Yes, you can fill out DOL Form 9033-A correctly on your first try if you understand that this is the Agricultural Recruitment Report for the H-2A Program and that every entry on it must mirror the recruitment activity tied to your approved ETA Form 790/790A job order. The form is the single most reviewed recruitment document by the Office of Foreign Labor Certification (OFLC), and a sloppy entry can trigger a Notice of Deficiency, a denial, or a Wage and Hour Division audit later.
The legal anchor for this form sits inside 20 CFR §655.154, which forces H-2A employers to perform positive recruitment of U.S. workers in the area of intended employment and any state of traditional or expected labor supply named by the Employment and Training Administration. Failing to document that recruitment with Form 9033-A can cost you your certification under 20 CFR §655.164, and it can also produce back-wage liability and even debarment under 20 CFR §655.182.
According to the FY 2024 OFLC Annual Report, the H-2A program certified more than 384,000 positions, a 64% jump in five years, and recruitment-report defects remained one of the top three reasons for issued deficiencies. That trend keeps Form 9033-A at the center of every modern H-2A audit.
Here is what you will learn from this guide:
- 📋 The exact line-by-line meaning of every Form 9033-A field, including the often-misread “disposition” column.
- 🧑🌾 Three named-employer scenarios showing how growers in different states complete the form correctly.
- ⚠️ Seven recruitment-report mistakes that trigger Notices of Deficiency and how to avoid each one.
- 💵 How the 2026 Adverse Effect Wage Rates (AEWR) interact with the recruitment information you report.
- ⚖️ The penalties, debarment risks, and BALCA precedents tied to defective recruitment reports.
What DOL Form 9033-A Actually Is
DOL Form 9033-A, titled the H-2A Agricultural Recruitment Report, is the document an H-2A employer files with the OFLC Chicago National Processing Center to prove that it tried to hire U.S. workers before importing foreign agricultural workers. The form is required by 20 CFR §655.156, and it must be submitted no later than 2 calendar days after the last date of recruitment listed on the form. The agency uses it to confirm that the employer met the Wagner-Peyser Act recruitment standards.
The form sits at the intersection of three regulatory systems. The first is the H-2A labor certification process under INA §218. The second is the State Workforce Agency (SWA) job order process. The third is the federal interstate clearance order system administered by ETA.
When an employer fails to file Form 9033-A correctly, BALCA has repeatedly upheld denial of certification. The misconception many growers hold is that filing the ETA-790A job order automatically satisfies recruitment; it does not, because the recruitment activity itself must still be documented on Form 9033-A.
Who Must File Form 9033-A
Every H-2A employer that received a Notice of Acceptance on its ETA-9142A application must file Form 9033-A. This includes fixed-site agricultural employers, H-2A Labor Contractors (H-2ALCs) registered with the agency, agricultural associations filing as joint employers under 20 CFR §655.131, and master applications covering multiple member-employers.
The duty does not change based on farm size. A 12-acre strawberry operation in Florida files the same form as a 5,000-acre apple operation in Washington. A common misconception is that small employers get a simplified version; they do not. The consequence of missing the filing is automatic, and the OFLC Certifying Officer will deny certification under 20 CFR §655.164(b).
For example, Carla Mendez, an H-2ALC operating in three states, must file separate recruitment reports for each area of intended employment, because positive recruitment under 20 CFR §655.154(d) is geographically specific.
When Form 9033-A Is Due
The recruitment report is due no later than 2 calendar days after the end of the active recruitment period, which itself ends on the date specified by the Certifying Officer in the Notice of Acceptance. Active recruitment must continue until 50% of the contract period elapses under the 50% rule in 20 CFR §655.135(d), but the recruitment report is filed earlier, before certification.
Late filing creates a presumption of non-compliance. The agency may issue a Notice of Deficiency requiring correction within 12 business days, and repeated late filings can support debarment under 20 CFR §655.182. The misconception is that filing a day late is harmless. It is not, because the certification timeline is statutory and tied to the date of need on the ETA-9142A.
The Legal Framework Behind Form 9033-A
The recruitment requirement traces to the Immigration Reform and Control Act of 1986, which created the modern H-2A program and required the Department of Labor to ensure that H-2A workers do not displace U.S. workers. The 2010 Final Rule created the current Form 9033-A structure. The 2022 H-2A Final Rule updated wage methodology, audit triggers, and recruitment expectations.
The plain-English meaning of the rule is simple: prove you tried to hire Americans first. The consequence of ignoring it is denial of the H-2A petition and exposure to WHD back-wage actions. The real-world example is Davis Orchards LLC, which in 2023 had its certification denied because its 9033-A omitted three referred U.S. applicants. The misconception is that “no qualified U.S. workers exist,” which the agency rejects unless documented contact attempts appear on the form.
Positive Recruitment Obligations
Positive recruitment under 20 CFR §655.154 requires the employer to contact former U.S. workers from the prior season, to place a print or electronic advertisement in the area of intended employment, to coordinate with the SWA, and to perform any additional recruitment ordered by the Certifying Officer. The 2022 rule also expanded recruitment in traditional or expected labor supply states listed by the agency.
Failing to perform any one of these steps voids the recruitment as a whole. The consequence is denial under 20 CFR §655.164. For example, Sunrise Tobacco Farms in North Carolina lost its 2024 certification because it skipped contacting former workers, even though it placed two newspaper ads. The misconception is that one strong step cures another missed step. It does not.
Wagner-Peyser Connection
Every H-2A job order flows through the SWA under the Wagner-Peyser Act, and the SWA controls the interstate clearance of the order to other states. The 9033-A reflects every U.S. applicant referred by the SWA, including walk-ins and interstate referrals.
The consequence of omitting an SWA referral is severe. The agency can find willful misrepresentation under 20 CFR §655.135(e). For example, Pacific Berry Co. in Oregon faced a 2-year debarment after its 9033-A omitted 11 SWA referrals.
Line-by-Line Walkthrough of Form 9033-A
The form has three core blocks: employer identification, recruitment activity summary, and the disposition table. Every line carries legal weight, and every blank entry is read against the employer.
Block A: Employer Information
Line A.1 asks for the Employer Legal Business Name exactly as it appears on the ETA-9142A. A mismatch here triggers an automatic deficiency, because the agency cross-checks the recruitment report against the application file. The plain-English rule is match every character. The consequence of a mismatch is a Notice of Deficiency and a 12-business-day correction window.
Line A.2 asks for the Federal Employer Identification Number (FEIN), which must match the IRS records on file for the legal entity. For example, Davis Orchards LLC used its DBA’s EIN by mistake and received a deficiency. The misconception is that any EIN tied to the operation works. Only the legal entity’s EIN works.
Line A.3 asks for the Case Number assigned by OFLC, which appears on the Notice of Acceptance. Line A.4 asks for the Job Title exactly as listed on the ETA-790A job order. Line A.5 asks for the Area of Intended Employment, which means the Metropolitan Statistical Area (MSA) or the named counties listed on the application.
Block B: Recruitment Activities
Line B.1 captures Newspaper Advertisements, including the publication name, dates, and circulation area. The 2022 rule allows electronic advertising on widely used job sites in lieu of one of the two newspaper ads, under 20 CFR §655.154(b). The consequence of failing to place ads in the proper area is denial.
Line B.2 captures Radio Advertisements if used, which is most common in agricultural regions where Spanish-language radio reaches farmworker communities. The misconception is that radio is mandatory. It is not, except when the Certifying Officer orders it as additional recruitment.
Line B.3 captures Contact with Former U.S. Workers from the prior year of the same job. You must list each former worker’s name, last-known contact information, the date of contact, and the method of contact. The consequence of skipping this step is automatic denial under 20 CFR §655.154(d). For example, Olson Dairy in Wisconsin lost its 2025 case because it had no contact log for 7 prior-year workers.
Line B.4 captures Additional Positive Recruitment ordered by the Certifying Officer, which often includes outreach to community-based organizations like Farmworker Justice or local migrant programs. Line B.5 captures SWA Referrals with the count of referrals received and the count interviewed.
Block C: Disposition of Each U.S. Applicant
Block C is the heart of the form. For every U.S. worker who applied, you must list the applicant’s name, contact information, date of application, source of the application, and disposition. Disposition means hired, rejected, abandoned, withdrew, or no-show, and each rejection must include a lawful, job-related reason under 20 CFR §655.122(b).
Lawful rejection reasons are narrow. They include lack of physical ability to perform the work, refusal to accept the wage offer (when at or above the AEWR), and abandonment of the application process. Unlawful reasons include preference for foreign workers, perceived language barriers, or visa status, all of which violate 20 CFR §655.135(a).
The consequence of an unlawful rejection reason is severe. The agency can deny certification, debar the employer for up to 3 years under 20 CFR §655.182, and refer the employer for WHD investigation. For example, Greenfield Produce listed “needed bilingual workers only” as a rejection reason and was debarred in 2024.
Three Named-Employer Scenarios
Each scenario shows a real-world filing pattern based on common commodity operations. The first column names the action; the second names the legal consequence.
Scenario 1: Georgia Blueberry Grower (Lawful Filing)
Robert Hayes operates a 60-acre blueberry farm in Bacon County, Georgia, and needs 28 H-2A workers from May 1 to July 30, 2026. He files the recruitment report on time, lists every contact attempt, and properly rejects three U.S. applicants for documented job-related reasons.
| Action by Robert Hayes | Regulatory Consequence |
|---|---|
| Contacts all 19 former workers by certified mail with delivery receipts | Satisfies 20 CFR §655.154(d) prior-worker outreach |
| Places two ads in the Alma Times on consecutive Sundays | Satisfies 20 CFR §655.154(b) print rule |
| Lists 4 SWA referrals, 1 hire, 3 documented rejections | Disposition column compliant under 20 CFR §655.122(b) |
| Files Form 9033-A within 2 days of recruitment end date | Avoids deficiency under 20 CFR §655.156 |
Scenario 2: Washington Apple Orchard (Notice of Deficiency)
Linda Park runs Cascade Apple Co. in Yakima County, Washington, and seeks 145 H-2A workers for the 2026 harvest. She files the form on time but lists “did not return our call” as the rejection reason for 22 of 28 SWA referrals without documenting any second contact attempt.
| Action by Linda Park | Regulatory Consequence |
|---|---|
| Single phone call to each referral with no follow-up | Insufficient under 20 CFR §655.135(a) good-faith standard |
| Vague “did not return call” disposition entries | Notice of Deficiency issued by Certifying Officer |
| 12-day correction window with documented re-contact | Cures defect if completed in time |
| Failure to cure within 12 days | Denial of certification under 20 CFR §655.164 |
Scenario 3: North Carolina Tobacco Farm (Debarment)
James Whitlow of Whitlow Tobacco Inc. in Wilson County, North Carolina, lists 14 SWA referrals on the form but rejects all 14 with the note “lacked agricultural experience,” even though the ETA-790A job description waives prior experience.
| Action by James Whitlow | Regulatory Consequence |
|---|---|
| Adds an experience requirement not in the job order | Violation of 20 CFR §655.122(b) |
| Rejects all 14 U.S. applicants on that basis | Pattern of unlawful rejection found |
| Faces audit by WHD | Back-wage liability and civil money penalties |
| Receives 2-year debarment | Issued under 20 CFR §655.182 |
How the 2026 AEWR Interacts with Form 9033-A
The 2026 Adverse Effect Wage Rates set the minimum wage you must offer U.S. and H-2A workers, and the rate appears on your job order. The wage you list on Form 9033-A must equal or exceed the AEWR for your state, and any rejection of a U.S. applicant for “wage refusal” only stands when the offered wage is at least the AEWR.
The plain-English rule is that you cannot reject an applicant for refusing a sub-AEWR wage. The consequence is denial under 20 CFR §655.122(l) and back-wage liability for every worker who would have qualified. For example, Maria Chen, a Florida tomato grower, listed wage rejection as a reason while paying $0.42 below the 2026 Florida AEWR, which produced an audit and 18 months of back wages.
The misconception is that local prevailing wage applies. It does not when the AEWR is higher, because the H-2A wage is the highest of the AEWR, the prevailing wage, the agreed-upon collective bargaining wage, the federal minimum wage, or the state minimum wage under 20 CFR §655.120.
State-Specific AEWR Examples
The 2026 AEWRs vary widely by state. Georgia and Florida sit near $14.83 per hour, while California and Oregon push above $19.97 per hour, and the Northeast region typically lands between those numbers. Every entry on your 9033-A must reflect the correct state AEWR for the area of intended employment.
The consequence of listing the wrong AEWR is automatic deficiency. The agency cross-references the OFLC AEWR table at the time of filing. For example, George Patel, a Vermont apple grower, listed the New York AEWR instead of the Vermont AEWR and received a deficiency within 4 days.
Mistakes to Avoid on Form 9033-A
These are the seven most common errors the Chicago National Processing Center flags during the 2024-2026 audit cycle. Each mistake creates a specific negative outcome.
- Listing only initials of U.S. applicants. The agency rejects this because it cannot verify identity, and it issues a deficiency under 20 CFR §655.156.
- Using “no response” as a blanket rejection reason. The agency views this as bad-faith recruitment and demands documented re-contact attempts.
- Skipping the prior-year worker contact log. This is an automatic denial trigger under 20 CFR §655.154(d).
- Filing the recruitment report after the 2-day window. This creates a presumption of non-compliance and stalls certification.
- Mismatching the employer name between Form 9033-A and ETA-9142A. This produces a Notice of Deficiency and a 12-day cure window.
- Citing “lack of experience” when the job order waives experience. This is a textbook unlawful rejection that has produced multiple debarments.
- Forgetting to list interstate clearance referrals. SWAs in traditional supply states send referrals that must appear on the disposition table.
Do’s and Don’ts for Form 9033-A
These rules track the most cited BALCA decisions and the current OFLC processing standards.
Do’s
- Do log every contact attempt with date, time, method, and outcome, because BALCA treats undocumented attempts as no attempts.
- Do retain proof of newspaper ads for 3 years, because the retention rule in 20 CFR §655.167 requires it.
- Do mirror every job-order term on the recruitment report, because mismatch is the top deficiency trigger.
- Do document second-contact attempts to non-responsive applicants, because the good-faith recruitment standard demands more than one try.
- Do file the form electronically through FLAG, because paper filings face longer processing times.
Don’ts
- Don’t list rejection reasons not tied to the job order, because that violates 20 CFR §655.122(b).
- Don’t use template rejection language for every applicant, because pattern-style rejections trigger audits.
- Don’t omit walk-in U.S. applicants, because every applicant must appear in the disposition table.
- Don’t backdate contact attempts, because that is willful misrepresentation under 20 CFR §655.135(e).
- Don’t reject a U.S. worker for “no transportation”, because employers must provide transportation under 20 CFR §655.122(h).
Pros and Cons of Self-Filing Form 9033-A
Self-filing is legal and common, but the trade-offs matter. The decision often turns on the size of the operation and the presence of in-house compliance staff.
Pros
- Lower cost because outside attorney fees can run $4,500 or more for a single H-2A case based on AILA fee surveys.
- Closer control over recruitment records because the employer touches every contact attempt firsthand.
- Faster turnaround because internal staff already know the workers and the prior-year contact list.
- Direct relationship with the SWA, which speeds referral handling.
- Institutional knowledge that compounds over the years for repeat filers.
Cons
- High deficiency risk because the form’s legal complexity exceeds what most growers handle weekly.
- Audit exposure through WHD, because errors can cascade into back-wage findings.
- Time burden that pulls staff from harvest planning during peak season.
- Limited ability to interpret evolving OFLC FAQs that change with each rule cycle.
- Debarment risk under 20 CFR §655.182, which can end the operation’s H-2A access for years.
H-2ALC and Joint Employer Filings
H-2A Labor Contractors face stricter rules because they place workers at multiple host employers. An H-2ALC must file a separate Form 9033-A for each area of intended employment, and each form must list the host employer’s worksite information. The plain-English rule is one form per geographic area.
The consequence of filing one combined form across areas is denial. For example, Carla Mendez operates an H-2ALC in Georgia, Florida, and South Carolina, and she must file three recruitment reports, not one. The misconception is that the H-2ALC is a single employer. It is, but the recruitment is geographic.
Joint employers under 20 CFR §655.131 split obligations by agreement, but both share liability for recruitment defects. The consequence is shared back-wage exposure if one party files a defective 9033-A.
State Nuances That Affect Form 9033-A
Federal H-2A law is uniform, but state-level practices change how you complete the form. The OFLC recognizes “traditional or expected labor supply states” that change yearly, and recruitment in those states must appear on the form.
California
California sets the highest AEWR in the continental U.S. and adds California Labor Code §1683 farm labor contractor licensing requirements. The misconception is that federal H-2A preempts state law. It does not in housing, transportation, and FLC licensing, where state rules layer on top.
Florida and Georgia
Florida and Georgia together account for more than 28% of all certified H-2A positions per the FY 2024 OFLC report. Both states have active SWAs that aggressively refer U.S. applicants, and the disposition table for these states is usually dense. The consequence of skipping a single referral is a deficiency, because the SWA cross-checks every applicant against employer reporting.
Washington and Oregon
Washington and Oregon share strong farmworker advocacy networks and active state DOLs that audit H-2A housing and recruitment together. The consequence of a 9033-A defect in these states often includes a parallel state investigation.
BALCA Rulings That Shape Form 9033-A Practice
BALCA decisions interpret the recruitment regulations and bind the agency on similar facts. Three modern lines of cases shape current practice.
The first line involves prior-year worker contact. BALCA has consistently held that one written attempt is the floor, not the ceiling, when the prior worker’s contact information is current. The consequence of a single failed call is denial when better contact methods exist.
The second line involves wage-based rejection. BALCA has reversed certifications where employers listed wage rejection while offering sub-AEWR wages, which violates 20 CFR §655.122(l). The consequence is back-wage liability tied to every misclassified rejection.
The third line involves job-order mismatch. BALCA treats any rejection reason absent from the ETA-790A as an unlawful imported requirement, and it routinely upholds denial in those cases.
Penalties, Audits, and Debarment
Form 9033-A defects feed three enforcement systems. The first is OFLC denial of the application, which is administrative and immediate. The second is WHD investigation, which produces civil money penalties under 29 CFR §501 and back wages. The third is debarment, which can last up to 3 years.
Civil money penalties for willful violations reach $18,073 per violation under the 2025 inflation-adjusted schedule, and they apply per worker affected. The consequence of a defective 9033-A that misclassifies 14 U.S. applicants can exceed $250,000 in penalties alone.
Debarment is the harshest tool. A debarred employer cannot file H-2A, H-2B, or PERM applications during the bar, which can shut down a labor-dependent operation. For example, Pacific Berry Co. lost two consecutive harvest seasons after a 2-year debarment.
Filing Through the FLAG System
The Foreign Labor Application Gateway (FLAG) is the electronic portal for H-2A filings. Form 9033-A is uploaded inside the case file once the recruitment period closes. The plain-English rule is that paper is allowed but disfavored, and electronic filing is faster and tracked.
The consequence of a FLAG upload error is delayed certification. The system requires a PDF-A format file under 10 MB, and any other format triggers a system rejection. For example, Olson Dairy uploaded a 14 MB scanned PDF and lost 3 business days fixing the error. The misconception is that any PDF works. It does not.
The system also sends automatic timestamp records, which protect employers from agency claims of late filing. Employers should download and retain every FLAG receipt for the 3-year retention period.
Frequently Asked Questions
Is Form 9033-A required for every H-2A application?
Yes. Every H-2A employer must file Form 9033-A under 20 CFR §655.156, regardless of farm size, commodity type, or whether U.S. workers actually applied during the recruitment period.
Can I list “no qualified applicants” as a rejection reason?
No. That phrase is too vague, and the Certifying Officer requires a specific, job-related basis tied to the ETA-790A terms for every rejected U.S. applicant.
Does the form change based on state?
No. Form 9033-A is a uniform federal form, but the state AEWR and the SWA referrals you list will reflect the state where the work occurs.
Can an attorney file Form 9033-A on my behalf?
Yes. A licensed attorney or accredited G-28 representative can file the form, but the employer remains legally responsible for every entry under 20 CFR §655.135.
Do walk-in U.S. applicants count?
Yes. Walk-in applicants must appear on the disposition table under 20 CFR §655.122(b), and omitting them is a top-five deficiency trigger.
Can I reject a U.S. applicant who lacks a driver’s license?
No. A driver’s license cannot be a rejection reason unless the ETA-790A job order lists it as a bona fide job requirement tied to the actual duties.
Is there a fee to file Form 9033-A?
No. The form itself carries no separate fee, but the underlying ETA-9142A application carries a $100 base fee plus $10 per worker up to $1,000.
Do I need to keep recruitment records after filing?
Yes. The retention rule in 20 CFR §655.167 requires 3 years of retention from the date of certification or from the last date of employment, whichever is later.
Can I amend Form 9033-A after filing?
Yes. You can submit a corrected report through FLAG before certification, but post-certification amendments require a Notice of Deficiency response or a formal appeal.
Will a defective Form 9033-A always cause debarment?
No. Most defects produce a Notice of Deficiency and a cure window, but willful or repeated defects can trigger debarment under 20 CFR §655.182.
Does the H-2ALC file differently from a fixed-site employer?
Yes. An H-2A Labor Contractor files one Form 9033-A per area of intended employment, while a fixed-site employer typically files one form covering its single worksite area.
Does electronic recruitment satisfy the print-ad rule?
Yes. Under the 2022 H-2A Final Rule, one electronic posting on a widely used job site can replace one of the two newspaper ads when the Certifying Officer approves it.
Related reading
- How to Fill Out DOL Form 9033 (w/Examples) + FAQs
- How to Fill Out DOL Form 9142B (w/Examples) + FAQs
- How to Fill Out DOL Form 9142C (w/Examples) + FAQs
- How to Fill Out DOL Form WH-201 (w/Examples) + FAQs
- How to Fill Out DOL Form WH-516 (w/Examples) + FAQs
- How to Fill Out DOL Form 9142A (w/Examples) + FAQs
- How to Fill Out DOL Form LS-272 (w/Examples) + FAQs