Skip to main content
U.S. flag

An official website of the United States government.

Here’s how you know

Dot gov

The .gov means it’s official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

Https

The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.

United States Department of Labor
U.S. Department of Labor
Employment and Training Administration
Contact ETA

submenu

  • PROGRAM AREAS

    Back

      • Program Areas
        • American Job Centers
        • Apprenticeship
        • Disability
        • Dislocated Worker Grants
        • Employers
        • Farmworkers
        • Federal Bonding Program
        • Foreign Labor Certification
        • Grants
        • Indians and Native Americans
        • Job Corps
        • Job Seekers
        • Layoffs and Rapid Response
        • Reentry
        • Older Workers
        • Skills Training Grants
        • Trade Adjustment Assistance
        • Unemployment Insurance
        • Veterans
        • Workforce Innovation and Opportunity Act (WIOA)
        • WIOA Adult Program
        • Youth
        • YouthBuild
  • POLICY AND DIRECTIVES

    Back

      • Policy and Directives
        • Advisories and Directives
        • Laws
        • Regulations
  • RESOURCES

    Back

      • Resources
        • Budget
        • Labor Surplus Area
        • O*NET
        • Performance
        • Recovery-Ready Workplace Resource Hub
        • Research
  • NEWS

    Back

      • News
        • ETA News Releases
        • Updates for Workforce Professionals
  • ABOUT

    Back

      • About
        • Mission
        • Offices
  • CONTACT US

    Back

      • Contact Us
        • Regional Offices
        • Freedom of Information Act
Breadcrumb
  • ETA
  • Foreign Labor Certification
  • Program and FLAG Resources
  • H-2A Temporary Agricultural Program

H-2A Herder Final Rule

  • Close
    • Program and FLAG Resources
      • CW-1
      • D-1 Crewmembers Certification
      • FLAG Resources
      • H-1B, H-1B1 and E-3 Specialty (Professional) Workers
      • H-2A Herder Final Rule
      • H-2A Temporary Agricultural Program
      • H-2B Temporary Non-agricultural Program
      • Permanent Labor Certification
    • Prevailing Wage Information and Resources
    • Seasonal Jobs
    • Policies and Regulations
    • Forms
    • Performance Data
    • Foreign Labor Recruiter List
    • Customarily Unionized H-2B Occupations
    • Debarments List
    • Frequently Asked Questions (FAQs)
    • Announcements
    • Foreign Labor Application Gateway (FLAG) Online Filing
    • Permanent Employment Certification (PERM) Online Filing
    • OFLC Help Desks
    • Contacts
    • Sitemap

    Program Overview

    The U.S. Department of Labor (Department) issued regulations governing the employment of foreign workers in jobs related to the herding or production of livestock on the range (the H-2A Herder Final Rule). Separate standards and procedures are necessary for these occupations because some of the requirements of the general H-2A Final Rule (published in 2010) do not apply to these unique occupations, which are located in remote areas and require non-traditional regular work schedule involving workers generally being on call 24 hours per day, 7 days per week. Due to the unique requirements of the occupations, which are located in remote areas and require non-traditional work schedules with workers generally on call 24 hours per day, 7 days per week, variances from the general H-2A program are necessary.

    The Department issued the Herder Rule in response to the decision of the court in the case of Mendoza et al. v. Perez , 754 F.3d 1002 (D.C. Cir. 2014). The Rule affords protection to U.S. workers by providing access to herder jobs and assists employers with access to foreign workers on a temporary basis when U.S. workers are not available.

    How to Apply

    Step 1: Filing a Job Order and an H-2A Application with the Chicago National Processing Center (NPC)

    What to file: The job order (Form ETA 790/790A) is filed directly with the Chicago National Processing Center (NPC) along with a completed H-2A Application for Temporary Employment Certification (Form ETA 9142A), and an attachment with the names of each farmer/rancher the physical locations (with as much geographic specificity as possible), where work will be performed and the start dates and end dates of need for the work. The Chicago NPC will review your application package, notify you of any deficiencies, and provide you with additional instructions for completing the temporary labor certification process.

    • Electronic Filing:
      Employers can submit their H-2A application electronically via the Department's FLAG System . It is important to read the FLAG user guides and video tutorials before completing and submitting an H-2A application. The online help provides step-by-step instructions for completing and submitting the H-2A application electronically.
    • Mail Filing:
      Employers that lack adequate access to electronic filing may file the application by mail. The employer must indicate that it is filing by mail due to a lack of adequate access to electronic filing. The employer may mail the application package to the Chicago NPC at the following address:
      U.S. Department of Labor
      Office of Foreign Labor Certification
      Chicago National Processing Center
      11 W Quincy Ct
      Chicago, IL 60604- 2105
      Attention: H-2A Program Unit- Range Livestock Application

    When to apply: No less than 45 calendar days before the start date of work.
    ***For Emergency Filings ONLY: You may file your job order (Form ETA 790/790A) and H-2A application package directly with the Chicago NPC less than 45 calendar days before the start date of need only in circumstances where 1) you are either filing for the first time or 2) have a need for workers that could not be foreseen. For emergency filings, you must include a statement and any other documentation justifying the need to file on an emergency basis. Filing under this provision does not automatically guarantee acceptance of your request for emergency processing.

    Step 2: Recruitment of U.S. Workers

    When the Chicago NPC determines that the regulatory requirements for the job order are met, the Chicago NPC will issue a Notice of Acceptance. The Notice of Acceptance authorizes conditional access to the interstate clearance system and will contain recruitment instructions. The employer will receive an electronic copy of the Notice of Acceptance.

    The Chicago NPC will also transmit the job order to the State Workforce Agency (SWA) and direct the SWA to place the job order into intrastate and interstate clearance for the recruitment of U.S. workers.

    Step 3: Completing the Temporary Labor Certification Process

    At this point, applications for jobs related to the herding or production of livestock are processed in a manner similar to other H-2A program applications. If the application is accepted or amended within the required time frame and complies with the regulations, the Chicago NPC will make a final determination thirty (30) calendar days prior to the employer's date of need.

     

    Scroll to Top
    • Program Areas
    • Policy and Directives
    • News
    • About
    United States Department of Labor
    Employment & Training Administration (ETA)

    An agency within the U.S. Department of Labor

    200 Constitution Ave NW
    Washington, DC 20210
    1-866-4-USA-DOL
    1-866-487-2365

    www.dol.gov

    www.dol.gov
    Federal Government
    • White House
    • Coronavirus Resources
    • Disaster Recovery Assistance
    • DisasterAssistance.gov
    • USA.gov
    • Notification of EEO Violations
    • No Fear Act Data
    • U.S. Office of Special Counsel
    Labor Department
    • About DOL
    • Guidance Search
    • Español
    • Office of Inspector General
    • Subscribe to the DOL Newsletter
    • Read the DOL Newsletter
    • Emergency Accountability Status Link
    • A to Z Index
    About the Site
    • Freedom of Information Act
    • Disclaimers
    • Plug-Ins Used on DOL.gov
    • Accessibility Statement

    Connect With DOL

    Facebook Twitter Instagram Youtube Linkedin
    Site Map Important Website Notices Privacy & Security Statement