Agricultural - H2AThe H-2A work visa program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. to perform labor or services of a temporary or seasonal nature.
For more information, contact:
Jeff Gatewood
Non-Agricultural - H2B
The Kentucky Foreign Labor Certification program allows employers to hire workers temporarily or permanently when there are not sufficient U.S. workers who are able, willing, qualified and available to perform the job. In addition, the program ensures that the employment of the foreign workers will not adversely affect the wages and working conditions of U.S. workers that are similarly employed.
The Career Development Office, in conjunction with the U.S. Department of Labor, work to meet employer needs. The employer must test the labor market and attempt to recruit U.S. workers.
Permanent Labor Certification
Hiring foreign workers for employment in the U.S. normally requires approval from several government agencies. First, employers must seek labor certification through the U.S. Department of Labor (USDOL). Once the application is certified, the employer must petition the U.S. Citizenship and Immigration Services for a visa. Approval by USDOL does not guarantee a visa issuance. The Department of State will issue an immigrant visa number to the foreign worker for U.S. entry. Applicants must also establish that they are admissible to the U.S. under the provisions of the Immigration and Nationality Act.
The foreign labor certification process is the responsibility of the employer, not the employee; however, the employee can benefit from understanding these programs. The actual procedures depend on the nature of the visa being requested: Permanent, H-1B.
Forms
Please go to Department of Labor's Foreign Labor Certification website for more information and for forms and instructions to get started. For immigration issues, visit the Bureau for Citizenship and Immigration Services website at www.uscis.gov.
For prevailing wage requests please visit this link: https://www.dol.gov/agencies/eta/foreign-labor/wages.
For complaints regarding the provision of services for agriculture job seekers or businesses, contact the state monitor advocate Jeff Gatewood at the contact information listed above.