Certification of Foreign Workers for Temporary Agricultural Employment

 

To enable agricultural employers to obtain temporary alien workers for temporary or seasonal jobs when domestic workers are not available; to protect domestic workers against unfair competition from foreign workers; and to assure adequate working and living conditions for domestic and foreign workers employed in similar tasks.

Deleted 05/04/2006 (Program elements of 17.202, 17.203, and 17.252 regrouped into 17.272 and 17.273 to more clearly and accurately reflect the program purpose) 17.202 EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR Provision of Specialized Services. In fiscal year 2001, 44,017 workers were certified. Immigration and Nationality Act of 1952, as amended, Public Law 82-414, 66 Stat. 163, 8 U.S.C. 1101, et seq.; Immigration Reform and Control Act of 1986, Public Law 99-603, 100 Stat. 3359, 8 U.S.C. 1186. Organizations and individuals interested in importing temporary foreign agricultural and logging workers. Organizations and individuals. The employer must submit a prescribed job order and documentation of his or her efforts to recruit domestic workers. None. This program is excluded from coverage under E.O. 12372. Applications for alien agricultural workers are filed simultaneously with the DOL's ETA Regional Administrator and State Employment Service Agency in whose region and state and are not employers required to simultaneously file a copy the area of employment is located. Requesting employer must cooperate with efforts to locate qualified domestic workers in order to be certified to use foreign workers. The requesting employer is notified by the Department of Labor in writing 20 days prior to the date of need. Applications for alien agriculture worker certification must be filed 60 days before the date of need. Sixty days. The procedure for appeals is explained in 20 CFR Part 655, Subparts B and C for temporary certification. Treated as new applications. Not applicable. Employers who need workers for temporary agricultural jobs may be certified to use foreign workers after the Secretary of Labor has determined that there are not sufficient domestic workers capable of performing the job duties and that the employment of aliens will not adversely affect the wages and working conditions of similarly employed domestic workers. Certifications will be made only after efforts to recruit domestic workers through the Federal-State employment service system are unsuccessful. Certifications are sent to the employer in support of the petition to be filed with the Immigration and Naturalization Service which makes the final decision whether to grant or deny the admission of foreign workers. Not applicable. Selected audits are conducted by the Department of Labor. Payroll records must be retained for not less than 3 years after completion of the contract work. Not applicable. Not applicable. Contact the nearest local office of the State employment service or the appropriate Employment and Training Administration regional office listed in Appendix IV of the Catalog. United States Employment Service, Employment and Training Administration, Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 693-3502. Contact: John Beverly. http://www.dol.gov 16-0179-0-1-504; 16-0172-0-1-504. (Salaries and Expenses) FY 02 $31,236,000; FY 03 $26,100,000; and FY 04 est $26,100,000. (Note: Obligations include total alien certification funding level for program 17.203, Labor Certification for Permanent and Alien Workers and 17.252). Not applicable. Further information concerning the program may be found in 20 CFR 655 (temporary foreign workers). Not applicable.