Foreign Labor Certification

If you anticipate a shortage of U.S. workers to perform agricultural or temporary/seasonal work, you may be eligible to receive help through the H-2A Temporary Labor Certification Program. Basically, this allows a U.S. employer to hire foreign workers on a temporary basis to perform agricultural work when there are not sufficient U.S. workers available. 

Get Started

File the ETA 790 form to the State Workforce Agency between 60 and 75 days before the date of the expected need of workers. Please submit to cdle_flc@state.co.us.

After approval by the Colorado Department of Labor and Employment, submit to U.S. Department of Labor between 45 to 60 days before the date of need preferably online at https://icert.doleta.gov/.

Next Steps

You will be advised by USDOL on advertising requirements for U.S. workers.
The local workforce center representative will contact you to conduct a pre-occupancy housing inspection which must be approved before permission from USDOL is granted to bring in foreign workers, which is usually 32 days before that date of need.

You may find the necessary forms, latest information about other visa programs administered by USDOL and prevailing wage requests at http://www.foreignlaborcert.doleta.gov/.  

Contact Us

Thomas B. Gonzales
cdle_flc@state.co.us
303-318-8831

Workforce Programs – Foreign Labor Certification Unit
Colorado Department of Labor and Employment
633 17th Street Suite 700
Denver, CO 80202-3660

Resources

  • H-2A Employer Guide - An overview of getting certified to bring in foreign labor for agricultural work. 
  • Prevailing Wages - An overview (by USDOL) of the Immigration and Nationality Act (INA), which requires prevailing wages to be used for hiring foreign workers. 
  • H-2B Visas - Information provided by the US Department of Labor (USDOL) on filing a H-2B visa, temporary non-agricultural program.
  • Visa Programs - Foreign Labor Certification announcements and visa information provided by the USDOL website.
  • ETA Form 790 - Agricultural and Food Processing Clearance Order form
  • Farmworker Housing Management Guide - Guide to manage employer provided housing.