Certification Cover Letter (former ETA-9144)

U.S. Department of Labor

Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
11 West Quincy Court
Chicago, IL 60604

Case Number:

RE:
Dear Sir/Madam:
Your application seeking temporary labor certification under the H-2A temporary agricultural
program has been certified. On this office accepted for consideration an
application from you requesting H-2A temporary labor certification for . In accordance with 20 Code of Federal Regulations (CFR) § 655, Subpart B, it has been
determined that a sufficient number of able, willing and qualified U.S. workers have not been
identified as being available at the time and place needed to fill all of the job opportunities for
which certification has been requested and that employment of the H-2A workers will not
adversely affect the wages and working conditions of workers in the United States similarly
employed.
Therefore, the Department grants certification for job opportunities.
You must comply with all assurances, guarantees and other requirements contained in 20 CFR
655, Subpart B and 20 CFR 653, Subpart F.
Upon receipt of this notification, you will need to submit to the U.S. Citizenship and
Immigration Service (USCIS) the I-129 Form that is required in conjunction with an H-2A
application. The employer or its agent or attorney, if applicable, must complete the footer on the
original Appendix A, retain the original Appendix A, and submit a signed copy of Appendix A,
together with the original certified Form ETA-9142A directly to USCIS. The USCIS petition can
be obtained at http://www.uscis.gov.
IMPORTANT NOTE: The employer must sign and date the Form ETA-9142 prior to
submission to USCIS.

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2016 Edition

Enclosed is a bill for fees assessed for the H-2A certification. Non-payment or untimely payment
may be considered a substantial violation subject to the procedures in Departmental regulations
at 20 CFR 655.182.
Important Reminders:

In accordance with Departmental regulations at 20 CFR 655.120(b), if the prevailing
hourly wage or piece rate is adjusted during a work contract, and is higher than the
highest of the AEWR, the prevailing wage, the agreed-upon collective bargaining wage,
or the Federal or State minimum wage, in effect at the time the work is performed, the
employer must pay at least that higher prevailing wage or piece rate upon notice to the
employer by the Department. The Department posts all current prevailing hourly wages
and piece rates to the Department of Labor's Agricultural On-Line Wage Library
(AOWL). You are encouraged to visit the AOWL website at
http://www.foreignlaborcert.doleta.gov/aowl/cfm for the updated wage rates.
For an employer subject to the requirements at 20 CFR 655.200-235, in accordance with
20 CFR 655.211(a), the employer must pay a wage that is at least the highest of the
adverse effect wage rate, the agreed-upon CBA, or the applicable minimum wage rate set
by Federal or State law or judicial action, for each month, or portion thereof, during the
job order period.

You must continue to cooperate with the State Workforce Agency (SWA) by accepting
all referrals of eligible U.S. workers who apply (or on whose behalf an application is
made) for the job opportunity until the end of the recruitment period as set forth in
Departmental regulations at 20 CFR 655.135(d). The end date of your obligation to
consider all referrals under the 50 percent rule is calculated by the SWA based on the
date the H-2A worker departed for the employer’s place of business, which is assumed to
be three days prior to the first date of need. However, if the H-2A worker will not depart
for your place of employment three days prior to the first date of need, Departmental
regulation 20 CFR 655.135(c) requires you to inform the SWA in writing of the new
expected departure date.

You must update and maintain the recruitment report throughout the recruitment period
including the 50 percent period as specified in Departmental regulations at 20 CFR
655.156(b). This supplement to the recruitment report must meet the requirements of
Departmental regulations at 20 CFR 655.156(a)(1)-(4). The employer must sign and date
this supplement to the recruitment report and retain it for a period of no less than three (3)
years. The supplement to the recruitment report must be provided upon request. An
association that fulfills the recruitment requirements its members and is subject to 20
CFR 655.225(e) must maintain a recruitment report containing the information required
by 20 CFR 655.156 for each individual employer-member.

You are also reminded that in accordance with Departmental regulations at 20 CFR
655.122(n), the termination of workers for cause and abandonment of the job by workers
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are to be reported in writing to the Department and to the Department of Homeland
Security (DHS) within two (2) business days of the termination or discovering
abandonment. To make compliance with this requirement simple and fast, the employer
may e-mail the notification directly to the Chicago NPC using [email protected].
Your requests will be handled as expeditiously as possible. Employers without internet
access may also send written notification by facsimile to (312) 886-1688 (ATTN: H-2A
Abandonment and Termination) or U.S. mail to the following address:
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
11 West Quincy Court
Chicago, IL 60604
ATTN: H-2A Abandonment and Termination

In accordance with Departmental regulations at 20 CFR § 655.135(i), employers must
inform H-2A workers of the requirement that they must leave the United States at the end
of the period certified by the Department or separation from the employer, whichever is
earlier, unless the H-2A worker is being sponsored by another subsequent employer.

In accordance with Departmental regulations at 20 CFR § 655.122(q), employers must
provide to H-2A workers no later than the time at which the workers apply for the visa, or
to workers in corresponding employment no later than on the day work commences, a
copy of the work contract between the employer and the workers in a language
understood by the worker as necessary or reasonable. For H-2A workers going from an
H-2A employer to a subsequent H-2A employer, the copy must be provided no later than
the time an offer of employment is made by the subsequent H-2A employer.

In accordance with Departmental regulations at 20 CFR § 655.135(l), employers must
post and maintain in a conspicuous location at the place of employment, a poster
provided by the Secretary of the Department of Labor in English, and to the extent
necessary, any language common to a significant portion of the workers if they are not
fluent in English, which sets out the rights and protections for workers. A copy of the
poster is available at http://www.dol.gov/whd/resources/posters.htm.

Departmental regulations at 20 CFR 655.180 allow the Department to conduct audit
examinations of certified H-2A applications. The applications selected for audit will be
chosen within the sole discretion of the Department. If your certification has been selected
for audit, you are reminded that you must submit the documentation requested in the audit
letter within the specified timeframe. Failure to comply with the audit process may result in a
finding by the Certifying Officer to revoke the labor certification and/or debarment of the
employer from future filings of H-2A temporary labor certification applications.
Additionally, the audit findings and underlying documentation may be provided to the
Department of Homeland Security or another appropriate enforcement agency. Referrals of
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any findings that an employer discouraged an eligible U.S. worker from applying, or failed to
hire, discharged, or otherwise discriminated against an eligible U.S. worker, will be made to
the Department of Justice, Civil Rights Division, Office of Special Counsel for Unfair
Immigration Related Employment Practices.

In accordance with Departmental regulations at 20 CFR § 655.170, employers may request
to extend (by more than two (2) weeks) the period of employment on certified H-2A
applications in writing, to the Chicago NPC. The employer may e-mail the request directly
to the Chicago NPC using the address: [email protected], with the words "H-2A
Extension Request" contained in the subject line of the e-mail. Employers without internet
access may send a written request by facsimile to (312) 886-1688 (ATTN: H-2A Extension
Request) or by U.S. mail to the following address:
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
11 West Quincy Court
Chicago, IL 60604
ATTN: H-2A Extension Request

Requests for changes in the period of employment lasting less than two (2) weeks can be
directly filed with the USCIS.

Sincerely,

OFLC Certifying Officer
Enclosures: Invoice for Certification; ETA Form 9142A
CC: Employer Name (if represented by Agent/Attorney)
State Workforce Agency

ETA-9144
2016 Edition