LexisNexis® Legal Newsroom
DOL issues new H-2A FAQ

"To assist prospective H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a fourth round of Frequently Asked Questions (FAQ) providing clarifications on background check, contract impossibility, and surety bond requirements for...

DOL posts new H-2A Employer Guide

"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...

Advance copy of DOL notice: 2012 AEWRs for H-2A

"The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2012 Adverse Effect Wage Rates (AEWRs) for the employment of temporary or seasonal nonimmigrant foreign workers to perform agricultural labor or services (H-2A workers...

DOL Launches H-2A Ombudsman Program

"As part of the Department’s continuing commitment to strengthening the H-2A Temporary Agricultural Program, the OFLC has established an Ombudsman Program whose primary purpose is to facilitate the fair and equitable resolution of concerns that arise within the H-2A Program community...

DOL Expands E-Mail Notification Program for H-2A, H-2B Stakeholders

From DOL : March 26, 2012. H-2A Email Notification Program Expanded The Chicago National Processing Center has announced that it will be expanding its E-Mail Notification Program to all H-2A stakeholders who elect to participate in the program. In addition, all H-2A employers who elect to...

DOL ETA News, May 14, 2012

May 14, 2012 : "The Department of Labor has posted a revised Frequently Asked Question (FAQ) regarding the Permanent (PERM) Program and the consequences of withdrawing an application in Supervised Recruitment. This FAQ is available here and on the FAQs page of the OFLC website under...

H-2A Filing Tips, Selected Statistics and Forms

"In a continued effort to assist H-2A employers with preparing their agricultural job orders and applications, the Department has revised the H-2A Filing Tips to alert employers to common filing mistakes which can delay the processing of an H-2A application. The H-2A Filing Tips may be...

$2.3M Back Wages to be Paid to H-2A Workers, Plus $500K Civil Money Penalty

" Yerington, Nev.-based onion grower Peri & Sons has agreed to pay a record total of $2,338,700 in back wages to 1,365 workers, along with a civil money penalty of $500,000, for violations under the H-2A program. U.S. Department of Labor Administrative Law Judge Steven Berlin in San Francisco...

New iCERT FAQ for H-2A, H-2B

"The Department has posted the first round of Frequently Asked Questions (FAQs) addressing the implementation of electronic filing in the H-2B and H-2A labor certification programs through the Department's iCERT Visa Portal System. The FAQs are largely based on questions received from participants...

CA4 on H-2A Regulatory Whiplash: North Carolina Growers' Association, Inc. v. Solis

"This appeal involves a regulatory action by the Department of Labor (the Department), which suspended various regulations for temporary agricultural workers and reinstated other prior regulations. We primarily consider: (1) whether the Department’s action constituted "rule making"...

DOL: FY 2013 New H-2A Adverse Effect Wage Rates (AEWRs)

"The Department has published a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state based on the Farm Labor Survey conducted by the U.S. Department of Agriculture. The AEWRs are the minimum hourly wage rates the Department has determined must be offered...

DOL: FY 2013 New Prevailing Wage Rates for Certain Occupations Processed Under H-2A Special Procedures

"The Department has published a notice in the Federal Register establishing new prevailing wage rates for certain occupations processed under H-2A special procedures. The wage rates established by this Federal Register notice apply only to the following activities: open range production of livestock...

Notice to Stakeholders Regarding H-2A Certifications - DOL, Oct. 21, 2013

"As a result of the unique perishable nature of agricultural commodities in the H-2A program, OFLC will temporarily (for a period not to exceed 30 days) implement the following mailing procedure: Upon certification of an H-2A application, the Chicago National Processing Center will send the...

Court Imposes Deadlines on DOL for H-2A, H-2B RFIs: International Labor Management Corp. v. Perez

"Employers using the H-2A and H-2B guestworker programs may get some relief from government-caused delays following a recent federal court decision holding that the Labor Department must follow the statutory and regulatory time frames for issuing notices and certifications. In International Labor...

DOL Notice: H-2A Allowable Charges

"The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this Notice to announce (1) the allowable charges for 2015 that employers seeking H–2A workers may charge their workers when the employer provides three meals a day, and (2) the maximum travel...

DOL to Crack Down on H-2A Violators in Oklahoma; Watermelon Growers First Target

"Agriculture plays a significant role in Oklahoma's economy, with nearly 80,000 farms contributing to the state's production and providing jobs for thousands of workers. Farmworkers play an essential role in producing our nation's food supply, but are among the most vulnerable and lowest...