Official State of Rhode Island website

State of Rhode Island Department of Labor and Training

Foreign Labor Certification

The purpose of foreign labor certification programs is to ensure that the employment of foreign workers in the United States, either on a permanent or temporary basis, does not have any negative impact on the job opportunities, wages, or working conditions of American workers.

H-2A Program

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. This allows a U.S. employer to hire foreign workers on a temporary basis to perform agricultural work (H-2A) when there are not sufficient U.S. workers available.

The general guidelines below will help you understand whether you are eligible to participate in the H-2A Program. 

  • You must be an employer with a place of business physically located in the United States, possess a valid Federal Employer Identification Number (FEIN); and have the ability to hire, pay, fire, supervise, or otherwise control the work of the workers you employ.
  • The work to be performed must consist of agricultural labor or services, such as the planting, raising, cultivating, harvesting, or production of any agricultural or horticultural commodity;
  • The work must be full-time, at least 35 hours (or more) per work week; and,
  • The need for the work must be seasonal or temporary in nature and tied to a certain time of the year by a recurring event or pattern, such as an annual growing cycle, normally lasting 10 months or less.

Step 1: File for an H-2A visa application with the Foreign Labor Application Gateway (FLAG)   

Follow the instructions to create an account. Once the account is created with the FLAG system, file an ETA 790 form and upload all attachments to FLAG between 60 and 75 days before the date of the expected need for foreign workers. Upon receipt of your application, the National Processing Center (NPC) will transmit an electronic copy of the Job Order to the State Workforce Agency (SWA) serving the area of intended employment.  

Step 2: Create a Profile with the State Workforce Agency (SWA) using www.EmployRI.org.

The employer is required to create an account (if one doesn’t already exist) with the Department of Labor & Training’s (DLT) job website, EmployRI.org, in order to review the ETA 790 form. If you have an account and you forgot your username and password, please visit the Login Information Page. 

DLT’s Employer Engagement Team will then review your ETA 790 form and create a Job Order based on the information provided with your application. Temporary Labor Certifications are generally issued no later than 30 calendar days before the first date of need identified in your application. The SWA will review the job order in EmployRI.org and communicate with the employer on any needed corrections, and initiate recruitment of U.S. workers. Once everything has been approved by the State Workforce Agency, all decisions, information, and contact will come from DOL, with a determination from CNPC.

Step 3: Conduct Recruitment for U.S. Workers: The recruitment of U.S. workers will be conducted by the employer and includes where and when to advertise, what content the advertisements must contain, and how to prepare your recruitment report. Recruitment begins on the date you receive the Notice of Acceptance from the Office of Foreign Labor Certification until you complete the recruitment steps.

Step 4: Approval and Housing Inspection: After approval by DLTs and the Employer Engagement Team, DLT will email a copy of the certified ETA 790 form. At this point, DLT will request to conduct a housing inspection at the location where the foreign workers will be housed. The housing inspection must be completed 32 days before the date of the expected need for workers. 

Step 5: Please note that DLT will perform two, unannounced field visits during the term of employment to ensure worker conditions are in compliance with H-2A regulations.

  • As the employer, you will be advised by DOL on advertising requirements for U.S. workers. Once everything has been approved by the State Workforce Agency (SWA), all future decisions will come from DOL.
  • Employers can also contact the nearest comprehensive American Job Center (AJC) servicing the area of employment by email or other electronic means. They can request staff assistance in advertising and recruiting qualified U.S. workers and provide the AJC with job order information.
  • The SWA will electronically disseminate to employers who routinely use the H2-A program tips or best practices on preparing job orders, related laws that may impact the job order, while continuing to attend conferences related to the H2-A program.
  • You will be asked to participate in a Prevailing Wage Survey and a separate Prevailing Program Practice Survey.

If you have any questions, need technical assistance, or would like to know more about the H-2A program, please don’t hesitate to email the RI Department of Labor & Training (DLT) at dlt.esu@dlt.ri.gov

As an employee, it's not your responsibility to handle the foreign labor certification process, but it's helpful to have an understanding of the different programs and services available to you.

To file a complaint, please email: h2bcomplaints.chicago@dol.gov 

If you have any questions or are interested in our services, please contact one of our American Job / Career Centers, located in West Warwick, Providence, Woonsocket

H-2B Program

The H2-B “Temporary” Non-agricultural program permits U.S. employers with possession of a valid Federal Employer Identification Number (FEIN), physically located in the United States, to hire nonimmigrant workers to come to the U.S. and perform non-agricultural work, which may be a one-time, seasonal peak load or intermittent.

The cases should be filed at least 60 days, but no more than 120 days before the worker is needed, to allow for processing delays and correction of the application.

There is a national limit of 66,000 per year on the number of foreign workers who may receive H-2B status during each fiscal year (October to September).

The employers’ job opportunities must be:

  • Temporary (9 months or less, except one-time occurrences)
  • Full-time (35 or more hours per week)
  • Non-agricultural employment

Step 1: Employer and or Legal Agent registers with the Foreign Labor Application Gateway (FLAG) @ (https://www.uscis.gov/i-129 ) system 120-150 days before the hiring need is required, and submits the H-2B job order with the Rhode Island State Workforce Agency (SWA) at www.EmployRI.org.

Step 2: A Prevailing Wage Determination (PWD) at least 60 calendar days before the Date of Need @ https://dlt.ri.gov/regulation-and-safety/prevailing-wage with the application and the State Workforce Agency (SWA) reviews for deficiencies to see if corrections are needed. 

Step 3: Employers/Agents create an account using our self-serve system at www.EmployRI.org after receiving a PWD and has registered with FLAG. For instructions on creating a job order, please visit www.EmployRI.org and follow the instructions on how to post a job order. If you need any further assistance or information to create the Job Order, please email our Employer Engagement Team at dlt.esu@dlt.ri.gov 

Step 4: Filing through the FLAG system, use the link https://flag.dol.gov/programs/h-2b

Step 5: Upon filing your job order, you may be contacted by RI DLT to assist with the job order created in www.EmployRI.org. Once everything has been approved by the SWA, all decisions, information, and contact will come from DOL.

Step 6: Once a determination has been completed by the Chicago National Processing Center (CNPC), a Determination Notice will be sent to the RI SWA and to the employer. If the employer receives a Notice of Acceptance, the job order will go live on EmployRI.org, followed by the official Certification from the CNPC. 

For questions, please email the RI SWA at DLT.ESU@DLT.RI.GOV or the CNPC at TLC.chicago@dol.gov including the case number in all correspondences.

  • The SWA will electronically disseminate to employers who routinely use the H2-B program tips or best practices on preparing job orders, related laws that may impact the job order, while continuing to attend conferences related to the H2-B program.
  • Employers can also contact the nearest comprehensive American Job Center (AJC) servicing the area of employment by email or other electronic means. They can request staff assistance in advertising and recruiting qualified U.S. workers and provide the AJC with job order information.

As an employee, it's not your responsibility to handle the foreign labor certification process, but it's helpful to understand the different programs and services available to you. 

H-2B classification status may be extended in increments of up to 1 year with a maximum period of 3 years. For more information on the H-2B program, please visit US H-2B Program