Did you obtain a Department of Labor temporary labor certification (ETA-9142A for H-2A, ETA-9142B for H-2B) before filing the I-129?
The temporary labor certification (TLC) is the foundational document and must be filed within strict windows: 60–75 days before the date of need for H-2A under 20 CFR § 655.130, and 75–90 days before for H-2B under 20 CFR § 655.15. The job order, recruitment plan, prevailing-wage determination, and housing/transportation specifics all flow from the TLC. Errors in the TLC compound through the entire petition — once the TLC is certified with a defective term, USCIS will hold the I-129 to the same defective standard.
Context & Examples
Real example — Stockton orchard, 22 H-2A workers. We took over from a labor contractor who had filed three TLCs in three years with progressively worse defects. We rebuilt: filed TLC 78 days before need (within the 60–75 window with our own buffer), drafted job order with surgical precision on duties (no "and other duties as assigned" — that gets denied), nailed the prevailing wage with AEWR cross-check, and pre-positioned the housing inspection with Cal/OSHA. TLC certified without RFE. I-129 approved in 21 days. All 22 workers consular-processed in Monterrey on schedule.
Horror story — Modesto vineyard, prior season. A neighbor vineyard tried H-2A pro se with their farm manager handling paperwork. They filed the TLC 50 days before need (under the window), used a cookie-cutter job order copied from a different employer's certified TLC (which DOL caught and audited), and the prevailing wage was understated by $1.40/hour. The TLC was denied. Without certified workers, they lost the entire pinot noir harvest — $1.2M in spoiled grapes.
Why an attorney is essential: The TLC window is non-negotiable. Filing one day early or one day late kills the season.
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