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OFLC, Aug. 27, 2019
"OFLC Announces New H-2A Application Forms and Schedule for Electronic Filing in the Foreign Labor Application Gateway System
The Office of Foreign Labor Certification (OFLC) announced changes to the forms and the online filing process for the H-2A temporary agricultural program.
On August 22, 2019, the Office of Management and Budget (OMB) approved revisions for form ETA-9142A, Application for Temporary Employment Certification, and Appendix A, H-2A Assurances and Obligations. This approved package includes a newly designed form ETA-790/790A, H-2A Agricultural Clearance Order, to collect information about the employer’s agricultural job opportunity in an electronically fillable and fileable format, reducing the need for employers to submit "paper-based" job orders to State Workforce Agencies (SWAs).
OMB also approved form ETA-9142A, Final Determination: H-2A Temporary Labor Certification Approval, which allows OFLC to begin issuing H-2A temporary labor certification approvals electronically to employers and, if applicable, their authorized attorneys or agents.
The following schedule outlines when the new and updated forms will be used, as well as the migration from the iCERT to FLAG System.
Electronic Filing Schedule for New H-2A Application Forms
Beginning September 4, 2019 (at 12:00 p.m. Eastern Time):
Transition Schedule for Submitting H-2A Applications in the iCERT and FLAG Systems
Beginning on October 1, 2019 (at 12:00 p.m. Eastern Time):
Beginning on October 16, 2019 (at 12:00 p.m. Eastern Time):
Technical Assistance Materials and Instructional Webinar
OFLC has created instructional videos to help educate the stakeholder community on how to create and manage a FLAG System account and prepare the new H-2A application forms. To obtain more information and view these instructional videos, please visit the H-2A Program page on the FLAG System. The new videos will be posted no later than September 6, 2019.
Additionally, OFLC will host an instructional webinar on Tuesday, September 10, 2019, to provide technical assistance to employers and authorized attorneys or agents on how to prepare the new H-2A application forms using the new FLAG System. Details of the webinars are as follows:
DATE: Tuesday, September 10, 2019, 2:00 p.m. Eastern TimeLINK:https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e360438a293718c2149ac2c825b87ce50Meeting Password: Welcome!68Conference Number: 1-800-369-3357Participant Passcode: 4532103
Please note: Webinar is limited to 1,000 participants."