ETA 790A H-2A Agricultural Clearance Order

OMB Approval: 1205-0466
Expiration Date: XX/XX/XXXX

H-2A Agricultural Clearance Order
Form ETA-790A
U.S. Department of Labor

A. Job Offer Information
1. Job Title *
a. Total

2. Workers
Needed *

b. H-2A Workers

Period of Intended Employment

3. First Date *

4. Last Date *

5. Will this job generally require the worker to be on-call 24 hours a day and 7 days a week? *
If “Yes”, proceed to question 8. If “No”, complete questions 6 and 7 below.
6. Anticipated days and hours of work per week (an entry is required for each box below) *
a. Total Hours

c. Monday

e. Wednesday

g. Friday

b. Sunday

d. Tuesday

f. Thursday

h. Saturday

 Yes  No
7. Hourly Work Schedule *




b. ____ : ____

a. ____ : ____

Temporary Agricultural Services and Wage Offer Information

AM
PM
AM
PM

8a. Job Duties - Description of the specific services or labor to be performed. *
(Please begin response on this form and use Addendum C if additional space is needed.)

8b. Wage Offer *

8c. Per *

$ _____ .___




HOUR
MONTH

8d. Piece Rate Offer § 8e. Piece Rate Units / Estimated Hourly Rate /
Special Pay Information §

$ ______.___

9. Is a completed Addendum A providing additional information on the crops or agricultural activities to be
performed and wage offers attached to this job offer? *
10. Frequency of Pay: *

 Weekly

 Biweekly

 Yes

 N/A

 Other (specify): ___________________________________

11. State all deduction(s) from pay and, if known, the amount(s). *
(Please begin response on this form and use Addendum C if additional space is needed.)

Form ETA-790A
H-2A Case Number: ____________________

FOR DEPARTMENT OF LABOR USE ONLY
Case Status: __________________

Determination Date: _____________

Page 1 of 8
Validity Period: _____________ to _____________

OMB Approval: 1205-0466
Expiration Date: XX/XX/XXXX

H-2A Agricultural Clearance Order
Form ETA-790A
U.S. Department of Labor

B. Minimum Job Qualifications/Requirements
1. Education: minimum U.S. diploma/degree required. *

 None  High School/GED  Associate’s  Bachelor’s  Master's or higher  Other degree (JD, MD, etc.)
2. Work Experience: number of months required.*

3. Training: number of months required. *

4. Basic Job Requirements (check all that apply) §







a.
b.
c.
d.
e.







Certification/license requirements
Driver requirements
Criminal background check
Drug screen
Lifting requirement ________ lbs.

5a. Supervision: does this position supervise
 Yes  No
the work of other employees? *

f. Exposure to extreme temperatures
g. Extensive pushing or pulling
h. Extensive sitting or walking
i. Frequent stooping or bending over
j. Repetitive movements

5b. If “Yes” to question 5a, enter the
number of employees worker will
supervise. §

6. Additional Information Regarding Job Qualifications/Requirements. *
(Please begin response on this form and use Addendum C if additional space is needed. If no additional skills or requirements, enter “NONE” below)

C. Place of Employment Information
1. Place of Employment Address/Location *
2. City *

3. State *

6. Additional Place of Employment Information.

4. Postal Code *

5. County *

(If no additional information, enter “NONE” below)

*

7. Is a completed Addendum B providing additional information on the places of employment and/or
agricultural businesses who will employ workers, or to whom the employer will be providing workers,
attached to this job order? *

 Yes  N/A

D. Housing Information
1. Housing Address/Location *
2. City *

3. State *

6. Type of Housing (check only one) *
 Employer-provided
(including mobile or range)

4. Postal Code *

 Rental or public accommodations

9. Identify the entity that determined the housing met all applicable standards: *
 Local authority  SWA  Other State authority  Federal authority
10. Additional Housing Information.

Form ETA-790A
H-2A Case Number: ____________________

(If no additional information, enter “NONE” below)

5. County *
7. Total Units *

 Other (specify): _________________

*

FOR DEPARTMENT OF LABOR USE ONLY
Case Status: __________________

8. Total Occupancy *

Determination Date: _____________

Page 2 of 8
Validity Period: _____________ to _____________

OMB Approval: 1205-0466
Expiration Date: XX/XX/XXXX

H-2A Agricultural Clearance Order
Form ETA-790A
U.S. Department of Labor

E. Provision of Meals
1. Describe how the employer will provide each worker with three meals per day or furnish free and convenient cooking and
kitchen facilities. *
(Please begin response on this form and use Addendum C if additional space is needed.)

2. The employer: *

 WILL NOT charge workers for meals.
 WILL charge each worker for meals at

$

______ . _____

per day, if meals are provided.

F. Transportation and Daily Subsistence
1. Describe the terms and arrangements for daily transportation the employer will provide to workers. *
(Please begin response on this form and use Addendum C if additional space is needed.)

2. Describe the terms and arrangements for providing workers with transportation (a) to the place of employment
(i.e., inbound) and (b) from the place of employment (i.e., outbound). *
(Please begin response on this form and use Addendum C if additional space is needed.)

3. During the travel described in Item 2, the employer will pay for
or reimburse daily meals by providing each worker *

a. no less than

$

______ . _____ per day *

b. no more than

$

______ . _____ per day with receipts

G. Referral and Hiring Instructions
Form ETA-790A
H-2A Case Number: ____________________

FOR DEPARTMENT OF LABOR USE ONLY
Case Status: __________________

Determination Date: _____________

Page 3 of 8
Validity Period: _____________ to _____________

OMB Approval: 1205-0466
Expiration Date: XX/XX/XXXX

H-2A Agricultural Clearance Order
Form ETA-790A
U.S. Department of Labor

1. Explain how prospective applicants may be considered for employment under this job order, including verifiable contact
information for the employer (or the employer’s authorized hiring representative), methods of contact, and the days and
hours applicants will be considered for the job opportunity. *
(Please begin response on this form and use Addendum C if additional space is needed.)

2. Telephone Number to Apply *

3. Extension §

4. Email Address to Apply *

5. Website Address (URL) to Apply *
H. Additional Material Terms and Conditions of the Job Offer
1.

Is a completed Addendum C providing additional information about the material terms, conditions,
and benefits (monetary and non-monetary) that will be provided by the employer attached to this job
order? *

 Yes 

No

I. Conditions of Employment and Assurances for H-2A Agricultural Clearance Orders
By virtue of my signature below, I HEREBY CERTIFY my knowledge of and compliance with applicable Federal, State, and local employmentrelated laws and regulations, including employment-related health and safety laws, and certify the following conditions of employment:
1.

JOB OPPORTUNITY: Employer assures that the job opportunity identified in this clearance order (hereinafter also referred to as the “job
order”) is a full-time temporary position being placed with the SWA in connection with an H-2A Application for Temporary Employment
Certification for H-2A workers and this clearance order satisfies the requirements for agricultural clearance orders in 20 CFR part 653, subpart
F and the requirements set forth in 20 CFR 655, subpart B. This job opportunity offers U.S. workers no less than the same benefits, wages,
and working conditions that the employer is offering, intends to offer, or will provide to H-2A workers and complies with the requirements at
20 CFR part 655, subpart B. The job opportunity is open to any qualified U.S. worker regardless of race, color, national origin, age, sex,
religion, handicap, or citizenship.

2.

NO STRIKE, LOCKOUT, OR WORK STOPPAGE: Employer assures that this job opportunity, including all places of employment for which
the employer is requesting temporary agricultural labor certification does not currently have workers on strike or being locked out in the course
of a labor dispute. 20 CFR 655.135(b).

3.

HOUSING FOR WORKERS: Employer agrees to provide or secure housing for the H-2A workers and those workers in corresponding
employment who are not reasonably able to return to their residence at the end of the work day. That housing complies with the applicable
local, State, and/or Federal standards and is sufficient to house the specified number of workers requested through the clearance system.
The employer will provide the housing without charge to the worker. Any charges for rental housing will be paid directly by the employer to
the owner or operator of the housing. If public accommodations or public housing are provided to workers, the employer agrees to pay all
housing-related charges directly to the housing's management. The employer agrees that charges in the form of deposits for bedding or other
similar incidentals related to housing (e.g., utilities) must not be levied upon workers. However, the employer may require workers to reimburse
them for damage caused to housing by the individual worker(s) found to have been responsible for damage which is not the result of normal
wear and tear related to habitation. When it is the prevailing practice in the area of intended employment and the occupation to provide family
housing, the employer agrees to provide family housing at no cost to workers with families who request it. 20 CFR 655.122(d),
653.501(c)(3)(vi).
Request for Conditional Access to Intrastate or Interstate Clearance System: Employer assures that the housing disclosed on this clearance
order will be in full compliance with all applicable local, State, and/or Federal standards at least 20 calendar days before the housing is to be
occupied. 20 CFR 653.502(a)(3). The Certifying Officer will not certify the application until the employer provides evidence that housing has
been inspected and approved or, in the case of rental or public accommodations, is otherwise in full compliance.

4.

WORKERS’ COMPENSATION COVERAGE: Employer agrees to provide workers' compensation insurance coverage in compliance with
State law covering injury and disease arising out of and in the course of the worker's employment. If the type of employment for which the
certification is sought is not covered by or is exempt from the State's workers' compensation law, the employer agrees to provide, at no cost
to the worker, insurance covering injury and disease arising out of and in the course of the worker's employment that will provide benefits at
least equal to those provided under the State workers' compensation law for other comparable employment. 20 CFR 655.122(e).

5.

EMPLOYER-PROVIDED TOOLS AND EQUIPMENT: Employer agrees to provide to the worker, without charge or deposit charge, all tools,
supplies, and equipment required to perform the duties assigned. 20 CFR 655.122(f), .210(d), or .302(c).

Form ETA-790A
H-2A Case Number: ____________________

FOR DEPARTMENT OF LABOR USE ONLY
Case Status: __________________

Determination Date: _____________

Page 4 of 8
Validity Period: _____________ to _____________

OMB Approval: 1205-0466
Expiration Date: XX/XX/XXXX

6.

H-2A Agricultural Clearance Order
Form ETA-790A
U.S. Department of Labor

MEALS: Employer agrees to provide each worker with three meals a day or furnish free and convenient cooking and kitchen facilities to the
workers that will enable the workers to prepare their own meals. Where the employer provides the meals, the job offer will state the charge,
if any, to the worker for such meals. The amount of meal charges is governed by 20 CFR 655.173. 20 CFR 655.122(g). When a charge or
deduction for the cost of meals would bring the worker’s wage below the minimum wage set by the FLSA at 29 U.S.C. 206, the charge or
deduction must meet the requirements of 29 U.S.C. 203(m) of the FLSA, including the recordkeeping requirements found at 29 CFR 516.27.
For workers engaged in the herding or production of livestock on the range, the employer agrees to provide each worker, without charge or
deposit charge, (1) either three sufficient meals a day, or free and convenient cooking facilities and adequate provision of food to enable the
worker to prepare his own meals. To be sufficient or adequate, the meals or food provided must include a daily source of protein, vitamins,
and minerals; and (2) adequate potable water, or water that can be easily rendered potable and the means to do so. 20 CFR 655.210(e).

7.

TRANSPORTATION AND DAILY SUBSISTENCE: Employer agrees to provide the following transportation and daily subsistence benefits
to eligible workers.
A.

Transportation to Place of Employment (Inbound)
If the worker completes 50 percent of the work contract period, and the employer did not directly provide such transportation or
subsistence or otherwise has not yet paid the worker for such transportation or subsistence costs, the employer agrees to reimburse the
worker for reasonable costs incurred by the worker for transportation and daily subsistence from the place from which the worker came
to work for the employer to the employer’s place of employment, whether in the U.S. or abroad. The amount of the transportation
payment must be no less (and is not required to be more) than the most economical and reasonable common carrier transportation
charges for the distances involved. The amount the employer will pay for daily subsistence expenses are those amounts disclosed in
this clearance order, which are at least as much as the employer would charge the worker for providing the worker with three meals a
day during employment (if applicable), but in no event will be less than the amount permitted under 20 CFR 655.173(a). The employer
understands that the Fair Labor Standards Act applies independently of the H-2A requirements and imposes obligations on employers
regarding payment of wages. 20 CFR 655.122(h)(1).

B.

Transportation from Place of Employment (Outbound)
If the worker completes the work contract period, or is terminated without cause, and the worker has no immediate subsequent H-2A
employment, the employer agrees to provide or pay for the worker's transportation and daily subsistence from the place of employment
to the place from which the worker, disregarding intervening employment, departed to work for the employer. Return transportation will
not be provided to workers who voluntarily abandon employment before the end of the work contract period, or who are terminated for
cause, if the employer follows the notification requirements in 20 CFR 655.122(n).
If the worker has contracted with a subsequent employer who has not agreed in such work contract to provide or pay for the worker's
transportation and daily subsistence expenses from the employer's place of employment to such subsequent employer's place of
employment, the employer must provide for such expenses. If the worker has contracted with a subsequent employer who has agreed
in such work contract to provide or pay for the worker's transportation and daily subsistence expenses from the employer's place of
employment to such subsequent employer's place of employment, the subsequent employer must provide or pay for such expenses.
The employer is not relieved of its obligation to provide or pay for return transportation and subsistence if an H-2A worker is displaced
as a result of the employer's compliance with the employer’s obligation to hire U.S. workers who apply or are referred after the employer’s
date of need during the recruitment period set out in 20 CFR 655.135(d). 20 CFR 655.122(h)(2).

C.

Daily Transportation
Employer agrees to provide transportation between housing provided or secured by the employer and the employer’s place(s) of
employment at no cost to the worker. 20 CFR 655.122(h)(3).

D.

Compliance with Transportation Standards
Employer assures that all employer-provided transportation will comply with all applicable Federal, State, or local laws and regulations.
Employer agrees to provide, at a minimum, the same transportation safety standards, driver licensure, and vehicle insurance as required
under 29 U.S.C. 1841 and 29 CFR 500.104 or 500.105 and 29 CFR 500.120 to 500.128. If workers' compensation is used to cover
transportation, in lieu of vehicle insurance, the employer will ensure that such workers' compensation covers all travel or that vehicle
insurance exists to provide coverage for travel not covered by workers' compensation. Employer agrees to have property damage
insurance. 20 CFR 655.122(h)(4).

8.

THREE-FOURTHS GUARANTEE: Employer agrees to offer the worker employment for a total number of work hours equal to at least threefourths of the workdays of the total period beginning with the first workday after the arrival of the worker at the place of employment or the
advertised contractual first date of need, whichever is later, and ending on the expiration date specified in the work contract or in its extensions,
if any. 20 CFR 655.122(i).
The employer may offer the worker more than the specified hours of work on a single workday. For purposes of meeting the three-fourths
guarantee, the worker will not be required to work for more than the number of hours specified in the job order for a workday, or on the
worker's Sabbath or Federal holidays. If, during the total work contract period, the employer affords the U.S. or H-2A worker less employment
than that required under this guarantee, the employer will pay such worker the amount the worker would have earned had the worker, in fact,
worked for the guaranteed number of days. An employer will not be considered to have met the work guarantee if the employer has merely
offered work on three-fourths of the workdays if each workday did not consist of a full number of hours of work time as specified in the job
order. All hours of work actually performed may be counted by the employer in calculating whether the period of guaranteed employment
has been met. Any hours the worker fails to work, up to a maximum of the number of hours specified in the job order for a workday, when
the worker has been offered an opportunity to work, and all hours of work actually performed (including voluntary work over 8 hours in a
workday or on the worker's Sabbath or Federal holidays), may be counted by the employer in calculating whether the period of guaranteed
employment has been met. 20 CFR 655.122(i).
If the worker is paid on a piece rate basis, the employer agrees to use the worker's average hourly piece rate earnings or the required hourly
wage rate, whichever is higher, to calculate the amount due under the three-fourths guarantee. 20 CFR 655.122(i).

Form ETA-790A
H-2A Case Number: ____________________

FOR DEPARTMENT OF LABOR USE ONLY
Case Status: __________________

Determination Date: _____________

Page 5 of 8
Validity Period: _____________ to _____________

OMB Approval: 1205-0466
Expiration Date: XX/XX/XXXX

H-2A Agricultural Clearance Order
Form ETA-790A
U.S. Department of Labor

If the worker voluntarily abandons employment before the end of the period of employment set forth in the job order, or is terminated for
cause, and the employer follows the notification requirements in 20 CFR 655.122(n), the worker is not entitled to the three-fourths guarantee.
The employer is not liable for payment of the three-fourths guarantee to an H-2A worker whom the Department of Labor certifies is displaced
due to the employer's requirement to hire qualified and available U.S. workers during the recruitment period set out in 20 CFR 655.135(d),
which lasts until 50 percent of the period of the work contract has elapsed (50 percent rule). 20 CFR 655.122(i).
Important Note: In circumstances where the work contract is terminated due to contract impossibility under 20 CFR 655.122(o), the threefourths guarantee period ends on the date of termination.
9.

EARNINGS RECORDS: Employer agrees to keep accurate and adequate records with respect to the workers' earnings at the place or places
of employment, or at one or more established central recordkeeping offices where such records are customarily maintained. The records
must include each worker’s permanent address, and, when available, permanent email address, and phone number(s). All records must be
available for inspection and transcription by the Department of Labor or a duly authorized and designated representative, and by the worker
and representatives designated by the worker as evidenced by appropriate documentation. Where the records are maintained at a central
recordkeeping office, other than in the place or places of employment, such records must be made available for inspection and copying within
72 hours following notice from the Department of Labor, or a duly authorized and designated representative, and by the worker and designated
representatives. The content of earnings records must meet all regulatory requirements and be retained by the employer for a period of not
less than 3 years after the date of certification by the Department of Labor. 20 CFR 655.122(j).

10. HOURS AND EARNINGS STATEMENTS: Employer agrees to furnish to the worker on or before each payday in one or more written
statements the following information: (1) the worker's total earnings for the pay period; (2) the worker's hourly rate and/or piece rate of pay;
(3) the hours of employment offered to the worker (showing offers in accordance with the three-fourths guarantee as determined in 20 CFR
655.122(i), separate from any hours offered over and above the guarantee); (4) the hours actually worked by the worker; (5) an itemization of
all deductions made from the worker's wages; (6) if piece rates are used, the units produced daily; (7) beginning and ending dates of the pay
period; and (8) the employer's name, address and FEIN. 20 CFR 655.122(k).
For workers engaged in the herding or production of livestock on the range, the employer is exempt from recording and furnishing the hours
actually worked each day, the time the worker begins and ends each workday, as well as the nature and amount of work performed, but
otherwise must comply with the earnings records and hours and earnings statement requirements set out in 20 CFR 655.122(j) and (k). The
employer agrees to keep daily records indicating whether the site of the employee's work was on the range or off the range. If the employer
prorates a worker's wage because of the worker's voluntary absence for personal reasons, it must also keep a record of the reason for the
worker's absence. 20 CFR 655.210(f).
11. RATES OF PAY: The employer agrees that it will offer, advertise in its recruitment, and pay at least the Adverse Effect Wage Rate (AEWR),
a prevailing wage rate, the agreed-upon collective bargaining rate, the Federal minimum wage, or the State minimum wage, whichever is
highest, for every hour or portion thereof worked during a pay period. If the offered wage(s) disclosed in this clearance order is/are based on
commission, bonuses, or other incentives, the employer guarantees the wage paid on a weekly, semi-monthly, or monthly basis will equal or
exceed the AEWR, prevailing wage rate, Federal minimum wage, State minimum wage, or any agreed-upon collective bargaining rate,
whichever is highest. If the applicable AEWR or prevailing wage is adjusted during the contract period, and that new rate is higher than the
highest of the AEWR, the prevailing wage, the collective bargaining rate, the Federal minimum wage, or the State minimum wage, the
employer will increase the pay of all employees in the same occupation to the higher rate within 14 calendar days of notification of the
adjustment. If the new AEWR or prevailing wage is lower than the rate guaranteed on this job order, the employer will continue to pay at least
the rate guaranteed on this job order.
If the worker is paid on a piece rate basis, the piece rate must be no less than the prevailing piece rate for the crop activity or agricultural
activity and, if applicable, a distinct work task or tasks performed in that activity in the geographic area, if one has been issued. At the end of
the pay period, if the piece rate does not result in average hourly piece rate earnings during the pay period at least equal to the amount the
worker would have earned had the worker been paid at the appropriate hourly rate, the employer agrees to supplement the worker's pay at
that time so that the worker's earnings are at least as much as the worker would have earned during the pay period if the worker had instead
been paid at the appropriate hourly wage rate for each hour worked. 20 CFR 655.120, 655.122(l).
For workers engaged in the herding or production of livestock on the range, the employer agrees to pay the worker at least the monthly
AEWR, the agreed-upon collective bargaining wage, or the applicable minimum wage imposed by Federal or State law or judicial action, in
effect at the time work is performed, whichever is highest, for every month of the job order period or portion thereof. If the offered wage
disclosed in this clearance order is based on commissions, bonuses, or other incentives, the employer guarantees that the wage paid will
equal or exceed the monthly AEWR, the agreed-upon collective bargaining wage, or the applicable minimum wage imposed by Federal or
State law or judicial action, whichever is highest, and will be paid to each worker free and clear without any unauthorized deductions. The
employer may prorate the wage for the initial and final pay periods of the job order period if its pay period does not match the beginning or
ending dates of the job order. The employer also may prorate the wage if an employee is voluntarily unavailable to work for personal reasons.
20 CFR 655.210(g).
12. FREQUENCY OF PAY: Employer agrees to pay workers when due based on the frequency disclosed in this clearance order. 20 CFR
655.122(m).
13. ABANDONMENT OF EMPLOYMENT OR TERMINATION FOR CAUSE: If a worker voluntarily abandons employment before the end of the
contract period, or is terminated for cause, the employer is not responsible for providing or paying for the subsequent transportation and
subsistence expenses of that worker, and that worker is not entitled to the three-fourths guarantee, if the employer notifies the U.S. Department
of Labor and, if applicable, the Department of Homeland Security, in writing or by any other method specified by the Department of Labor or
the Department of Homeland Security in the Federal Register, not later than 2 working days after the abandonment or termination occurs. A
worker will be deemed to have abandoned the work contract after the worker fails to show up for work at the regularly scheduled time for 5
consecutive work days without the consent of the employer. 20 CFR 655.122(n).
14. CONTRACT IMPOSSIBILITY: The work contract may be terminated before the end date of work specified in the work contract if the services
of the workers are no longer required for reasons beyond the control of the employer due to fire, weather, or other Act of God that makes
fulfillment of the contract impossible, as determined by the Department of Labor. In the event that the work contract is terminated, the
employer agrees to fulfill the three-fourths guarantee for the time that has elapsed from the start date of work specified in the work contract
to the date of termination. The employer also agrees that it will make efforts to transfer the worker to other comparable employment acceptable
Form ETA-790A
H-2A Case Number: ____________________

FOR DEPARTMENT OF LABOR USE ONLY
Case Status: __________________

Determination Date: _____________

Page 6 of 8
Validity Period: _____________ to _____________

OMB Approval: 1205-0466
Expiration Date: XX/XX/XXXX

H-2A Agricultural Clearance Order
Form ETA-790A
U.S. Department of Labor

to the worker and consistent with existing immigration laws. In situations where a transfer is not affected, the employer agrees to return the
worker at the employer’s expense to the place from which the worker, disregarding intervening employment, came to work for the employer,
or transport the worker to his/her next certified H-2A employer, whichever the worker prefers. The employer will also reimburse the worker
the full amount of any deductions made by the employer from the worker’s pay for transportation and subsistence expenses to the place of
employment. The employer will also pay the worker for any transportation and subsistence expenses incurred by the worker to that employer’s
place of employment. The amounts the employer will pay for subsistence expenses per day are those amounts disclosed in this clearance
order. The amount of the transportation payment must not be less (and is not required to be more) than the most economical and reasonable
common carrier transportation charges for the distances involved. 20 CFR 655.122(o).
The employer is not required to pay for transportation and daily subsistence from the place of employment to a subsequent employer’s place
of employment if the worker has contracted with a subsequent employer who has agreed to provide or pay for the worker’s transportation and
subsistence expenses from the present employer’s place of employment to the subsequent employer’s place of employment. 20 CFR
655.122(h)(2).
15. DEDUCTIONS FROM WORKER’S PAY: Employer agrees to make all deductions from the worker’s paycheck required by law. This job
offer discloses all deductions not required by law which the employer will make from the worker’s paycheck and all such deductions are
reasonable, in accordance with 20 CFR 655.122(p) and 29 CFR part 531. The wage requirements of 20 CFR 655.120 will not be met where
undisclosed or unauthorized deductions, rebates, or refunds reduce the wage payment made to the employee below the minimum amounts
required under 20 CFR part 655, subpart B, or where the employee fails to receive such amounts free and clear because the employee kicks
back directly or indirectly to the employer or to another person for the employer’s benefit the whole or part of the wage delivered to the
employee. 20 CFR 655.122(p).
16. DISCLOSURE OF WORK CONTRACT: Employer agrees to provide a copy of the work contract to an H-2A worker no later than the time at
which the worker applies for the visa, or to a worker in corresponding employment no later than on the day work commences. For an H-2A
worker coming to the employer from another H-2A employer or who does not require a visa for entry to the United States, the employer agrees
to provide a copy of the work contract no later than the time an offer of employment is made to the H-2A worker. A copy of the work contract
will be provided to each worker in a language understood by the worker, as necessary or reasonable. In the absence of a separate, written
work contract entered into between the employer and the worker, the work contract at minimum will be the terms of this clearance order,
including all Addenda, the certified H-2A Application for Temporary Employment Certification and any obligations required under 8 U.S.C.
1188, 29 CFR part 501, or 20 CFR part 655, subpart B. 20 CFR 655.122(q).
17. ADDITIONAL ASSURANCES FOR CLEARANCE ORDERS:
A.

Employer agrees to provide to workers referred through the clearance system the number of hours of work disclosed in this clearance
order for the week beginning with the anticipated first date of need, unless the employer has amended the first date of need at least 10
business days before the original first date of need by so notifying the Order-Holding Office (OHO) in writing (e.g., email notification).
The employer understands that it is the responsibility of the SWA to make a record of all notifications and attempt to inform referred
workers of the amended first date of need expeditiously. 20 CFR 653.501(c)(3)(i).
If there is a change to the anticipated first date of need, and the employer fails to notify the OHO at least 10 business days before the
original first date of need, the employer agrees that it will pay eligible workers referred through the clearance system the specified rate
of pay disclosed in this clearance order for the first week starting with the originally anticipated first date of need or will provide alternative
work if such alternative work is stated on the clearance order. 20 CFR 653.501(c)(5).

B.

Employer agrees that no extension of employment beyond the period of employment specified in the clearance order will relieve it from
paying the wages already earned, or if specified in the clearance order as a term of employment, providing transportation from the place
of employment, as described in paragraph 7.B above. 20 CFR 653.501(c)(3)(ii).

C.

Employer assures that all working conditions comply with applicable Federal and State minimum wage, child labor, social security, health
and safety, farm labor contractor registration, and other employment-related laws. 20 CFR 653.501(c)(3)(iii).

D.

Employer agrees to expeditiously notify the OHO or SWA by emailing and telephoning immediately upon learning that a crop is maturing
earlier or later, or that weather conditions, over-recruitment, or other factors have changed the terms and conditions of employment. 20
CFR 653.501(c)(3)(iv).

E.

If acting as a farm labor contractor (FLC) or farm labor contractor employee (FLCE) on this clearance order, the employer assures that
it has a valid Federal FLC certificate or Federal FLCE identification card and when appropriate, any required State FLC certificate. 20
CFR 653.501(c)(3)(v).

F.

Employer assures that outreach workers will have reasonable access to the workers in the conduct of outreach activities pursuant to 20
CFR 653.107. 20 CFR 653.501(c)(3)(vii).

I declare under penalty of perjury that I have read and reviewed this clearance order, including every page of this Form ETA-790A and all supporting
addendums, and that to the best of my knowledge, the information contained therein is true and accurate. This clearance order describes the
actual terms and conditions of the employment being offered by me and contains all the material terms and conditions of the job. 20 CFR
653.501(c)(3)(viii). I understand that to knowingly furnish materially false information in the preparation of this form and/or any supplement thereto
or to aid, abet, or counsel another to do so is a federal offense punishable by fines, imprisonment, or both. 18 U.S.C. §§ 2, 1001.

1. Last (family) name *

2. First (given) name *

3. Middle initial §

4. Title *

Form ETA-790A
H-2A Case Number: ____________________

FOR DEPARTMENT OF LABOR USE ONLY
Case Status: __________________

Determination Date: _____________

Page 7 of 8
Validity Period: _____________ to _____________

OMB Approval: 1205-0466
Expiration Date: XX/XX/XXXX

H-2A Agricultural Clearance Order
Form ETA-790A
U.S. Department of Labor

5. Signature (or digital signature) *

6. Date signed *

For Public Burden Statement, see the Instructions for Form ETA-790/790A.

Form ETA-790A
H-2A Case Number: ____________________

FOR DEPARTMENT OF LABOR USE ONLY
Case Status: __________________

Determination Date: _____________

Page 8 of 8
Validity Period: _____________ to _____________