State Workforce Address Does Not Have to Be Stated in H-2A Advertisements

From: USADNEWS Volume VIII, Issue 1 January 2014

The H-2A temporary agricultural program sets up a strict set of advertising requirements that can sometimes be difficult to navigate. Employers must advertise in two editions, one of which must be a Sunday, in a newspaper of general circulation for the area of intended employment. In addition, the employer must conduct advertising in up to three other states as directed by the Department of Labor (DOL) where the DOL determines there to be a significant number of able and qualified workers who would apply for the position.

In each of these advertisements, the regulations state that the advertisement text must refer applicants to the nearest State Workforce Agency (SWA) to apply for the job. The regulations at 20 C.F.R. § 655.103(k) state that the ad text must include “Contact information for the applicable SWA and the job order number.”  In the Round 5 FAQs from February 2012, the DOL explains that the employer is not required to provide specific state workforce contact information in the ad text. Contact information for the employer and a general statement directing them to apply at the nearest SWA office is sufficient. However, the advertisements must include the SWA job order number of the job order placed with the SWA serving the area of intended employment.