H-2A Temporary Agricultural Labor Certification Program Existing Forms

U.S. DEPARTMENT OF LABOR

iCERT VISA PORTAL SYSTEM
QUICK START GUIDE
H-2A APPLICATION FILING:
DOCUMENTS UPLOAD
FUNCTION (ENHANCEMENT)

Prepared by
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
200 Constitution Ave., NW
Washington, DC 20210

Office of Foreign Labor Certification

INTRODUCTION
Background
An employer seeking temporary labor certification under the H-2A or H-2B visa programs must submit an
application and all required supporting documentation to the Office of Foreign Labor Certification (OFLC)
either electronically using the iCERT System accessible at http://icert.doleta.gov or by U.S. mail. In
circumstances where the application is filed using the traditional paper-based method, the OFLC staff
manually enters the data and information contained on the paper application into the iCERT System’s
internal case management system for processing in a similar manner as those filed electronically.
Since 2013, the iCERT System has permitted employers or, if applicable, their authorized attorneys or
agents to submit H-2A and H-2B applications online, electronically upload supporting documentation, and
receive all communications during the processing of their applications via electronic mail (e-mail).
OFLC’s experience is that the submission of all required documentation, at the time of filing the
application, facilitates a more efficient and consistent review of the employer’s application, and reduces
the incidence of the OFLC Certifying Officer returning the incomplete application without further review or
issuing a Notice of Deficiency to request missing documentation.
The purpose of this Quick Start Guide is to help employers or, if applicable, their authorized attorneys or
agents understand how to navigate the enhanced document upload function for preparing H-2A
applications for temporary labor certification. This guide is not intended to replace other detailed iCERT
User Guides that may be found under the “User Guides” tab of the main iCERT System Homepage.

Purpose and Benefits
In an effort to provide better customer service and ensure more complete H-2A applications are submitted
for review, OFLC has released a new enhancement to the iCERT System’s H-2A application filing module
that will help employers or, if applicable, their authorized attorneys or agents identify and upload all
required documentation supporting their applications. These new system enhancements provide easy-tounderstand steps and instructions that customers will complete in order to submit more complete
applications for processing. We believe this enhancement will serve to clarify regulatory filing
requirements and improve the quality and consistency of H-2A applications received for processing. The
major features of this new enhancement include the following:
Feature

Description

Step 1: Emergency
Situations

Identifies whether the H-2A application is for an emergency situation
and dynamically requires that a statement or other documents
justifying the emergency be uploaded.

Step 2: Determining H-2A
Labor Contractor Status

Identifies whether the application is filed by or on behalf of an H-2A
Labor Contractor, allowing the employer to choose the correct
answer for whether the application or Job order has location
information OR transportation is needed between the worksite and
living quarters (dynamically requires to upload documents
associated with the chosen answers).

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Feature

Description

Step 3: Supporting
Documentation and
Information Upload

Dynamic document upload function that identifies the required
documents needed in order for the pending H-2A application to be
submitted for processing.

User Interactivity and
Related Material Retrieval

Permits employers to upload one or more supporting documentation
and easy-to-view mandatory “checklist” feature to ensure all
minimum document types have been uploaded.

H-2A APPLICATION FILING: ENHANCED ‘DOC’ UPLOAD STEP
The enhanced electronic document upload function (i.e., Step 11) of the H-2A Electronic Application
Filing module is designed to help employers or, if applicable, their authorized attorneys or agents
understand how to navigate the new documents upload function for preparing H-2A applications for
temporary labor certification. This section highlights the key features of this new enhancement and how
authorized iCERT Account Users interact with the functions.

Creating a New Form ETA-9142A
For more detailed information related to preparing an electronic Form ETA-9142A Application for
Temporary Employment Certification, please consult the H-2A External User Guide available on the
ICERT System Homepage. Authorized iCERT Account Users will perform the following basic steps to the
final step of the H-2A application preparation process (i.e., Step 11 Document Upload):

1. Navigate to the iCERT Public Home Page located at https://icert.doleta.gov and Log in using your
account credentials
2. Navigate to the Portfolio Summary page by selecting the H-2A Visa Classification tab
3. Initiate an H-2A application by selecting the Begin New Form ETA-9142A button
4. Navigate Steps 2 – 10 and enter all required information for each section of the Form 9142A
5. Navigate to Step 11 and the ‘Doc” Upload function

Document Upload (Case prep Step 11)
Upon reaching case prep Step 11, the system will display a series of the 3 final sub-step questions that
will help you provide the minimally required information and documentation needed to submit your
pending H-2A application for processing (see Figure 1 below).

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Figure 1. Step 11 ‘Doc’

Application Documents Step 1: EMERGENCY SITUATION
For the pending H-2A application, the system will require the iCERT Account User to select from a
“Yes or No” radial button indicating whether the filing is based on an emergency situation. The
default value for this field is set to “No”.

Figure 2. Step 1: Emergency Situation
Under 20 CFR 655.134, the OFLC Certifying Officer (CO) may waive the time period(s) for filing the
Form ETA-9142A for employers that have good and substantial cause, provided that the CO has
sufficient time to thoroughly test the domestic labor market on an expedited basis and to make a
final determination. Good and substantial cause may include but is not limited to: the substantial
loss of U.S. workers due to an Act of God, or a similar unforeseeable man-made catastrophic event
(such as an oil spill or controlled flooding) that is wholly outside the employer’s control,
unforeseeable changes in market conditions, or pandemic health issues.

Application Documents Step 2: DETERMINING H-2A LABOR CONTRACTOR
STATUS
On question 1, if the employer operates as an H-2A Labor Contractor (Item C.17 on the Form ETA9142A is marked “H-2A Labor Contractor or Job Contractor”, the default selection is ‘Yes’ radio

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button, allowing them to select answers for subsequent questions (see Figure 3 below). The user
can change the default selection based on the circumstances of the application (e.g., Agricultural
Association filing for a member who is an H-2A Labor Contractor can change the selection from
‘No” to ‘Yes’).

Figure 3. Step 2: Determining H-2A Labor Contractor
However, if the employer DOES NOT operate as an H-2A Labor Contractor, the default selection is
‘No’ radio button for question 1, and subsequent questions defaulted to ‘N/A’ indicating employer
that no further mandatory documents are required to upload (see Figure 4 below). Again, the user
can change the default selection based on the circumstances of the application.

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Office of Foreign Labor Certification

Figure 4. Default selection when employer is not an H-2A Labor Contractor

IMPORTANT NOTES FOR STEP 2:
Following documents are required to upload based on the selections on questions 1-3, in addition
to documents associated with Step 1 EMERGENCY SITUATION.
On Question 1: H-2A Labor Contractor
 If selection is ‘Yes’, the following documents will be mandatory to upload
H-2ALC ONLY – Surety Bond
H-2ALC ONLY – Work Contracts with Fixed-Site Agricultural Businesses

o
o


If selection is ‘No’, no additional mandatory documents to display

On Question 2: Fixed-Site Agricultural Businesses
 If selection is ‘Yes’, no additional mandatory documents to display


If selection is ‘N/A’, no additional mandatory documents to display



If selection is ‘No’, following documents will be mandatory to upload
o

H-2ALC ONLY – Documentation of Fixed-Site Agricultural Businesses

On Question 3: Fixed-Site Agricultural Businesses Providing Transportation


If selection is ‘Yes’, the following documents will be mandatory to upload
o

H-2ALC ONLY – Fixed-Site Agricultural Business Transportation Documentation



If selection is ‘No’, no additional mandatory documents to display



If selection is ‘N/A’, no additional mandatory documents to display

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Office of Foreign Labor Certification

Application Documents STEP 3: SUPPORTING DOCUMENTATION AND
INFORMATION
Except as noted in this section and once you have completed Steps 1 and 2, you are ready to
electronically upload any other documentation and information to support your H-2A application.
Depending on the type and circumstances of your application, the iCERT System will provide a
dynamic “checklist” of minimally required documentation in order for the iCERT Account User to
click the Submit Form ETA-9142A button.
NOTE: See the quick reference tables at the end of this document to aid in to identifying the
minimum mandatory documentation.

Figure 5. Step 3: Supporting Documentation and Information
1. Once you reach Step 3, review the types of documents listed on the ‘List of Mandatory
Documents’ table. The system will initially display a red “X” beside each mandatory document
type indicating that the system has not yet received an electronic upload (See Figure 6 below).

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Figure 6. Mandatory Documents List table
2. To upload a document, please select a document types from the Document Type dropdown
function.
3. Then, select the Browse button, locate your file in either .pdf, .txt, or .doc/.docx format, and then
select the file from your local/network desktop.
4. Click the Upload button to upload the file to the attached documents table (note: file attachment
to the case is not complete until you fully Submit the H-2A application for processing).
5. (OPTIONAL) The system allows you to remove or delete any erroneous files by selecting a
checkmark next to the filename in question, then click the Delete Selected Attachments button
(see Figure 6 below).



6. For each document uploaded, the system will display a green “ ” beside each mandatory
document type indicating that the system has temporarily received an electronic document
associated with the pending H-2A application (See Figure 7 below).

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Figure 7. Document Upload Feature
7. Once you have uploaded all the minimum mandatory documents, please make sure that you
have uploaded all other documentation supporting your application. These are considered
optional at the time of filing, but we strongly encourage you to submit them in order to avoid
receiving a NOD. There are a couple of examples in which additional documentation must be
submitted with your H-2A application:
a. Agent Agreement: If the application is being filed on behalf of an employer by an agent,
please use the document upload function to provide a copy of a valid agent agreement or
other document demonstrating the agent’s authority to represent the employer.
b. MSPA Certificate of Registration: If applicable, where the employer and/or agent is
required under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) to
have a Certificate of Registration, please use the document upload function to provide a
current copy of the certificate which identifies the specific farm labor contracting activities
that the agent is authorized to perform.
Note: A list of missing documents will be presented on the pre-submission page in the event
mandatory documents were not already uploaded.

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Figure 8. Pre-Sub page
8. After all electronic documents have been uploaded, you can select the Next button to navigate to
the Pre-submission page.
9. Once you have reviewed your entire application package for accuracy, please select the Submit
Form ETA-9142A button to submit the application for processing.

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Office of Foreign Labor Certification

Quick Reference Tables
The following tables can be used to identify the minimum mandatory documentation that must be
uploaded in order to submit your pending H-2A application for processing. All documents
requiring a signature and date must be scanned and uploaded in Adobe PDF format.
EMPLOYER OR ASSOCIATION
(Form ETA-9142A, Section C, Field 17 = “Individual Employer”, “Association – Sole Employer”,
“Ässociation – Joint Employer”, “Association – Filing as Agent”)
Emergency
Situation

Minimum Required
Documents to Upload

NO




Copy of Signed/Dated Form ETA-9142A, Appendix A
Copy of Job Order Placed with SWA

YES





Copy of Signed/Dated Form ETA-9142A, Appendix A
Copy of Job Order Placed with SWA
Emergency Filing – Waiver Request Documentation

H-2A LABOR CONTRACTOR EMPLOYER
(Form ETA-9142A, Section C, Field 17 = “H-2A Labor Contractor or Job Contractor”)
Emergency
Situation

Minimum Required
Documents to Upload



Copy of Signed/Dated Form ETA-9142A, Appendix A
Copy of Job Order Placed with SWA

Additional Documentation (depending on responses to online questions)
NO

YES






H-2ALC ONLY – Surety Bond
H-2ALC ONLY – Work Contracts with Fixed-Site Agricultural Businesses
H-2ALC ONLY – Documentation of Fixed-Site Agricultural Businesses
H-2ALC ONLY – Fixed-Site Agricultural Business Transportation Documentation





Copy of Signed/Dated Form ETA-9142B, Appendix B
Copy of Job Order Placed with SWA
Emergency Filing – Waiver Request Documentation

Additional Documentation (depending on responses to online questions)





H-2ALC ONLY – Surety Bond
H-2ALC ONLY – Work Contracts with Fixed-Site Agricultural Businesses
H-2ALC ONLY – Documentation of Fixed-Site Agricultural Businesses
H-2ALC ONLY – Fixed-Site Agricultural Business Transportation Documentation

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