Oct 26, 2018

H-2A revisions outlined by DOL in 60-day notice

The Department of Labor published a 60-day notice in the Federal Register announcing its intent to revise application forms, instructions, and other information collected under the H-2A temporary agricultural visa program.

The Federal Register comment period for these proposals will close on Dec. 24.

The proposed revisions are designed to better align information collection requirements with the Department’s H-2A regulations, provide greater clarity to employers on regulatory requirements, standardize and streamline information collection for employers preparing H-2A applications and job orders, and promote greater efficiency and transparency in the Office of Foreign Labor Certification’s (OFLC) review and issuance of labor certification decisions.

In part, the department proposes revisions to the Forms ETA-9142A and ETA-790 to eliminate redundancy by collecting the material terms and conditions of the job opportunity in a significantly revised ETA-790 and ETA-790A with addenda and incorporating standardized language for required employer assurances. Any written comments must be submitted in accordance with the Federal Register notice instructions.

Copies of the 60 day notice, Supporting Statement, and the proposed forms are provided below:

Federal Register Notice

• 60-Day Supporting Statement
• Proposed Form ETA-9142A
• Proposed Form ETA-9142A General Instructions
• Proposed Form ETA-9142A Appendix A
• Proposed Form ETA-9142A Final Determination – TLC Approval
• Proposed Form ETA-790
• Proposed Form ETA-790A Agricultural Clearance Order
• Proposed Form ETA-790A General Instructions
• Proposed Form ETA-790A Addendum A – Crops Wages
• Proposed Form ETA-790A Addendum B – Worksites-Housing