|
 Printer-Friendly Version
Overview
Section 218 of the Immigration and Nationality Act authorizes the lawful
admission into the United States of temporary, nonimmigrant workers (H-2A
workers) to perform agricultural labor or services of a temporary or seasonal
nature. Before the U.S. Citizenship and Immigration Services (USCIS) can
approve an employer's petition for such workers, the employer must file
an application with the Department’s Employment and Training Administration
(ETA) stating, among other things, that there are not sufficient workers
who are able, willing, qualified, and available, and that the employment
of aliens will not adversely affect the wages and working conditions of
similarly employed U.S. workers. Any employer using H-2A workers must have
initially attempted to find U.S. workers to fill these jobs. H-2A workers
and U.S. workers in corresponding employment must be paid special rates
of pay that vary by locality, provided housing and transportation from that
housing to the job site if their employment requires them to be away from
their residence overnight, and guaranteed employment for at least ¾
of the work period specified in the contract.
Key News
- On March 17, 2009, the U.S. Department of Labor published
a notice (PDF)
seeking comments on a proposal to suspend for 9 months the H-2A regulations,
which became effective on January 17, 2009, that amended the rules governing
the certification for temporary employment of nonimmigrant workers in
agricultural occupations on a temporary or seasonal basis, and the enforcement
of contractual obligations applicable to employers of such nonimmigrant
workers. Interested persons are invited to submit written comments on
the proposed suspension on or before March 27, 2009.
-
On December 18, 2008, the Department published a Final Rule implementing
changes to the H-2A Program.
The final rule is effective January 17, 2009.
Click
here for the Final Rule (PDF).
General Guidance
| |
|
