“We experienced a significant reduction in the administrative burden and the
elimination of many typical communication hold-ups associated with the traditional
model of providing immigration services.”
Corporate Counsel
Tokyo Electron
The ETA 750 A is the form used by an employer to apply to
the Department of Labor for alien certification for temporary workers (H-2A and
(H-2B) in the U.S.
What is the Purpose of Filing Form ETA 750 A?
How Long Is An Alien Labor
Certification Valid?
VISANOW can prepare and submit the ETA 750A on behalf of the employer regardless
of whether, or not, the proposed employee is inside the U.S.
The employer must also demonstrate that he/she has been unsuccessful in finding
capable U.S. workers to perform the temporary service. This is demonstrated by obtaining
a Temporary Labor Certification (application ETA 750A) from the U.S. Department
of Labor. This is the first step in the H-2A/H-2B application process.
The ETA 750A application will contain details about the job (including job title,
job duties, minimum education and experience requirements), as well as biographic
information about the alien employee (including education and work history). Once
this application is submitted, the State Workforce Agency (SWA) prepares a job order
and will issue recruitment instructions to the employer, which will typically include
running an ad for 3 days in a local newspaper. The SWA will collect the resumes
and applications and forward them to the employer. The employer will then have to
submit a recruitment report explaining the lawful, job-related reasons for not hiring
any US workers who applied.
The SWA will then forward the labor certification application to the regional U.S.
Department of Labor office, and the DOL will adjudicate the labor certification.
If it is approved, the DOL will send the approved labor certification to the employer
(or to the employer’s representative, which would be VISANOW).
The next step is to use this labor certification to apply for an H-2A/H-2B visa
with the USCIS.
The approved labor certification is generally valid for one
year. In order to ultimately obtain temporary residence, an H-2A or H-2B visa must
also be approved by the USCIS.