US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.
To assist H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a sixth round of Frequently Asked Questions (FAQs) providing clarifications on several H-2A issues raised recently.
Please check attachment to read round Six FAQs.
The Department of Labor is amending its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal nonagricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This Final Rule revises the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H–2B status.
This Final Rule is effective April 23, 2012.
PERM statistics from DOL’s Office of Foreign Labor Certification for year-to-date FY2012, including total number of applications received, total number of applications processed, PERM processing priority dates, and breakdown of active PERM cases at the DOL.
Wage and Hour Division (WHD)
WHD H-2B Side-by-Side Comparison of the 2009 and 2012 Rules
February, 2012
Temporary Non-Agricultural Employment of H-2B Aliens in the United States. The Department has placed on the table for publication in the Federal Register a Final Rule amending the regulations governing the labor certification process for the temporary employment of H-2B foreign workers in the United States, codified at 20 CFR part 655, and enforcement of employer obligations under the H-2B program, codified at 29 CFR Part 503. The new regulations will be published in the Federal Register on February 21, 2012, and will go into effect on April 23, 2012.
The Department’s H-2A regulations at 20 CFR 655.120(l) provide that employers must pay their H-2A workers and workers in corresponding employment at least the highest of: (i) the Adverse Effect Wage Rate (AEWR); (ii) the prevailing wage; (iii) the prevailing piece rate; (iv) the agreed-upon collective bargaining wage, if applicable; or (v) the Federal or State minimum wage, in effect at the time the work is performed.
United Parcel Service (UPS) announced that they will not be providing delivery or pick-up services on Friday, December 23, 2011. The public is encouraged to submit their correspondence timely to the Chicago National Processing Center, being mindful of the holiday schedule if using UPS. The Chicago National Processing Center will endeavor to ensure all H-2A and H-2B deadlines for December 23 and 26, 2011 will be met by December 22, 2011.
The OFLC Program Debarments List has been updated.
Click attachment to view this list.
To assist prospective H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a new Employer Guide for Participating in the H-2A Temporary Agricultural Program. This guide summarizes and explains key regulatory requirements for a U.S. employer to participate in the H-2A Program, including what documents to file, important timeframes and deadlines, helpful filing tips, and how to contact the OFLC Chicago National Processing Center for further assistance.
On November 18, 2011, the President signed into law the Consolidated and Further Continuing Appropriations Act, 2012, Public Law 112-55. The legislation contains language prohibiting the Department from implementing, administering, or enforcing, before January 1, 2012, the H-2B Wage Rule. Based on Congressional intent to continue to implement the current H-2B regulations, the Department has published a Final Rule extending the effective date of the Wage Rule to apply to work performed on and after January 1, 2012.