Skip Nav Skip to Search
OESCAbout OESC Office Locations Contact OESC OESC Job Openings OESC Act UI Precedent Manual Policies and Disclaimers
OESC Employees Only
Foreign Labor Certification Program
H-2A Certification for Temporary or Seasonal Agricultural Work
The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.
"Temporary or seasonal nature" means employment performed at certain seasons of the year, usually in relation to the production and/or harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign workers(s) is truly temporary.
Because of the change in rules in the Alien Labor Program, H-2B applications are no longer processed by State Workforce Agencies. The application process is handled entirely between the employer/agent and the Chicago National Processing Center. The employer is to notify the SWA when s/he enters a job order for an H-2B application, but that is all. OESC does not prepare, place or monitor job orders for H-2B applications.
H-2B Certification for Temporary, Non-Agricultural Work
The H-2B nonimmigrant program permits employers to hire foreign workers to come temporarily to the U.S. and perform temporary nonagricultural services or labor on a one-time, seasonal, peakload or intermittent basis. The H-2B visa classification requires intending employer first to apply for a temporary labor certification as to whether qualified U.S. workers are available and whether the alien's employment will adversely affect the wages and working conditions of similarly employed U.S. workers, or a notice that such certification cannot be made, prior to filing an H-2B visa petition with USCIS. There is currently a 66,000 visa cap on the number of foreign workers who may receive initial H-2B status during each government fiscal year (October 1 through September 30).
The applicant must be a U.S. employer with a temporary job opportunity located within the U.S. A job opportunity is considered temporary under the H-2B classification if the employer's need for the duties to be performed is temporary, whether or not the underlying job is permanent or temporary. It is the nature of the employer's need, not the nature of the duties that is controlling.
20 CFR 655 governs the temporary labor certification process. New Regulations went into effect as of January 18, 2009.
Changes to the H-2A Application Process:
Changes to the H-2B Application Process:
For forms, applications and additional information on other types of applications see the U.S. Department of Labor’s website at www.foreignlaborcert.doleta.gov
How to contact us:
State of Oklahoma
OK.gov Help Desk | OK.gov Policies | About Oklahoma's Web Portal | Feedback