Who needs an ETA Form 790?
In the USA there is an H-2A program, established by the U.S. Department of Labor, which grants a legal right to participate in agriculture work for the nonimmigrant foreign workers in case when a current agricultural employers anticipate a shortage of domestic workers. This type of employment is established on a seasonal basis. ETA Form 790, Agricultural and Food Processing Clearance Order, should be completed by an employer seeking a permission to hire foreign workers.
What is the form ETA 790 for?
The 790 Form is used for the Department of Labor clearance that each employer, seeking permission to hire foreigners, must pass.
This form provides detailed information on work that employees perform, their working and insurance conditions, and wages to be paid.
It is important that employment of H-2A workers must not affect the wages and working conditions of similarly employed U.S. workers. You should check the official H-2 web page1 for all requirements to comply with participation in the program.
Is ETA Form 790 accompanied by other forms?
There is a long list of necessary accompaniments that should be used in order to be officially enrolled in the program. You can find all the information needed by visiting the official H-2 web page - https://www.foreignlaborcert.doleta.gov/form.cfm
How do I fill out ETA Form 790?
You must include as much detail as possible on the form itself. Even if attachments are necessary, the essential terms and conditions must be spelled out on the face of this form. Pages 9-10 contain a comprehensive instruction on how to complete this form. You should read it before filling out the form.
Where do I send ETA Form 790?
Once completed and signed, this form should be directed to the nearest Department of Labor office.
