agricultural clearance orders

AGRICULTURAL CLEARANCE ORDERSThe 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

Review1. 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

Review3. 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

Review7. 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 Jants

Foreign Labor Certification(850) 921-3466

Walter.Jants@deo.myflorida.com

Marisela RuizSenior Monitor Advocate

(850) 921-3207Marisela.Ruiz@deo.myflorida.com