H-2 Visa News

On August 30, 2010, the U.S. District Court for the Eastern District of Pennsylvania in Comitè de Apoyo a los Trabajadores Agricolas (CATA) v. Solis, et al., Civil No. 2:09-cv-240-LP, 2010 WL 3431761 (E.D. Pa.) invalidated the Department's use of skill levels in establishing prevailing wages and the Department's reliance upon Occupational Employment Statistics (OES) data in lieu of Davis Bacon Act and Service Contract Act rates.

The Department has posted the second round of Frequently Asked Questions (FAQs) interpreting the 2010 Final Rule which became effective on March 15, 2010. The FAQs address questions posed by the regulated community and cover a range of topics including: pre and post-filing requirements, job offers, assurances and obligations, time frames, recruitment, etc. To view the Round 2 H-2A FAQs, please check attachment.

At present, the United States has two main programs for temporarily importing low-skilled workers, sometimes referred to as guest workers. Agricultural guest workers enter through the H-2A visa program, and other guest workers enter through the H-2B visa program. Employers interested in importing workers under either program must first apply to the U.S. Department of Labor for a certification that U.S. workers capable of performing the work are not available and that the employment of alien workers will not adversely affect the wages and working conditions of similarly employed U.S.

ETA News Release: [07/08/2010]
Contact Name: Lina Garcia
Phone Number: (202) 693-4661
Release Number: 10-971-NAT

Web tool will make it easier for US workers to learn about job opportunities in agriculture

WASHINGTON — The U.S. Department of Labor today launched an online registry allowing the public to retrieve information about temporary agricultural jobs that fall under the H-2A program. The new tool was developed in compliance with regulations implemented by the department on March 15.

[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Notices]
[Page 38145-38146]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy10-111]

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DEPARTMENT OF LABOR

Employment and Training Administration

Announcing the New National Electronic Job Registry for Use in the H-2A Temporary Agricultural Labor Certification Program

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice.

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The Department has posted the first round of Frequently Asked Questions (FAQs) addressing the H-2A program under the new regulations, which took effect March 15, 2010. To see the FAQs check the attachment.

[Federal Register: March 23, 2010 (Volume 75, Number 55)]
[Notices]
[Page 13784]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr10-99]

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DEPARTMENT OF LABOR

Employment and Training Administration

Announcement of Public Webinar on the Changes to the Labor Certification Process for the Temporary Agricultural Employment of H-2A Aliens in the United States

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice of webinar.

After the publication of the H-2A Final Rule addressing the Temporary Agricultural Employment of H-2A Aliens in the United States, the Department's Office of Foreign Labor Certification has reopened its H-2A Regulations mailbox for public inquiries. The interested public should direct all general inquiries regarding the H-2A program to the H-2A.Regulations@dol.gov mailbox. However, any case specific inquiries should be directed to the Chicago National Processing Center mailbox at TLC.Chicago@dol.gov

The Office of Foreign Labor Certification and the Wage and Hour Division have conducted 3 public briefings to advise stakeholders of the contents of the new H-2A Final Rule, which will be effective March 15, 2010. For the materials used in the briefings, click here.

[Federal Register: February 18, 2010 (Volume 75, Number 32)]
[Notices]              
[Page 7293-7294]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe10-59]                        

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DEPARTMENT OF LABOR

Employment and Training Administration