Visa Lawyer Blog
The Department of Labor announced Public Briefings on the Changes to the Labor Certification Process for the Temporary Agricultural Employment of H-2A Aliens in the United States. Members of our office will attend the briefings tomorrow in San Diego.
On February 12, 2010, the Department of Labor (the Department or DOL) amended the H-2A regulations at 20 CFR part 655 governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment. See, Temporary Agricultural Employment of H-2A Aliens in the United States, Final Rule, 75 FR 6884, Feb. 12, 2010 (the Final Rule). The Department’s Final Rule also amended the regulations at 29 CFR part 501 to provide for enhanced enforcement under the H-2A program requirements when employers fail to meet their obligations under the H-2A program. The Department has also made changes to the Application for Temporary Employment Certification, ETA Form 9142.
The Final Rule will become effective on March 15, 2010. All H-2A program users will be required to file their applications under the new regulations, and to comply with all applicable program requirements.
The Department is issuing this notice to announce that it has scheduled three public briefings to educate stakeholders, program users, and other interested members of the public on changes to the H- 2A program made by the Final Rule and on applying for H-2A temporary labor certifications under the new regulations using the ETA Form 9142.
As currently planned, the three briefings will take place in late February and early March of 2010 in San Diego, California; Dallas, Texas; and Raleigh, North Carolina.