(1) An employer must submit an H-2A application in the manner and on a form prescribed by the department. The H-2A application is not subject to chapter 50.13 RCW.

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(2) The department may not process an H-2A application if the:
(a) Employer refuses to agree to be subject to field checks and field visits; or
(b) Department discontinued services to the employer pursuant to 20 C.F.R. part 658, Subpart F and that discontinuation remains in effect.