How to Fill Out Form ETA-790

Form ETA-790 at a glance

What it is: Form ETA-790 is the Agricultural Clearance Order Form of the U.S. Department of Labor.

Where and when to file: Under 20 CFR 653.500, employers submit the completed Form ETA-790 to the State Workforce Agency (SWA). An H-2A order, in connection with Form ETA-9142A, attaches ETA-790A.

A filled-in Form ETA-790 example: a farm places a clearance order

Form ETA-790 example filled out, example: a farm places a clearance order
Example Farms LLC files Form ETA-790 to recruit a harvest crew. Its order is not placed in connection with an H-2A application, so 790B is ticked. Nothing goes in Clearance Order Information because it is for State Workforce Agency (SWA) use only. The 790A box stays empty because the order is not an H-2A order. The picture shows the filled form, and every value in it is made up.

How to fill out Form ETA-790, box by box

Clearance Order Information

Form ETA-790 example filled out, clearance Order Information

FOR STATE WORKFORCE AGENCY (SWA) USE ONLY, questions 1 through 17 of I. Clearance Order Information: 1. Clearance Order Number, 2. Clearance Order Issue Date and 3. Clearance Order Expiration Date.

Employer name and contact

Form ETA-790 example filled out, employer name and contact

In II. Employer Contact Information, enter the Legal Business Name in box 1 and the Trade Name/Doing Business As (DBA), if applicable, in box 2.

For the contact in II. Employer Contact Information, enter the Contact's last (family) name in box 3, the First (given) name in box 4, the Middle name(s) in box 5 and the Contact's job title in box 6.

Employer address and telephone

Form ETA-790 example filled out, employer address and telephone

For the address in II. Employer Contact Information, enter Address 1 in box 7, Address 2 (suite/floor and number) in box 8, the City in box 9, the State in box 10 and the Postal code in box 11.

For the telephone in II. Employer Contact Information, enter the Telephone number in box 12, the Extension in box 13 and the Business email address in box 14.

FEIN and NAICS Code

Form ETA-790 example filled out, fEIN and NAICS Code

Box 15 of II. Employer Contact Information is the Federal Employer Identification Number (FEIN from IRS) and box 16 is the NAICS Code.

Type of Clearance Order

Form ETA-790 example filled out, type of Clearance Order

In III. Type of Clearance Order, indicate the type of agricultural clearance order being placed with the SWA for recruitment of U.S. workers: 790A (placed in connection with an H-2A application) or 790B (not placed in connection with an H-2A application), choose only one.

If your situation is different

You are placing an agricultural clearance order

In accordance with 20 CFR 653.500, all employers seeking U.S. workers to perform agricultural services or labor on a temporary, less than year-round basis through the Agricultural Recruitment System for U.S. Workers, must submit a completed job clearance order (Form ETA-790) to the State Workforce Agency (SWA) for placement on its intrastate and interstate job clearance systems. Employers submitting a job order in connection with an H-2A Application for Temporary Employment Certification (Form ETA-9142A) must complete the Form ETA-790 and attach a completed ETA-790A. All other employers submitting agricultural clearance orders must complete the Form ETA-790 and attach a completed ETA-790B. Employers and authorized preparers must read the general instructions carefully, complete ALL required fields/items containing an asterisk ( * ), and any fields/items where a response is conditional as indicated by the section ( § ) symbol.

Sources

[1] Agricultural Clearance Order Form ETA-790 (OMB 1205-0466, expiration 11/30/2025), U.S. Department of Labor (the Official source link on this page).

ETA 790 Agricultural Clearance Order Form PDF Details

A job order in connection with an H-2A Application for Temporary Employment Certification (Form ETA-9142A) attaches ETA-790A. All other agricultural clearance orders attach a completed ETA-790B.

Required fields: Complete ALL required fields containing an asterisk ( * ), and any field where a response is conditional, marked with the section ( § ) symbol.

Section I: Clearance Order Information, questions 1 through 17, is FOR STATE WORKFORCE AGENCY (SWA) USE ONLY.

Employer items: Item 15 is the Federal Employer Identification Number (FEIN from IRS) and item 16 is the NAICS Code.

Type of Clearance Order: Choose only one: 790A (placed in connection with an H-2A application) or 790B (not placed in connection with an H-2A application).

QuestionAnswer
Form NameETA 790 Agricultural Clearance Order Form
Form Length1 page
Fillable?Yes
Fillable fields35
Avg. time to fill out6 min
Other namesForm ETA-790, ETA 790, Eta Form 790, Agricultural Clearance Order Form
Official sourceAgricultural Clearance Order Form ETA-790, U.S. Department of Labor