What Redetermination of Need means to ag employers

Redetermination of Need in the H-2A program refers to a process where an employer can request a reevaluation of their need for foreign labor if their initial labor certification was denied or partially granted due to the availability of U.S. workers, and those workers later become unavailable. This procedure allows employers to demonstrate that the previously identified U.S. workers are no longer able, willing, or qualified to perform the work, thus justifying the need for H-2A workers. The Department of Labor is required to make this new determination within 72 hours of the request. This process ensures that employers can secure the necessary workforce when domestic labor commitments fall through.

Enter your email for more resources and best practices

(we send around one email each week)