H-2A Program and the Northern Triangle – Resources
We want to share with you resources and information that you may find helpful as you look to the Northern Triangle for H-2 workers.
U.S. Department of Homeland Security Fact Sheet:
- DHS Agreements with Guatemala, Honduras and El Salvador: Agreements Fact Sheet.pdf (dhs.gov)
Tools and Resources from USCIS:
- For basic program information, including eligibility criteria, how to file, forms, and fees, please visit the USCIS website at: Explore my options – H-2A, H-2B, and H-3 Visa
- For detailed information on the H-2A program, please visit the USCIS website at: USCIS H-2A webpage
Tools and Resources from the Department of Labor Office of Foreign Labor Certification (OFLC):
- For more information on the H-2A program and the temporary labor certification process, including application forms, general instructions, requirements on how and when to apply, frequently asked questions, factsheets, and webinar recordings, please visit the DOL OFLC website at: https://www.dol.gov/agencies/eta/foreign-labor/programs/h-2a
- A 40-minute educational video that provides a more detailed briefing on the DOL temporary labor certification process, application filing requirements, and work guarantees is available on the Department’s Youtube Channel at https://youtu.be/jO6vFqT4vvk
- DOL OFLC offers full electronic processing services through the FLAG system where employers can create and manage accounts, file applications, and receive all notices and temporary labor certification determinations electronically. For more information on the FLAG system and access to instructional videos and tutorials, how to set up accounts today, and resolve any technical programs, please visit the FLAG system at https://flag.dol.gov/.
- Wage and Hour Division (Enforcement, Rights and Responsibilities)
- Wage and Hour Fact Sheet #26 provides general information about agricultural employers’ contractual obligations when using the H-2A program. https://www.dol.gov/agencies/whd/fact-sheets/26-H2A
- Wage and Hour’s H-2A Workers’ Rights Cards provide broad information (in English and Spanish) about some of the protections available to workers employed under H-2A job orders. https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/H2AEnglish.pdf and https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/H2ASpanish.pdf
- Wage and Hour’s Cultivating Compliance Guide for Agricultural Employers offers a broad overview of the requirements of several employment-related laws with which certain agricultural employers must comply, including the H-2A labor provisions. https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/AgGuideEnglish.pdf
- Wage and Hour’s Employee Rights Under the H-2A Program notice must be posted by each employer using the H-2A program. It provides an overview of the provisions protecting workers employed under H-2A job orders. https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/WHD1491Eng_H2A.pdf https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/WHD1491Span_H2A.pdf
Tools and Resources from the Department of State (Consular Affairs)
- For information geared to visa applicants on all temporary worker programs, including H-2A, please visit the State Department website at:https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
USAID Contact Information (Email):
USAID has an email address to provide assistance with in-country processes: email@example.com. Employers should use this email when they want to be connected with Northern Triangle Ministry officials to be matched with workers, or they are encountering in-country problems or delays. USAID will work with the Ministries to troubleshoot and resolve difficulties.
If you or your team have questions about workforce, labor and/or immigration please reach out to John Hollay firstname.lastname@example.org or 703.927.4655 (c)