H-2A Petitioners Must Include Temporary Labor Certification Final Determination with Form I-129

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On Oct. 1, the U.S. Department of Labor (DOL) implemented its new Foreign Labor Application Gateway (FLAG) system for the H-2A temporary agricultural worker program. Starting Oct. 1, employers who file an H-2A application for a temporary labor certification in FLAG will only receive the certification electronically.

If your application for a temporary labor certification was processed in FLAG, you must include a printed copy of the electronic one-page final determination of your H-2A temporary labor certification approval when you submit your Form I-129, Petition for a Nonimmigrant Worker to USCIS. USCIS will consider a printed copy of the final determination as your original and valid temporary labor certification.

You must also ensure that the DOL Case Number identified on the final determination is the same as the ETA Case Number you provide in Part 5, Item 2 of your Form I-129. 

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