Foreign labor certification programs permit U.S. employers to hire foreign workers on a temporary or permanent basis to fill jobs essential to the U.S. economy. Certification may be obtained in cases where it can be demonstrated that there are insufficient qualified U.S. workers available and willing to perform the work at wages that meet or exceed the prevailing wage paid for that occupation in the area of intended employment.

Foreign labor certification programs are designed to assure that the admission of foreign workers into the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages, and working conditions of U.S. workers.

Employment based immigration is a complex process that may involve a number of government agencies within the Federal Department of Labor, the State Department of Labor, the U.S. Citizenship and Immigration Services (CIS) and the Department of State. The Immigration and Nationality Act (INA) (8 U.S.C. 1101 et seq.) regulates the admission of foreign workers into the United States. The INA designates the Attorney General and the Secretary of State as the principal administrators of its provisions.

Types of certifications: Click on the hyperlink for more information

To post an H-2A job order, contact the FLC coordinator

Phone: 775-684-0301

Email: flc@detr.nv.gov

To attach an H-2A application to Agricultural Clearance Orders through the Agricultural Recruitment System for U.S. Workers,
please fill out the form ETA-790
https: //www.dol.gov/agencies/eta/foreign-labor/forms and email it to flc@detr.nv.gov

H-2B Online Job Order Form - Nevada Department of Employment, Training and Rehabilitation (nv.gov)

To post a job related to a PERM Certification, or to post a Agricultural Job order NOT attached to a H-2A application, please contact one of the EmployNV Business Hubs

• U.S. Department of Labor (DOL), Office of Foreign Labor Certification
• Immigration and Nationality Act Amendments of 1986

For additional information about the H-2A or H-2B programs, or to request a pre-occupancy inspection of housing for farmworkers contact us at:

Phone: (775) 684-0301

Email: flc@detr.nv.gov

• Employee Rights Under the H-2A Program WHD1491Eng_H2A.pdf (dol.gov)
• Employee Rights Under the H-2A Program - Spanish WHD1491Span_H2A.pdf (dol.gov)
• H-2A Worker Rights Card H2AEnglish.pdf (dol.gov)
• H-2A Worker Rights Card – Spanish H2ASpanish.pdf (dol.gov)
• Farm Worker Rights Flyer - English and Spanish Version Farm_Worker_Rights_Flyer.pdf (dol.gov)
• Employee Rights Under the H-2B Program Employees Rights Under the H-2B Program (dol.gov)
• Employee Rights Under the H-2B Program – Spanish Employees Rights Under the H-2B Program Spanish (dol.gov)
• H-2B Worker Rights and Covid-19 Employee rights for H-2B workers COVID-19 (dol.gov)
• H-2B Worker Rights and Covid-19 – Spanish TRABAJADORES H-2B Y EL COVID-19 DERECHOS DEL EMPLEADO (dol.gov)