Labor Certification Process for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the United States; Administrative Measures To Improve Program Performance

The Employment and Training Administration (ETA) of the Department of Labor (DOL or Department) is publishing a final rule amending its regulations relating to the temporary employment of nonimmigrant agricultural workers (H-2A workers) in the United States. The final rule makes three substantive changes to the current regulations. One change reduces the time that an application for temporary agricultural labor certification must be filed from 60 days to 45 days before the date the employer needs agricultural workers. Another change provides employers with the option of having the housing inspected as late as 20 days before the date of need. The third substantive change modifies the requirement that employers notify the local State Employment Security Office, in writing, of the exact date on which the H-2A workers depart for the employers place of business. The proposal to provide a limited exception from the requirement to use certain Farm Labor Contractors as a source of workers has been narrowed so that it can be implemented in a manner that does not require a change to the current regulations. A fifth proposed change to transfer visa petition adjudication authority for workers outside of the United States from the Immigration and Naturalization Service (INS) to DOL remains open as it is the subject of parallel notice-and-comment rulemaking by INS.