U.S. Secretary of Agriculture Sonny Perdue has issued a statement highlighting actions announced by the Department of Labor (DOL) which will modernize the burdensome H2A visa process.
First, DOL published a common-sense rule that eliminates the requirement to advertise a job opening in print newspapers instead shifting to advertising on the DOL and State Workforce Agency websites, which are further reaching and more cost effective. Also, DOL’s Office of Foreign Labor Certification announced updates to the pertinent H-2A forms and online filing process for the H-2A temporary agricultural program. These two actions will ease regulatory burdens on farmers and ranchers, making it easier to follow the law and hire farm workers through the H-2A program.
In addition to making it easier for Americans to find and fill open jobs, the Final Rule will reduce regulatory burdens like the requirement that all employers advertise in a print newspaper of general circulation in the area of intended employment as the method of recruitment. Department of Labor’s system updates increase ease of use for farmers and producers who apply for H-2A employees.
DOL’s new labor application process modernizes two forms by making them electronic forms, removing time intensive paper applications that require delivery via mailing. The Department of Labor will continue to accept online submissions of the current Form ETA-9142A (and job orders uploaded using the current Form ETA-790, Agricultural and Food Processing Clearance Order) through the iCERT System until Oct. 16, 2019. Beginning Oct. 1, an employer seeking to employ emergency, H-2A workers or those starting on or after Dec. 15, 2019, must submit a job order using the new form ETA-790/790A (and corresponding addendums) and an H-2A application using the new form ETA-9142A (and corresponding appendices) in the FLAG System. For more information, visit DOL’s Foreign Labor Application Gateway (FLAG) page.
DOL’s Electronic Recruitment Rule rescinds the requirements to advertise a job opening in the newspaper, expands and enhances electronic job register, and utilizes State Workforce Agencies to promote job openings.
To learn more about the Department of Labor’s rule, please visit the Modernizing Recruitment Requirements for the Temporary Employment of H-2A Foreign Workers in the United States rule.