Wagner-Peyser Act. Background Steps in the Recruitment Process Referral Procedures Assurances New...
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AGRICULTURAL CLEARANCE ORDERS The Basics on how to process H-2A and Agricultural Recruitment System job orders Wagner-Peyser Act
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Transcript of Wagner-Peyser Act. Background Steps in the Recruitment Process Referral Procedures Assurances New...
AGRICULTURAL CLEARANCE ORDERS
The Basics on how to process H-2A and Agricultural Recruitment System job orders
Wagner-Peyser Act
Objectives
Background Steps in the Recruitment Process Referral Procedures Assurances New H-2A Regulations
Background
The Agricultural Recruitment System (ARS)› Governed by the Wagner-Peyser Act at 20 CFR
653 Subpart F› Recruit U.S. workers on temporary or seasonal
basis
The H-2A Temporary Agricultural Program› Foreign Labor Certification program with
regulations at 20 CFR 655› Used to bring non-immigrant foreign workers
Basics
H-2A pre-certification/recruitment process mirrors ARS
State Workforce Agencies can recruit and refer workers from within a state and from other states
Both provide protections to workers who are not seeking permanent relocation, but rather temporary agricultural employment
Recruitment Process
DEO approval
DOL ETA approval
Employer determines need for workers
Local job order
Intrastate job order
Interstate job order
Referral Process
Minimal or no prerequisites Screen for migrant and seasonal
farmworker (MSFW) status› Full registration› MSFW Desk Aid
Disclose terms and conditions of employment
Referral Process
Phone interview or send application
Document results If hired, provide
applicant with ETA 790
Assurances
Workers who do not live within commuting distance must be provided:› Reimbursement for transportation to jobsite
(to be paid halfway through employment period)
› The cost of the trip home or to the next job destination at the end of the contract should be paid by employer
› Free housing
Workers must be paid wages as stated in job order
H-2A Regulations – New Rule
Do not complete I-9 for employer
If employer is consistently refusing to hire U.S. referrals, or fires them for no apparent reason:› Inform DEO immediately› Allow worker(s) to file complaint
Review
Review
1. Which program helps agricultural employers recruit qualified U.S. workers on a temporary or seasonal basis?a. H-2Ab. H-2Bc. Agricultural Recruitment Systemd. a and c
2. Which program is used to bring non-immigrant foreign workers to the United States to perform agricultural labor or services of a temporary or seasonal nature?a. H-2Ab. H-2Bc. Agricultural Recruitment System
Review
3. Who can be referred for local agricultural job orders?a. Anyoneb. Anyone within commuting distancec. Anyone in the state
4. Who may enter agricultural clearance orders into EFM?a. One-Stop staffb. Employersc. DEO staff
Review5. What type of agricultural job order can any Florida
resident be referred to?a. Local job orderb. Intrastate job orderc. Interstate job orderd. b and c
6. Which procedure is incorrect in referring an individual to an agricultural clearance order?a. Read the job assurances to the individualb. Have the individual apply for the job in EFMc. Contact the employer to set up a telephone
interviewd. Provide applicant with ETA 790
Review
7. Which of the following are assurances that are provided to workers referred to agricultural clearance orders?a. Free housing b. Must be paid wages as stated in job orderc. Must be reimbursed transportation expense
halfway through work contractd. All of the above
8. Are I-9s to be completed on referrals to H-2A job orders?a. Yesb. No
For more information contact:
Walter JantsForeign Labor Certification
(850) [email protected]
Marisela RuizSenior Monitor Advocate
(850) [email protected]
