Migrant Seasonal Farmworkers
What makes someone a Migrant Farmworker or Seasonal Farmworker?
- You have been employed primarily in agricultural or farm-fishing labor for one full year
- Your work is frequently marked by periods of unemployment or under-employment
- (Migrant farmworker) Your work requires a residential stay at the job site
- (Seasonal farmworker) Your work does not require a residential stay at the job site
- Low income
Services and Support for Farmworkers:
- Education and training programs, GED attainment
- English as a Second Language classes
- Certifications
- Arkansas Career Readiness Certificate
- Skills assessments
- Job openings and places hiring near you
- Growing industries and occupations
- Resume writing
- Job-search assistance
- Career planning
- Financial literacy information
More Resources for Farmworkers
- Search for temporary or seasonal jobs nationwide online at SeasonalJobs.dol.gov
- MigrantWorker.gov
- Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
- Arkansas Human Development Corporation
- Mexican Consulate in Little Rock
- Farmworkers’ Rights
- H2A/H2B Workers’ Rights
Foreign Labor Certification
CASE STATUS (H2A Foreign Labor Certification)
NOTE: Please do not contact the Department of Agriculture for the status on FLC housing certification. The State Workforce Agency has sole responsibility for reviewing and certifying housing once inspected.
CERTIFICATION TIMELINES
The Office of Employment and Training is committed to assisting Arkansas farms and understands the time frames needed to carry out your activities after certification. We make every effort to either certify your housing or send a Notice of Deficiency 30 days before your first date of need. Once we certify your housing, you (or your agent) will receive an automated email and a copy of the Preoccupancy Certification.
CASE STATUS HOTLINE
If you have not received a Preoccupancy Certification or a Notice of Deficiency by 30 days before your first date of need, you may call 1-800-347-3732 to check on the status of your case.
FLC FAQs
Question: When will my housing be approved?
Answer: By 30 days before your first date of need, your housing should be reviewed, and you should receive either a Preoccupancy Certification or a Notice of Deficiency explaining what you need to do to be certified.
Question: How do I check on the status of my housing?
Answer: So that the FLC team may focus on reviewing applications, we suggest waiting until 30 days before your first date of need. If you haven’t received your certification or a Notice of Deficiency by that date, please call 1-800-347-3732.
Question: What can I do to move my application along?
Answer:
- Make sure you have enough beds for the number of workers requested, and that the beds are assembled and off the floor.
- Make sure you have the correct housing addresses on your application.
- Make sure you have screening on all windows and doors.
- Make sure your housing meets Occupational Health and Safety Administration (OHSA) and Employment and Training Administration (ETA) requirements.
Question: How many applications do you handle each year?
Answer: Last season we certified:
11,215 Worker Capacity
1,432 Housing Inspections
5,709 Bedrooms
About the H-2A Program
The H-2A temporary agricultural program allows 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. Employment of a seasonal nature is tied to a certain time of year by an event or pattern, such as a short annual growing cycle, and requires labor levels above what is necessary for ongoing operations. Employment is of a temporary nature when the need to fill the position with a temporary worker is expected to last no longer than one year (except in extraordinary circumstances.)
Learn more about the H-2A program here:
H-2A Temporary Agricultural Program | U.S. Department of Labor (dol.gov)
Agricultural Clearance Order Form ETA-790, U.S. Department of Labor
Agricultural Clearance Order Form ETA-790 A, U.S. Department of Labor
About the H-2B Program
The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time, such as a one-time occurrence, seasonal need, peak-load need, or intermittent need. The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved H-2B labor certification. The H-2B program also establishes certain recruitment and displacement standards in order to protect similarly employed U.S. workers.
Learn more about the H-2B program here:
Foreign Labor Application Gateway (FLAG)
The U.S. Department of Labor created a newly modernized portal to help U.S. employers find qualified workers while ensuring protections for U.S. and foreign workers. To access the portal, click the link below.
Employee Rights
H-2A Program
Employee Rights under the H-2A Program (English) WHD1491Eng_H2A.pdf (dol.gov)
Employee Rights under the H-2A Program (Spanish) WHD1491Span_H2A.pdf (dol.gov)
H-2A Worker Rights Card (English) H2AEnglish.pdf (dol.gov)
H-2A Worker Rights Card (Spanish) H2ASpanish.pdf (dol.gov)
H-2B Program
Employee Rights under the H-2B Program (English) 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)
Farmworker Rights
Farm_Worker_Rights_Flyer.pdf (dol.gov) (English & Spanish)
Employer
Contact the Migrant Seasonal Farmworker Program
Contact the Arkansas Migrant Seasonal Farmworker Program
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