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This answer depends on the type of employer. In general, however, the employer has to file with the state workforce agency. After filing with the state workforce agency, the employer has to file with the United States Department of Labor. Once the Department of Labor accepts the labor certification, you must advertise in the appropriate places, with very specific content. Then, once you receive your final labor certification, you must file with the Department of Homeland Security. After this, your workers can go to the consulate to be processed for their visa. There are many detailed and complex steps in each of these, but this is a general outline of the labor certification process.

Your workers are required to work on the worksite or worksites listed on your labor certification. As such, you will need to file another labor certification. Please give 60-75 days to allow for this type of transfer. I know in agriculture that is a very difficult thing to do, but in order to maintain compliance, it is necessary. Anytime you are transferring your workers from one job site to another, you will need to file another labor certification.

The DOL wants to make sure the American labor force had a fair opportunity at every job opportunity before it was given to foreign labor. As such, they want to make sure you advertised the job opportunity to American workers. The entire premise of the H-2A program is there is not enough American labor. Therefore, if you move them on a job site location without giving Americans a shot at the job, there is no way to know if there was enough American labor for that particular location.

No, Congress understands (at least the congress members from agricultural states) these H-2A visas are not a luxury for employers. They are expensive, time-consuming, and complex, but employers are willing to get them because of the difficulty of filling their labor needs. Without H-2A visas, the productiveness of our agricultural industry would plummet.

The Ag Act of 2017 is a proposal to have certain H-2 visa workers be able to work year-round. This bill is aimed at helping industries, such as dairy, poultry, and swine, that have a very difficult time filling their labor needs with a legal labor force. The essence of this bill is very good, it supplies labor by utilizing foreign labor, to supplement the American labor, and not let our precious resources go to waste.