C.F.R. » Title 20 » CHAPTER V—EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR › PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES › Subpart B—Labor Certification Process for Temporary Agricultural Employment in the United States (H-2A Workers)

20 C.F.R. § 655.100

Purpose and scope of this subpart

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(a) Purpose. (1) A temporary agricultural labor certification issued under this subpart reflects a determination by the Secretary of Labor (Secretary), pursuant to 8 U.S.C. 1188(a), that:

(i) There are not sufficient able, willing, and qualified United States (U.S.) workers available to perform the agricultural labor or services of a temporary or seasonal nature for which an employer desires to hire temporary foreign workers (H-2A workers); and

(ii) The employment of the H-2A worker(s) will not adversely affect the wages and working conditions of workers in the United States similarly employed.

(2) This subpart describes the process by which the Department of Labor (Department or DOL) makes such a determination and certifies its determination to the Department of Homeland Security (DHS).

(b) Scope. This subpart sets forth the procedures governing the labor certification process for the temporary employment of foreign workers in the H-2A nonimmigrant classification, as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(a). It also establishes standards and obligations with respect to the terms and conditions of the temporary agricultural labor certification with which H-2A employers must comply, as well as the rights and obligations of H-2A workers and workers in corresponding employment. Additionally, this subpart sets forth integrity measures for ensuring employers' continued compliance with the terms and conditions of the temporary agricultural labor certification.

Notes of Decisions
Cited in 23 cases (4 in the last 5 years), 1989–2025 · leading case: Gaudencio Garcia-Celestino v. Consol. Citrus Ltd. P'ship, 843 F.3d 1276 (11th Cir. 2016).
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Gaudencio Garcia-Celestino v. Consol. Citrus Ltd. P'ship, 843 F.3d 1276 (11th Cir. 2016). · cites it 6× “term “employer” was defined to mean “a person, firm, corporation or other association or organization which suffers or permits a person to work .”
De Luna-Guerrero v. North Carolina Grower's Ass'n, Inc., 338 F. Supp. 2d 649 (E.D.N.C. 2004). · cites it 2× “20 C.F.R. § 655.100 et seq. Workers admitted on H2A visas may only fill the jobs described in the sponsoring employer’s approved Clearance Order.”
Centeno-Bernuy v. Becker Farms, 564 F. Supp. 2d 166 (W.D.N.Y. 2008). · cites it 2× “§ 1188 and 20 C.F.R. § 655.100 et seq., which are commonly referred to as the Wagner-Peyser Act.”
Jorge-Chavelas v. La. Farm Bureau Cas. Ins. Co., 307 F. Supp. 3d 535 (M.D. La. 2018). “and the regulations promulgated pursuant thereto, 20 C.F.R. 655.100, et seq. 4 Defendant Harang Sugars is a Louisiana limited liability company whose members are natural persons and citizens of Louisiana.”
Centeno-Bernuy v. Perry, 302 F. Supp. 2d 128 (W.D.N.Y. 2003). “§ 1101 (a)(15)(H)(ii)(a); 20 C.F.R. § 655.100 (b). The H-2A worker is only admitted into the United States to work for a designated employer and for the duration of the certified period of employment, which cannot exceed one year.”
Luc Chery v. Gordon Bowman, Ii, D/B/A Mount Clifton Fruit Co., 901 F.2d 1053 (11th Cir. 1990). “See 20 C.F.R. § 655.100 (b). The local office is responsible for coordinating the recruitment of workers both within the intended area of employment and in other geographic regions.”
Perez-Farias v. Global Horizons, Inc., 668 F.3d 588 (9th Cir. 2011). “§ 1101 (a)(15)(H)(ii)(a); 20 C.F.R. §§ 655.100 to 655.185. Guest workers may not be employed in the United States unless the employer has obtained prior certification from the Department of Labor.”
Jose Ramirez v. Statewide Harvesting & Hauling, LLC, 997 F.3d 1356 (11th Cir. 2021). “See 20 C.F.R. §§ 655.100 et seq. The H-2A program requires a labor contractor to provide workers with housing.”
Vega v. Nourse Farms, Inc., 62 F. Supp. 2d 334 (D. Mass. 1999). · cites it 4× “20 C.F.R. § 655.100 (b). Thereafter, the application will be approved or denied in what is termed a “temporary alien agricultural labor certification determination.”
Salazar-Martinez v. Fowler Bros., Inc., 781 F. Supp. 2d 183 (W.D.N.Y. 2011). · cites it 2× “See 20 C.F.R. 655.100 et seq.; (Martinez Dec.”
Sejour v. Steven Davis Farms, LLC, 28 F. Supp. 3d 1216 (N.D. Fla. 2014). · cites it 2× “§ 201-209 , and the H-2A regulations, 20 C.F.R. § 655.100 et seq. Further, a smaller subset of Plaintiffs comprised of Wislain Wilson Orelus, Jimmy Jean-Louis, Gesner Elta Duverny, St.”
United Farm Workers v. Chao, 593 F. Supp. 2d 166 (D.D.C. 2009). “” 20 C.F.R. § 655.100 (b). The employer’s recruitment efforts should be geographically relevant and meet or exceed the efforts by that employer to recruit H-2A workers.”
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