What is Positive Recruitment?
Employers looking for U.S. workers to work on the farms on a temporary or seasonal basis. They or their agents may advertise, post job openings or work with the union halls to recruit such labor.
The employer must engage in positive recruitment of U.S. workers after the Certified Officer (CO) determines that the H-2A Application for Temporary Employment Certification is approved and that the Job Order meet requirements such that recruitment may begin.
The Certifying Officer will notify the employer/agent via a Notice of Acceptance of the approval and will send a copy of the Notice to the State Workforce Agency (SWA) serving the area of intended employment.
The Acceptance Letter will direct the employer to engage in positive recruitment of
U.S. workers and will include instructions for how to prepare and when to submit a Recruitment Report to the Chicago National Processing Office (CNPC).
Referrals:
Employer may receive referrals from the supply states as noted on the Notice of Acceptance and or Puerto Rico or applications directly by individual workers. It is mandated that all referred applicants must be interviewed within 5 days of the receipt of the referral notice.
Employers must consider employing all U.S. workers that are referred to them or on whose behalf an application is filed. Per ARS Regulations, an employer cannot refuse to hire any qualified U.S. worker(s) except for the lawful work-related reason(s) until 50% of the work contract has elapsed.
Potential workers can apply directly to the employer for H-2A Job Openings, either online or physically visiting the nearest MassHire Career Center serving the area of intended employment.
- Foreign Labor Certification (FLC) Program mass.gov/foreign-labor-certification-flc-program
- Massachusetts Department of Agricultural Resources mass.gov/orgs/massachusetts-department-of-agricultural-resources
- U.S. Department of Labor Migrant Worker resources dol.gov/general/migrantworker
- National Farmworker Jobs Program dol.gov/agencies/eta/agriculture
- MassHire JobQuest: jobquest.dcs.eol.mass.gov/jobquest/LandingPage.aspx
- Register for MassHire Jobquest: jobquest.dcs.eol.mass.gov/JobQuest/RegisterLanding.aspx