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U.S. Department of Labor Proposes to Help America’s Farmers with Rule to Modernize and Improve the H-2A Temporary Agricultural Labor Certification Program

July 23, 2019
workforce development
h2a
labor
advisory
Seal of the US Department of Labor.png

The U.S. Department of Labor's Employment and Training Administration (ETA) and Wage and Hour Division (WHD) posted online a Notice of Proposed Rulemaking (NPRM) to solicit public comment on proposed changes to improve the H-2A temporary agricultural labor certification program. These proposed changes would modernize the Department's H-2A regulations by simplifying farmers’ applications to hire temporary employees under the guest worker program.

Under existing regulations, employers seeking temporary workers through the H-2A program must complete a labor certification process to demonstrate the positions could not be filled by U.S. workers. They also must show that hiring guest workers won't negatively affect wages of similarly skilled U.S. workers. The proposed rule aims to modernize and streamline the DOL’s certification process.

DOL is also handling a second proposal related to the H-2A program. The rule would allow farmers to advertise available H-2A jobs online and also would remove a requirement that open positions be posted in a newspaper. OMB began reviewing a final version of that proposal last month.

A copy of the NPRM can be found here.

Follow this link for more information: https://link.calstrawberry.com/lcr

Contact: Mark Martinez
Phone:
916.633.0061
Email:
mmartinez@calstrawberry.org

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