H-2A Agricultural Equipment Operators 45-2091 Agricultural ... - iCERT
OMB Approval: 1205-0466 Expiration Date: 333111/30/2011 05/31/2019
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
Please read and review the filing instructions carefully before completing the Form ETA-9142A . A copy of the instructions can be found at http://www.foreignlaborcert.doleta.gov/. In accordance with Federal Regulations, incomplete or obviously inaccurate applications will not be certified by the Department of Labor. If submitting this form non-electronically, ALL required fields/items containing an asterisk ( * ) must be completed as well as any fields/items where a response is conditional as indicated by the section ( § ) symbol. For conve nie nce and compat ibility for al l scree n rea de rs, the use r will be prompte d for a re quire d quest ion again in eac h fie ld in a ddition to the a sterisk.
A. Employment-Based Nonimmigrant Visa Information
H-2A
1. Indicate the type of visa classification supported by this application (Write classification symbol): *
Requ ir ed Field
B. Temporary Need Information 1. Job Title *
Agricultural Equipment Operators
Required F ield
2. SOC (ONET/OES) code *
3. SOC (ONET/OES) occupation title *
45-2091
Agricultural Equipment Operators
Requir ed F ield
Requir ed F ield
Period of Intended Employment
4. Is this a full-time position? *
Requir ed Field
✔ Yes
5. Begin Date * 02/15/2017
No
6. End Date *
Required Field
7. Worker positions needed/basis for the visa classification supported by this application
12
12/03/2017
Required Field
(mm/dd/yyyy)
(mm/dd/yyyy)
Total Worker Positions Being Requested for Certification *
Requir ed Field
Basis for the visa classification supported by this application (indicate the total workers in each applicable category based on the total workers identified above)
12
a. New employment *
0
b. Continuation of previously approved employment * without change with the same employer
0
Required Field
Required F ield
c. Change in previously approved employment *
0
d. New concurrent employment *
0
e. Change in employer *
0
f. Amended petition *
Requir ed F ield
Requir ed Field
Required Field
Required Field
8. Nature of Temporary Need: (Choose only one of the standards) *
Required F ield
Peakload ✔ Seasonal 9. Statement of Temporary Need *
One-Time Occurrence
Intermittent or Other Temporary Need
Required Field
Samson Partnership and Trinity Farms Partnership are joint agricultural employers that plant, cultivate and harvest rice, cotton, corn and soybeans during the growing season in the SE region of AR. This work is done every year at the same approximate time of year between mid-February and early December. Starting in 2017 we will have a supplemental need for temporary seasonal workers beginning in July due to a seasonal peak in the harvest.The nature of the temporary job opportunities and number of workers being requested reflect a temporary need because the work is performed exclusively at certain seasons and performance of the work is of short duration and will not continue indefinitely.
Form ETA-9142A H-300-16362-809239 Case Number: ______________________
FOR DEPARTMENT OF LABOR USE ONLY CERTIFIED Case Status: __________________
Page 1 of 8
02/15/2017 12/03/2017 Validity Period: ______________ to _______________
OMB Approval: 1205-0466 Expiration Date: 05/31/2019
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
C. Employer Information Important Note: Enter the full name of the individual employer, partnership, or corporation and all other required information in this section. For joint employer or master applications filed on behalf of more than one employer under the H-2A program, identify the main or primary employer in the section below and then submit a separate attachment that identifies each employer, by name, mailing address, and total worker positions needed, under the application.
1. Legal business name *
Required Field
Samson Partnership
2. Trade name/Doing Business As (DBA), if applicable
N/A
3. Address 1 *
Required F ield
108 Birdy Lane 4. Address 2
PO Box 350, Dermott, AR 71638 5. City *
6. State *
Monticello Required Field
Required Field
AR
8. Country *
9. Province
Requir ed F ield
UNITED STATES OF AMERICA
N/A
870-538-5005
N/A
10. Telephone number *
7. Postal code *
Required Field
71655
11. Extension
Requir ed Field
12. Federal Employer Identification Number (FEIN from IRS) *
Required F ield
13. NAICS code (must be at least 4-digits) *
Requir ed Field
111191
14. Number of non-family full-time equivalent employees
15. Annual gross revenue
16. Year established
N/A
17. Type of employer application (choose only one box below) *
Required Field
✔ Individual Employer
Association – Sole Employer (H-2A only) Association – Joint Employer (H-2A only) Association – Filing as Agent (H-2A only)
H-2A Labor Contractor or Job Contractor
D. Employer Point of Contact Information Important Note: The information contained in this Section must be that of an employee of the employer who is authorized to act on behalf of the employer in labor certification matters. The information in this Section must be different from the agent or attorney information listed in Section E, unless the attorney is an employee of the employer. For joint employer or master applications filed on behalf of more than one employer under the H-2A program, enter only the contact information for the main or primary employer (e.g., contact for an association filing as joint employer) under the application.
1. Contact’s last (family) name *
Requir ed F ield
2. First (given) name *
3. Middle name(s) *
Requir ed Field
Required Field
Alicia
Whitaker
N/A
4. Contact’s job title *
Partner
Required Field
5. Address 1 *
Required F ield
108 Birdy Lane 6. Address 2
PO Box 350, Dermott, AR 71638 7. City *
8. State *
AR
Required Field
Monticello
10. Country *
12. Telephone number *
Required Field
870-538-5005
Form ETA-9142A
Required Field
11. Province
13. Extension
14. E-Mail address
N/A
N/A
FOR DEPARTMENT OF LABOR USE ONLY
H-300-16362-809239 Case Number: ______________________
9. Postal code *
71655
N/A
Required Field
UNITED STATES OF AMERICA
Required Field
Case Status: __________________ CERTIFIED
Page 2 of 8
02/15/2017 12/03/2017 Validity Period: ______________ to _______________
OMB Approval: 1205-0466 Expiration Date: 05/31/2019
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
E. Attorney or Agent Information (If applicable) 1. Is/are the employer(s) represented by an attorney or agent in the filing of this application Yes (including associations acting as agent under the H-2A program)? If “Yes”, complete Section E. * 3. First (given) name § 4. Middle name(s) § 2. Attorney or Agent’s last (family) name § Required Field
PATRICIA
HALL
✔
No
M
5. Address 1 §
408 WEST MARIAN AVENUE 6. Address 2
N/A
7. City §
8. State §
LAKE PARK
GA
UNITED STATES OF AMERICA
N/A
10. Country §
9. Postal code §
31636
11. Province
12. Telephone number §
13. Extension
14. E-Mail address
229-559-6879
N/A
[email protected]
15. Law firm/Business name §
16. Law firm/Business FEIN §
AGWORKS H2, LLC
17. State Bar number (only if attorney) §
18. State of highest court where attorney is in good standing (only if attorney) §
N/A
N/A
19. Name of the highest court where attorney is in good standing (only if attorney) §
N/A F. Job Offer Information a. Job Description 1. Job Title *
Required F ield
Agricultural Equipment Operators 2. Number of hours of work per week
45_____ Basic *: __
3. Hourly Work Schedule *
Requir ed Field(Basic Hour s)
Required Fiel d
0 Overtime: _______
00 7 : ____ A.M. (h:mm): ___
4. Does this position supervise the work of other employees? * Yes ✔ No Required Fiel d
P.M. (h:mm): ___ 00__ 5 : __
4a. If yes, number of employees 0 worker will supervise (if applicable) § ______
5. Job duties – A description of the duties to be performed MUST begin in this space. If necessary, add attachment to continue and complete description. * Required Fi eld
SEE ADDENDUM Perform manual labor to plant, cultivate and harvest rice, cotton, corn and soybeans. Operate tractors, tractordrawn machinery, and self-propelled machinery to plow, harrow and fertilize soil, or to plant, cultivate, spray and harvest crops. Till soil and weed crops. Perform manual shovel work. Load harvested products. Use hand tools such as shovels, trowels, hoes, tampers, knives, grain scoops and brooms. Install and remove levy gates. Check rice fields daily for water levels. Complete end of season draining of fields with shovel. Receive rice crop for drying and storage at drying facility. Clean grain storage bins and surrounding site according to state requirements. Dispose of spoiled grain from pit and elevator area. Workers will unload grain bins and load into trucks. Chop grass out of fields. Clear
Form ETA-9142A
FOR DEPARTMENT OF LABOR USE ONLY
H-300-16362-809239 Case Number: ______________________
Case Status: __________________ CERTIFIED
Page 3 of 8
02/15/2017 12/03/2017 Validity Period: ______________ to _______________
OMB Approval: 1205-0466 Expiration Date: 05/31/2019
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
F. Job Offer Information (continued) b. Minimum Job Requirements 1. Education: minimum U.S. diploma/degree required *
Required Fiel d
✔ None High School/GED Associate’s Bachelor’s Master's Doctorate (PhD) Other degree (JD, MD, etc.) 1a. If “Other degree” in question 1, specify the diploma/ 1b. Indicate the major(s) and/or field(s) of study required § (May list more than one related major and more than one field) degree required §
N/A
N/A
2. Does the employer require a second U.S. diploma/degree? * Yes ✔ No 2a. If “Yes” in question 2, indicate the second U.S. diploma/degree and the major(s) and/or field(s) of study required § Required Fiel d
N/A 3. Is training for the job opportunity required? *
Yes
Required Fi eld
✔ No
3a. If “Yes” in question 3, specify the number of months of training required §
3b. Indicate the field(s)/name(s) of training required §
0
N/A
4. Is employment experience required? * 4a. If “Yes” in question 4, specify the number of months of experience required §
(May list more than one related field and more than one type)
✔ Yes
Required Fi eld
3
No
4b. Indicate the occupation required §
Farmwork
5. Special Requirements - List specific skills, licenses/certifications, and requirements of the job opportunity. *
Required Fiel d
SEE ADDENDUM Three months verifiable farmwork experience required. Perform prolonged bending, reaching, walking and lifting and carrying up to 60 pounds. Workers must climb 90 foot c. Place of Employment Information 1. Worksite address 1 *
Samson Partnership
Required Fi eld
2. Address 2
760 Masonville Rd. 3. City *
4. County *
McGehee
Desha
Required Fiel d
Required Fi eld
5. State/District/Territory *
AR
6. Postal code *
Required Fiel d
71654
Required Fi eld
7. Will work be performed in multiple worksites within an area of intended Yes No ✔ employment or a location(s) other than the address listed above? * 7a. If Yes in question 7, identify the geographic place(s) of employment with as much specificity as possible. If necessary, submit an attachment to continue and complete a listing of all anticipated worksites. § Required Fi eld
State Area Based On Area 1. Arkansas County/Township DESHA - SOUTH ARKANSAS NONMETROPOLITAN AREA 2. Arkansas County/Township DREW - SOUTH ARKANSAS NONMETROPOLITAN AREA 3. Arkansas Other Employers own/control all listed worksites in Drew, Desha, and Chicot Counties, AR. 4. Arkansas Other Continued on ETA Form 9142 Attachment 5. Arkansas County/Township CHICOT - SOUTH ARKANSAS NONMETROPOLITAN AREA
Form ETA-9142A
FOR DEPARTMENT OF LABOR USE ONLY
H-300-16362-809239 Case Number: ______________________
CERTIFIED Case Status: __________________
Page 4 of 8
12/03/2017 02/15/2017 Validity Period: ______________ to _______________
OMB Approval: 1205-0466 Expiration Date: 05/31/2019
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
G. Rate of Pay 1. Basic Rate of Pay Offered *
1a. Overtime Rate of Pay (if applicable) §
Required Fi eld
From:
38 10 $ _____ . ____
To (Optional):
0 00 $ _____ . ____
From:
0 00 $ _____ . ____
To (Optional):
0 00 $ _____ . ____
2. Per: (Choose only one) *
Required Field
✔ Hour Week Bi-Weekly Month Year Piece Rate 2a. If Piece Rate is indicated in question 2, specify the wage offer requirements: §
N/A
3. Additional Wage Information (e.g., multiple worksite applications, itinerant work, or other special procedures). If necessary, add attachment to continue and complete description. §
Employers may pay an end of season bonus to workers who complete the contract based on total number of seasons worked continuously and other applicable factors including, but not limited to crop condition and profitability.
H. Recruitment Information 1. Name of State Workforce Agency (SWA) serving the area of intended employment *
Required Fiel d
Arkansas Department of Workforce Services 2. SWA job order identification number *
2a. Start date of SWA job order *
2b. End date of SWA job order *
AR1842899
12/16/2016
07/10/2017
Required Fi eld
Required Fi eld
3. Is there a Sunday edition of a newspaper (of general circulation) in the area of intended employment? * Name of Newspaper/Publication (in area of intended employment for H-2B only) * 4. From: Required Fi eld
N/A
N/A
N/A
N/A
5.
From:
Required Fi eld
(In H-2A this date is 50% of contract period)
✔ Yes
No
Dates of Print Advertisement § To:
N/A To:
N/A
6. Additional Recruitment Activities for H-2B program. Use the space below to identify the type(s) or source(s) of recruitment, geographic location(s) of recruitment, and the date(s) on which recruitment was conducted. If necessary, add attachment to continue and complete description. * Required Fi eld
N/A
Form ETA-9142A
FOR DEPARTMENT OF LABOR USE ONLY
H-300-16362-809239 Case Number: ______________________
Case Status: __________________ CERTIFIED
Page 5 of 8
12/03/2017 02/15/2017 Validity Period: ______________ to _______________
OMB Approval: 1205-0466 Expiration Date: 05/31/2019
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
I. Declaration of Employer and Attorney/Agent In accordance with Federal regulations, the employer must attest that it will abide by certain terms, assurances and obligations as a condition for receiving a temporary labor certification from the U.S. Department of Labor. Applications that fail to attach Appendix A or Appendix B will be considered incomplete and not accepted for processing by the ETA application processing center. 1. For H-2A Applications ONLY, please confirm that you have read and agree to all the applicable terms, assurances and obligations contained in Appendix A. §
✔ Yes
No
N/A
2. For H-2B Applications ONLY, please confirm that you have read and agree to all the applicable terms, assurances and obligations contained in Appendix B. §
Yes
No
N/A
J. Preparer Complete this section if the preparer of this application is a person other than the one identified in either Section D (employer point of contact) or E (attorney or agent) of this application. 1. Last (family) name §
2. First (given) name §
3. Middle initial §
N/A
N/A
N/A
4. Job Title §
N/A
5. Firm/Business name §
N/A 6. E-Mail address §
N/A
K. U.S. Government Agency Use (ONLY) Pursuant to the provisions of Section 101 (a)(15)(h)(ii) of the Immigration and Nationality Act, as amended, I hereby certify that there are not sufficient U.S. workers available and the employment of the above will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. By virtue of the signature below, the Department of Labor hereby acknowledges the following:
12/03/2017 02/15/2017 This certification is valid from _______________________ to _______________________.
01/10/2017 ______________________________ Determination Date (date signed)
______________________________________________ Department of Labor, Office of Foreign Labor Certification
H-300-16362-809239
______________________________ CERTIFIED Case Status
______________________________________________ Case number Public Burden Statement (1205-0466)
Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Public reporting burden for this collection of information is estimated to average 1 hour to complete the form, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this data collection is required to obtain/retain benefits (Immigration and Nationality Act, 8 U.S.C. 1101, et seq.). Please send comments regarding this burden estimate or any other aspect of this information collection to the Office of Foreign Labor Certification * U.S. Department of Labor * Box 12-200 * 200 Constitution Ave., NW, * Washington, DC *. Please _____ do not send the completed application to this address.
Form ETA-9142A
FOR DEPARTMENT OF LABOR USE ONLY
H-300-16362-809239 Case Number: ______________________
Case Status: __________________ CERTIFIED
Page 6 of 8
12/03/2017 02/15/2017 Validity Period: ______________ to _______________
OMB Approval: 1205-0466 Expiration Date: 05/31/2019
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
ADDENDUM
ADDENDUM SECTION F.a.5: Additional Notes Regarding Job Duties and maintain irrigation ditches. Load cotton bales, pick up and load loose cotton. Hand chop and rogue cotton. Assist with mechanical planting of crops, ensuring that hoppers are filled properly. Repair fences, farm buildings and grain bins. Participate in irrigation activities including setting up and operating irrigation equipment. Repair and maintain farm vehicles, implements, and mechanical equipment. Inform farmers or farm managers of crop progress. Identify plants, pests, and weeds to determine the selection and application of pesticides and fertilizers. Apply pesticides, herbicides and fertilizers. Perform farm, field and shed sanitation duties. Record information about crops, such as pesticide use, yields, or costs. Employer is a drug-free workplace. Drug testing is conducted post-hire at the employer's expense and is not part of the interview process. Workers are expected to possess the skills to work in the production of crops listed. The introductory period for all crop activities is 2 days starting with the first day of employment to acclimate the worker to the physical demands of farm work and to familiarize workers with job specifications and to demonstrate proper harvesting methods and other crop specific issues. Workers must adhere to all safety rules as instructed by the supervisor. Workers must take care to handle tools, equipment and crops in a manner to avoid injury or damage. The employer will comply with all Federal, State and local safety requirements. Operational specifications can change during the season due to crop or market condition. Workers will be expected to conform to the specific instructions given for each day's work. Instructions and general supervision will be provided by the employer or a designated employee. Workers will have close supervision to insure adherence to instructions. Work will be closely monitored and reviewed for quality. Daily individual work assignments, crew assignments and location of work will be made by the employer or designated employee as the needs of the operation dictate. Workers may be assigned a variety of duties in any given day and different tasks on different days.
Form ETA-9142A
FOR DEPARTMENT OF LABOR USE ONLY
H-300-16362-809239 Case Number: ______________________
CERTIFIED Case Status: __________________
Page 7 of 8
02/15/2017 12/03/2017 Validity Period: ______________ to _______________
OMB Approval: 1205-0466 Expiration Date: 05/31/2019
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
ADDENDUM
ADDENDUM SECTION F.b.5: Special Requirements ladders and work in elevated environments at grain storage and grain elevators. Most job duties require workers to work in extreme temperatures ranging from approximately 30-100 degrees in wet or dry conditions. Hazardous occupation.
Form ETA-9142A
FOR DEPARTMENT OF LABOR USE ONLY
H-300-16362-809239 Case Number: ______________________
CERTIFIED Case Status: __________________
Page 8 of 8
02/15/2017 12/03/2017 Validity Period: ______________ to _______________
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
Please read and review the filing instructions carefully before completing the Form ETA-9142A . A copy of the instructions can be found at http://www.foreignlaborcert.doleta.gov/. In accordance with Federal Regulations, incomplete or obviously inaccurate applications will not be certified by the Department of Labor. If submitting this form non-electronically, ALL required fields/items containing an asterisk ( * ) must be completed as well as any fields/items where a response is conditional as indicated by the section ( § ) symbol. For conve nie nce and compat ibility for al l scree n rea de rs, the use r will be prompte d for a re quire d quest ion again in eac h fie ld in a ddition to the a sterisk.
A. Employment-Based Nonimmigrant Visa Information
H-2A
1. Indicate the type of visa classification supported by this application (Write classification symbol): *
Requ ir ed Field
B. Temporary Need Information 1. Job Title *
Agricultural Equipment Operators
Required F ield
2. SOC (ONET/OES) code *
3. SOC (ONET/OES) occupation title *
45-2091
Agricultural Equipment Operators
Requir ed F ield
Requir ed F ield
Period of Intended Employment
4. Is this a full-time position? *
Requir ed Field
✔ Yes
5. Begin Date * 02/15/2017
No
6. End Date *
Required Field
7. Worker positions needed/basis for the visa classification supported by this application
12
12/03/2017
Required Field
(mm/dd/yyyy)
(mm/dd/yyyy)
Total Worker Positions Being Requested for Certification *
Requir ed Field
Basis for the visa classification supported by this application (indicate the total workers in each applicable category based on the total workers identified above)
12
a. New employment *
0
b. Continuation of previously approved employment * without change with the same employer
0
Required Field
Required F ield
c. Change in previously approved employment *
0
d. New concurrent employment *
0
e. Change in employer *
0
f. Amended petition *
Requir ed F ield
Requir ed Field
Required Field
Required Field
8. Nature of Temporary Need: (Choose only one of the standards) *
Required F ield
Peakload ✔ Seasonal 9. Statement of Temporary Need *
One-Time Occurrence
Intermittent or Other Temporary Need
Required Field
Samson Partnership and Trinity Farms Partnership are joint agricultural employers that plant, cultivate and harvest rice, cotton, corn and soybeans during the growing season in the SE region of AR. This work is done every year at the same approximate time of year between mid-February and early December. Starting in 2017 we will have a supplemental need for temporary seasonal workers beginning in July due to a seasonal peak in the harvest.The nature of the temporary job opportunities and number of workers being requested reflect a temporary need because the work is performed exclusively at certain seasons and performance of the work is of short duration and will not continue indefinitely.
Form ETA-9142A H-300-16362-809239 Case Number: ______________________
FOR DEPARTMENT OF LABOR USE ONLY CERTIFIED Case Status: __________________
Page 1 of 8
02/15/2017 12/03/2017 Validity Period: ______________ to _______________
OMB Approval: 1205-0466 Expiration Date: 05/31/2019
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
C. Employer Information Important Note: Enter the full name of the individual employer, partnership, or corporation and all other required information in this section. For joint employer or master applications filed on behalf of more than one employer under the H-2A program, identify the main or primary employer in the section below and then submit a separate attachment that identifies each employer, by name, mailing address, and total worker positions needed, under the application.
1. Legal business name *
Required Field
Samson Partnership
2. Trade name/Doing Business As (DBA), if applicable
N/A
3. Address 1 *
Required F ield
108 Birdy Lane 4. Address 2
PO Box 350, Dermott, AR 71638 5. City *
6. State *
Monticello Required Field
Required Field
AR
8. Country *
9. Province
Requir ed F ield
UNITED STATES OF AMERICA
N/A
870-538-5005
N/A
10. Telephone number *
7. Postal code *
Required Field
71655
11. Extension
Requir ed Field
12. Federal Employer Identification Number (FEIN from IRS) *
Required F ield
13. NAICS code (must be at least 4-digits) *
Requir ed Field
111191
14. Number of non-family full-time equivalent employees
15. Annual gross revenue
16. Year established
N/A
17. Type of employer application (choose only one box below) *
Required Field
✔ Individual Employer
Association – Sole Employer (H-2A only) Association – Joint Employer (H-2A only) Association – Filing as Agent (H-2A only)
H-2A Labor Contractor or Job Contractor
D. Employer Point of Contact Information Important Note: The information contained in this Section must be that of an employee of the employer who is authorized to act on behalf of the employer in labor certification matters. The information in this Section must be different from the agent or attorney information listed in Section E, unless the attorney is an employee of the employer. For joint employer or master applications filed on behalf of more than one employer under the H-2A program, enter only the contact information for the main or primary employer (e.g., contact for an association filing as joint employer) under the application.
1. Contact’s last (family) name *
Requir ed F ield
2. First (given) name *
3. Middle name(s) *
Requir ed Field
Required Field
Alicia
Whitaker
N/A
4. Contact’s job title *
Partner
Required Field
5. Address 1 *
Required F ield
108 Birdy Lane 6. Address 2
PO Box 350, Dermott, AR 71638 7. City *
8. State *
AR
Required Field
Monticello
10. Country *
12. Telephone number *
Required Field
870-538-5005
Form ETA-9142A
Required Field
11. Province
13. Extension
14. E-Mail address
N/A
N/A
FOR DEPARTMENT OF LABOR USE ONLY
H-300-16362-809239 Case Number: ______________________
9. Postal code *
71655
N/A
Required Field
UNITED STATES OF AMERICA
Required Field
Case Status: __________________ CERTIFIED
Page 2 of 8
02/15/2017 12/03/2017 Validity Period: ______________ to _______________
OMB Approval: 1205-0466 Expiration Date: 05/31/2019
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
E. Attorney or Agent Information (If applicable) 1. Is/are the employer(s) represented by an attorney or agent in the filing of this application Yes (including associations acting as agent under the H-2A program)? If “Yes”, complete Section E. * 3. First (given) name § 4. Middle name(s) § 2. Attorney or Agent’s last (family) name § Required Field
PATRICIA
HALL
✔
No
M
5. Address 1 §
408 WEST MARIAN AVENUE 6. Address 2
N/A
7. City §
8. State §
LAKE PARK
GA
UNITED STATES OF AMERICA
N/A
10. Country §
9. Postal code §
31636
11. Province
12. Telephone number §
13. Extension
14. E-Mail address
229-559-6879
N/A
[email protected]
15. Law firm/Business name §
16. Law firm/Business FEIN §
AGWORKS H2, LLC
17. State Bar number (only if attorney) §
18. State of highest court where attorney is in good standing (only if attorney) §
N/A
N/A
19. Name of the highest court where attorney is in good standing (only if attorney) §
N/A F. Job Offer Information a. Job Description 1. Job Title *
Required F ield
Agricultural Equipment Operators 2. Number of hours of work per week
45_____ Basic *: __
3. Hourly Work Schedule *
Requir ed Field(Basic Hour s)
Required Fiel d
0 Overtime: _______
00 7 : ____ A.M. (h:mm): ___
4. Does this position supervise the work of other employees? * Yes ✔ No Required Fiel d
P.M. (h:mm): ___ 00__ 5 : __
4a. If yes, number of employees 0 worker will supervise (if applicable) § ______
5. Job duties – A description of the duties to be performed MUST begin in this space. If necessary, add attachment to continue and complete description. * Required Fi eld
SEE ADDENDUM Perform manual labor to plant, cultivate and harvest rice, cotton, corn and soybeans. Operate tractors, tractordrawn machinery, and self-propelled machinery to plow, harrow and fertilize soil, or to plant, cultivate, spray and harvest crops. Till soil and weed crops. Perform manual shovel work. Load harvested products. Use hand tools such as shovels, trowels, hoes, tampers, knives, grain scoops and brooms. Install and remove levy gates. Check rice fields daily for water levels. Complete end of season draining of fields with shovel. Receive rice crop for drying and storage at drying facility. Clean grain storage bins and surrounding site according to state requirements. Dispose of spoiled grain from pit and elevator area. Workers will unload grain bins and load into trucks. Chop grass out of fields. Clear
Form ETA-9142A
FOR DEPARTMENT OF LABOR USE ONLY
H-300-16362-809239 Case Number: ______________________
Case Status: __________________ CERTIFIED
Page 3 of 8
02/15/2017 12/03/2017 Validity Period: ______________ to _______________
OMB Approval: 1205-0466 Expiration Date: 05/31/2019
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
F. Job Offer Information (continued) b. Minimum Job Requirements 1. Education: minimum U.S. diploma/degree required *
Required Fiel d
✔ None High School/GED Associate’s Bachelor’s Master's Doctorate (PhD) Other degree (JD, MD, etc.) 1a. If “Other degree” in question 1, specify the diploma/ 1b. Indicate the major(s) and/or field(s) of study required § (May list more than one related major and more than one field) degree required §
N/A
N/A
2. Does the employer require a second U.S. diploma/degree? * Yes ✔ No 2a. If “Yes” in question 2, indicate the second U.S. diploma/degree and the major(s) and/or field(s) of study required § Required Fiel d
N/A 3. Is training for the job opportunity required? *
Yes
Required Fi eld
✔ No
3a. If “Yes” in question 3, specify the number of months of training required §
3b. Indicate the field(s)/name(s) of training required §
0
N/A
4. Is employment experience required? * 4a. If “Yes” in question 4, specify the number of months of experience required §
(May list more than one related field and more than one type)
✔ Yes
Required Fi eld
3
No
4b. Indicate the occupation required §
Farmwork
5. Special Requirements - List specific skills, licenses/certifications, and requirements of the job opportunity. *
Required Fiel d
SEE ADDENDUM Three months verifiable farmwork experience required. Perform prolonged bending, reaching, walking and lifting and carrying up to 60 pounds. Workers must climb 90 foot c. Place of Employment Information 1. Worksite address 1 *
Samson Partnership
Required Fi eld
2. Address 2
760 Masonville Rd. 3. City *
4. County *
McGehee
Desha
Required Fiel d
Required Fi eld
5. State/District/Territory *
AR
6. Postal code *
Required Fiel d
71654
Required Fi eld
7. Will work be performed in multiple worksites within an area of intended Yes No ✔ employment or a location(s) other than the address listed above? * 7a. If Yes in question 7, identify the geographic place(s) of employment with as much specificity as possible. If necessary, submit an attachment to continue and complete a listing of all anticipated worksites. § Required Fi eld
State Area Based On Area 1. Arkansas County/Township DESHA - SOUTH ARKANSAS NONMETROPOLITAN AREA 2. Arkansas County/Township DREW - SOUTH ARKANSAS NONMETROPOLITAN AREA 3. Arkansas Other Employers own/control all listed worksites in Drew, Desha, and Chicot Counties, AR. 4. Arkansas Other Continued on ETA Form 9142 Attachment 5. Arkansas County/Township CHICOT - SOUTH ARKANSAS NONMETROPOLITAN AREA
Form ETA-9142A
FOR DEPARTMENT OF LABOR USE ONLY
H-300-16362-809239 Case Number: ______________________
CERTIFIED Case Status: __________________
Page 4 of 8
12/03/2017 02/15/2017 Validity Period: ______________ to _______________
OMB Approval: 1205-0466 Expiration Date: 05/31/2019
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
G. Rate of Pay 1. Basic Rate of Pay Offered *
1a. Overtime Rate of Pay (if applicable) §
Required Fi eld
From:
38 10 $ _____ . ____
To (Optional):
0 00 $ _____ . ____
From:
0 00 $ _____ . ____
To (Optional):
0 00 $ _____ . ____
2. Per: (Choose only one) *
Required Field
✔ Hour Week Bi-Weekly Month Year Piece Rate 2a. If Piece Rate is indicated in question 2, specify the wage offer requirements: §
N/A
3. Additional Wage Information (e.g., multiple worksite applications, itinerant work, or other special procedures). If necessary, add attachment to continue and complete description. §
Employers may pay an end of season bonus to workers who complete the contract based on total number of seasons worked continuously and other applicable factors including, but not limited to crop condition and profitability.
H. Recruitment Information 1. Name of State Workforce Agency (SWA) serving the area of intended employment *
Required Fiel d
Arkansas Department of Workforce Services 2. SWA job order identification number *
2a. Start date of SWA job order *
2b. End date of SWA job order *
AR1842899
12/16/2016
07/10/2017
Required Fi eld
Required Fi eld
3. Is there a Sunday edition of a newspaper (of general circulation) in the area of intended employment? * Name of Newspaper/Publication (in area of intended employment for H-2B only) * 4. From: Required Fi eld
N/A
N/A
N/A
N/A
5.
From:
Required Fi eld
(In H-2A this date is 50% of contract period)
✔ Yes
No
Dates of Print Advertisement § To:
N/A To:
N/A
6. Additional Recruitment Activities for H-2B program. Use the space below to identify the type(s) or source(s) of recruitment, geographic location(s) of recruitment, and the date(s) on which recruitment was conducted. If necessary, add attachment to continue and complete description. * Required Fi eld
N/A
Form ETA-9142A
FOR DEPARTMENT OF LABOR USE ONLY
H-300-16362-809239 Case Number: ______________________
Case Status: __________________ CERTIFIED
Page 5 of 8
12/03/2017 02/15/2017 Validity Period: ______________ to _______________
OMB Approval: 1205-0466 Expiration Date: 05/31/2019
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
I. Declaration of Employer and Attorney/Agent In accordance with Federal regulations, the employer must attest that it will abide by certain terms, assurances and obligations as a condition for receiving a temporary labor certification from the U.S. Department of Labor. Applications that fail to attach Appendix A or Appendix B will be considered incomplete and not accepted for processing by the ETA application processing center. 1. For H-2A Applications ONLY, please confirm that you have read and agree to all the applicable terms, assurances and obligations contained in Appendix A. §
✔ Yes
No
N/A
2. For H-2B Applications ONLY, please confirm that you have read and agree to all the applicable terms, assurances and obligations contained in Appendix B. §
Yes
No
N/A
J. Preparer Complete this section if the preparer of this application is a person other than the one identified in either Section D (employer point of contact) or E (attorney or agent) of this application. 1. Last (family) name §
2. First (given) name §
3. Middle initial §
N/A
N/A
N/A
4. Job Title §
N/A
5. Firm/Business name §
N/A 6. E-Mail address §
N/A
K. U.S. Government Agency Use (ONLY) Pursuant to the provisions of Section 101 (a)(15)(h)(ii) of the Immigration and Nationality Act, as amended, I hereby certify that there are not sufficient U.S. workers available and the employment of the above will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. By virtue of the signature below, the Department of Labor hereby acknowledges the following:
12/03/2017 02/15/2017 This certification is valid from _______________________ to _______________________.
01/10/2017 ______________________________ Determination Date (date signed)
______________________________________________ Department of Labor, Office of Foreign Labor Certification
H-300-16362-809239
______________________________ CERTIFIED Case Status
______________________________________________ Case number Public Burden Statement (1205-0466)
Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Public reporting burden for this collection of information is estimated to average 1 hour to complete the form, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this data collection is required to obtain/retain benefits (Immigration and Nationality Act, 8 U.S.C. 1101, et seq.). Please send comments regarding this burden estimate or any other aspect of this information collection to the Office of Foreign Labor Certification * U.S. Department of Labor * Box 12-200 * 200 Constitution Ave., NW, * Washington, DC *. Please _____ do not send the completed application to this address.
Form ETA-9142A
FOR DEPARTMENT OF LABOR USE ONLY
H-300-16362-809239 Case Number: ______________________
Case Status: __________________ CERTIFIED
Page 6 of 8
12/03/2017 02/15/2017 Validity Period: ______________ to _______________
OMB Approval: 1205-0466 Expiration Date: 05/31/2019
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
ADDENDUM
ADDENDUM SECTION F.a.5: Additional Notes Regarding Job Duties and maintain irrigation ditches. Load cotton bales, pick up and load loose cotton. Hand chop and rogue cotton. Assist with mechanical planting of crops, ensuring that hoppers are filled properly. Repair fences, farm buildings and grain bins. Participate in irrigation activities including setting up and operating irrigation equipment. Repair and maintain farm vehicles, implements, and mechanical equipment. Inform farmers or farm managers of crop progress. Identify plants, pests, and weeds to determine the selection and application of pesticides and fertilizers. Apply pesticides, herbicides and fertilizers. Perform farm, field and shed sanitation duties. Record information about crops, such as pesticide use, yields, or costs. Employer is a drug-free workplace. Drug testing is conducted post-hire at the employer's expense and is not part of the interview process. Workers are expected to possess the skills to work in the production of crops listed. The introductory period for all crop activities is 2 days starting with the first day of employment to acclimate the worker to the physical demands of farm work and to familiarize workers with job specifications and to demonstrate proper harvesting methods and other crop specific issues. Workers must adhere to all safety rules as instructed by the supervisor. Workers must take care to handle tools, equipment and crops in a manner to avoid injury or damage. The employer will comply with all Federal, State and local safety requirements. Operational specifications can change during the season due to crop or market condition. Workers will be expected to conform to the specific instructions given for each day's work. Instructions and general supervision will be provided by the employer or a designated employee. Workers will have close supervision to insure adherence to instructions. Work will be closely monitored and reviewed for quality. Daily individual work assignments, crew assignments and location of work will be made by the employer or designated employee as the needs of the operation dictate. Workers may be assigned a variety of duties in any given day and different tasks on different days.
Form ETA-9142A
FOR DEPARTMENT OF LABOR USE ONLY
H-300-16362-809239 Case Number: ______________________
CERTIFIED Case Status: __________________
Page 7 of 8
02/15/2017 12/03/2017 Validity Period: ______________ to _______________
OMB Approval: 1205-0466 Expiration Date: 05/31/2019
H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor
ADDENDUM
ADDENDUM SECTION F.b.5: Special Requirements ladders and work in elevated environments at grain storage and grain elevators. Most job duties require workers to work in extreme temperatures ranging from approximately 30-100 degrees in wet or dry conditions. Hazardous occupation.
Form ETA-9142A
FOR DEPARTMENT OF LABOR USE ONLY
H-300-16362-809239 Case Number: ______________________
CERTIFIED Case Status: __________________
Page 8 of 8
02/15/2017 12/03/2017 Validity Period: ______________ to _______________
