BEGIN_DATE Beginning date of the period of employment for certified applications.

EMPLOYMENT_END_DATE Ending date of the period of employment for certified applications. ON_CALL_REQUIREMENT Y = Job will require worker to be on-call 24 hours a day and 7 days a week; N = Job does not require worker to be on-call. Form ETA-790A, Section A, Item 5. ANTICIPATED_NUMBER_OF_HOURS Total work hours anticipated each week.

Form ETA-790A, Section A, Item 6. SUNDAY_HOURS MONDAY_HOURS TUESDAY_HOURS WEDNESDAY_HOURS THURSDAY_HOURS Total work hours anticipated for Sunday. Form ETA-790A, Section A, Item 6b. Total work hours anticipated for Monday.

Form ETA-790A, Section A, Item 6c. Total work hours anticipated for Tuesday. Form ETA-790A, Section A, Item 6d. Total work hours anticipated for Wednesday.

Form ETA-790A, Section A, Item 6e. Total work hours anticipated for Thursday. Form ETA-790A, Section A, Item 6f. FRIDAY_HOURS Total work hours anticipated for Friday.

Form ETA-790A, Section A, Item 6g. SATURDAY_HOURS Total work hours anticipated for Saturday. Form ETA-790A, Section A, Item 6h. HOURLY_SCHEDULE_BEGIN Proposed Work Schedule Start Time.

Form ETA-790A, Section A, Item 7a. FIELD DESCRIPTION HOURLY_SCHEDULE_END Proposed Work Schedule End Time. Form ETA-790A, Section A, Item 7b. WAGE_OFFER PER Wage paid to workers subject to the temporary labor certification.

Form ETA-790A, Section A, Item 8b. Unit of Pay for wage offer. Valid values are “Hour” or “Month”. Form ETA- 790A, Section A, Item 8c.

PIECE_RATE_OFFER Piece Rate offered (if applicable). Form ETA-790A, Section A, Item 8d. PIECE_RATE_UNIT PIECE_RATE_ADDITIONAL_INFO OVERTIME_PAY 790A_ADDENDUM_A_ATTACHED FREQUENCY_OF_PAY Piece Rate Units or Special Pay (if applicable). Form ETA-790A, Section A, Item 8e.

Additional information on Special Pay/Estimated Hourly Rate (if applicable). Form ETA-790A v3, Section A, Item 8f. Indicates whether overtime pay is available for this job opportunity. Y = Overtime is available, N = Overtime is not available.

Form ETA-790A v3, Section A, Item 8g. Y = Form ETA-790A Addendum A is attached to application identifying name, address, total number of workers needed, and crops for each employer; N = Addendum A is not attached to the application. Form ETA- 790A, Section A, Item 9. Frequency in which the worker will be paid.

Valid values include “Weekly”, “Biweekly”, or “Other”. Form ETA-790A, Section A, Item 10. OTHER_FREQUENCY_OF_PAY “Other” type of Frequency of Pay (if applicable). Form ETA-790A, Section A, Item 10.

DEDUCTIONS_FROM_PAY MIN_STANDARDS EDUCATION_LEVEL WORK_EXPERIENCE_MONTHS States all deduction(s) from pay and if known, the amount(s). Form ETA- 790A v2, Section A. Item 11. Form ETA-790A v3, Section E. Item 4. Indicates whether there are other minimum productivity or performance standards which the employer will require of the worker(s).

Y = There are minimum standards, N = There are no minimum standards. Form ETA-790A v3, Section A, Item 11. The minimum US diploma or degree required by the employer for the position. Variables include "None", "High School/GED", "Associate’s", "Bachelor's", "Master's", "Master’s or Higher”, or "Other Degree (JD, MD, etc.)." Form ETA-790A, Section B, Item 1.

If Work Experience Required, Number of Months Needed. Form ETA-790A, Section B, Item 2. TRAINING_MONTHS If Additional Training Required, Number of Months Needed. Form ETA-790A, Section B, Item 3.

CERTIFICATION_REQUIREMENTS DRIVER_REQUIREMENTS CRIMINAL_BACKGROUND_CHECK Basic Job Requirements (if applicable). Form ETA-790A, Section B, Items 4a through 4k. DRUG_SCREEN LIFTING_REQUIREMENTS FIELD DESCRIPTION LIFTING_AMOUNT EXPOSURE_TO_TEMPERATURES EXTENSIVE_PUSHING_PULLING EXTENSIVE_SITTING_WALKING FREQUENT_STOOPING_BENDING_ OVER REPETITIVE_MOVEMENTS SUPERVISE_OTHER_EMP SUPERVISE_HOW_MANY Y = Worker will supervise other employees; N = Worker will not supervise other employees. Form ETA-790A, Section B, Item 5a.

Number of Employees supervised (if applicable). Form ETA-790A, Section B, Item 5b. ADDITIONAL_JOB_REQUIREMENTS Description of any other qualifications or requirements to perform the agricultural services or labor. Form ETA-790A, Section B. Item 6.

WORKSITE_ADDRESS WORKSITE_CITY WORKSITE_STATE WORKSITE_POSTAL_CODE WORKSITE_COUNTY ADDENDUM_B_WORKSITE_ ATTACHED TOTAL_WORKSITE_RECORDS HOUSING_ADDRESS_LOCATION HOUSING_CITY HOUSING_STATE HOUSING_POSTAL_CODE HOUSING_COUNTY Geographic Information for First Worksite Location. Form ETA-790A, Section C, Items 1 through 5. Completed Addendum B providing information on the places of employment and/or agricultural businesses who will employ workers. Y = Yes, for attached with additional worksites; N = No. Form ETA-790A Section C. Item 7 Total number of row record entries listed on the Form ETA-790A, Addendum B. Section C. (See H-2A Addendum B Place of Employment Record Layout).

Geographic Information for where the housing for workers is located. Form ETA-790A, Section D, Items 1 through 5. FIELD DESCRIPTION TYPE_OF_HOUSING TOTAL_UNITS TOTAL_OCCUPANCY The type of housing that will be provided to workers at the listed housing location. Form ETA-790A, Section D, Item 6.

The total number of housing units available to house workers at the listed housing location. Form ETA-790A, Section D, Item 7. The total occupancy capacity for all of the housing units identified in total units of the listed housing location. Form ETA-790A, Section D, Item 8.

HOUSING_COMPLIANCE_LOCAL Y = the housing units comply with local standards; N = the housing units do not comply with local standards. Form ETA-790A, Section D, Item 9. HOUSING_COMPLIANCE_SWA Y = the housing units comply with SWA standards; N = the housing units do not comply with SWA standards. Form ETA-790A, Section D, Item 9.

HOUSING_COMPLIANCE_STATE Y = the housing units comply with state standards; N = the housing units do not comply with state standards. Form ETA-790A, Section D, Item 9. HOUSING_COMPLIANCE_FEDERAL Y = the housing units comply with federal standards; N = the housing units do not comply with federal standards. Form ETA-790A, Section D, Item 9.

HOUSING_COMPLIANCE_OTHER HOUSING_COMPLIANCE_OTHER_ SPECIFY ADDENDUM_B_HOUSING_ATTACHED TOTAL_HOUSING_RECORDS MEALS_PROVIDED MEALS_CHARGED MEAL_REIMBURSEMENT_MINIMUM MEAL_REIMBURSEMENT_MAXIMUM PHONE_TO_APPLY PHONE_EXT_TO_APPLY EMAIL_TO_APPLY WEBSITE_TO_APPLY ADDENDUM_C_ATTACHED Y = the housing units comply with other standards; N = the housing units do not comply with other standards. Form ETA-790A, Section D, Item 9. Specification if “Other” is selected. Form ETA-790A, Section D, Item 9.

Completed Addendum B providing additional information on housing that will be provided to workers. Y = Yes, for attached with housing information; N/A = Not applicable. Form ETA-790A Section D. Item 11. Total number of row record entries listed on the Form ETA-790A, Addendum B. Section D. (See H-2A Addendum B Housing Information Record Layout).

If meals are provided, whether or not meals will be charged. Valid values include “Will Not” or “Will”. Form ETA-790A v2, Section E, Item 2. Form ETA-790A v3, Section E, Item 1b.

The amount to be charged to worker for meals per day (if applicable). Form ETA-790A v2, Section E, Item 2. Form ETA-790A v3, Section E, Item 1b. During travel, minimum amount employer will pay for or reimburse worker for meals.

Form ETA-790A v2, Section F, Item 3a. Form ETA-790A v3, Section E, Item 3a. During travel, maximum amount employer will pay for or reimburse worker for meals with receipts. Form ETA-790A v2, Section F, Item 3b.

Form ETA- 790A v3, Section E, Item 3b. Telephone number to apply for job opportunity. Form ETA-9142A Section G, Item 2. Telephone number extension to apply for job opportunity.

Form ETA-790A Section G, Item 3. Email address to apply for job opportunity. Form ETA-9142A Section G, Item 4. Website address to apply for job opportunity.

Form ETA-9142A Section G, Item 5. Completed Addendum C providing additional information on material terms, conditions and benefits that will be provided to workers. Y = Yes, for attached with housing information; N = No. Form ETA-790A v2, Section H. Item 1. Form ETA-790A v3, Item E.5.

FIELD DESCRIPTION TOTAL_ADDENDUM_A_ RECORDS The total number of crops or agricultural activities listed in Form ETA 790A, Addendum A, Section A, Item 9. Page 9