AGRICULTURAL CLEARANCE ORDERS The Basics on how to process H-2A and Agricultural Recruitment System job orders Welcome to the Agricultural Clearance Orders training presentation. The intent of this presentation is to provide guidance and clarification on the proper procedures relating to 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 During the course of this presentation, we will discuss: Basic background information on both programs and their function The different steps in the recruitment process How to refer individuals for these types of job orders The assurances and protections provided to workers Important changes in the H-2A program

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 The Wagner-Peyser Act requires that the United States Employment Service maintain a system for the orderly movement of workers within and between states. The Agricultural Recruitment System helps agricultural employers recruit qualified U.S. workers on a temporary or seasonal basis. The H-2A Temporary Agricultural visa program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the United States to perform agricultural labor or services of a temporary or seasonal nature.

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 The H-2A pre-certification recruitment period has a process that mirrors the Agricultural Recruitment System. With both processes, the State Workforce Agencies can recruit and refer workers from within a state and from other states when there is an anticipated shortage of workers in the local area. Only the H-2A process has the intention of bringing in foreign workers. Both the H-2A program and ARS provide protections to workers who are not seeking permanent relocation, but rather temporary agricultural employment.

Employer determines need for workers Recruitment Process Employer determines need for workers Local job order DEO approval Once an employer determines a need for workers and submits the necessary paperwork to the Department of Economic Opportunity’s Foreign Labor Certification Office, DEO staff enters a local job order into EFM. At this point, only local candidates who are within reasonable commuting distance should be referred. Once approved (or “cleared”) by DEO, the job order becomes Intrastate, meaning any Florida resident can be referred to the job order. The last step is when the job order is approved by the Department of Labor, then it becomes an Interstate clearance order. At this time, workers may be referred by any other State Workforce Agency. Please note, agricultural clearance orders can only be entered by the DEO Foreign Labor Certification office, and not by local staff. Please do not make any changes to these job orders. Intrastate job order DOL ETA approval 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 Once a job order becomes Intrastate, any Florida One-Stop Center can refer job applicants. Typically the requirements are minimal, allowing any individual to qualify. Applicants should be screened to determine if the individual is a migrant or seasonal farmworker and if so, a full registration should be completed. The MSFW Desk Aid can be used for assistance. Staff should have the applicant read the job description and duties in the EFM job order, or read it to the applicant if he/she is not able to read it.

Referral Process Phone interview or send application Document results If hired, provide applicant with ETA 790 If the applicant indicates that he/she meets the qualifications and accepts the job referral, then staff shall follow instructions on the job order in contacting the employer to set up a telephone interview or send an application. After the phone interview, the staff should request that the applicant hand the phone back over and then confirm with the employer the outcome of the interview and any arrangements made. The results of the interview should then be documented in EFM. If the applicant was hired, immediately contact the DEO Foreign Labor Certification office to have the ETA 790 Clearance Order faxed to the local One-Stop. A complete copy of the ETA 790 must be given to the applicant in a language that he/she can read, and if not, then it must be explained in a language that he/she can understand. Inform the applicant to contact a local One-Stop Center a week before the start date of employment and have a staff member contact the DEO Foreign Labor Certification office to confirm that the start date has not changed.

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 Workers who are referred to Intrastate or Interstate clearance orders are provided certain protections. Those who do not live within daily commuting distance must be reimbursed their travel expenses for the initial trip to the jobsite, halfway through the employment period stated on the ETA 790. The cost of their trip to return home or to the next job destination should also be at the expense of the employer. The employer must also provide housing at no cost and a cooking facility, or daily meals with minimum deductions. Workers must be paid at least the wages stated on the clearance order. If a worker has not been provided these assurances by the H-2A employer, immediately contact the state office.

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 The following apply to the H-2A program: One-Stop Center staff must not process an I-9 form for the H-2A employer. The employer is required to do their own employment eligibility verification. Rejection of any U.S. worker or authorized worker must be only for lawful, job-related reasons. If the employer is constantly refusing to hire U.S. referrals, or terminates their employment for no lawful reason, One-Stop staff should immediately inform the Senior Monitor Advocate or the Foreign Labor Certification office, who’s contact information is provided on the following slide. Allow the workers to file a formal complaint using the Wagner-Peyser Complaint system.

Review Now, let’s review.

Review Which program helps agricultural employers recruit qualified U.S. workers on a temporary or seasonal basis? H-2A H-2B Agricultural Recruitment System a and c 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? D A

Review Who can be referred for local agricultural job orders? Anyone Anyone within commuting distance Anyone in the state Who may enter agricultural clearance orders into EFM? One-Stop staff Employers DEO staff 3. B 4. C

Review What type of agricultural job order can any Florida resident be referred to? Local job order Intrastate job order Interstate job order b and c Which procedure is incorrect in referring an individual to an agricultural clearance order? Read the job assurances to the individual Have the individual apply for the job in EFM Contact the employer to set up a telephone interview Provide applicant with ETA 790 5. D 6. B

Review Which of the following are assurances that are provided to workers referred to agricultural clearance orders? Free housing Must be paid wages as stated in job order Must be reimbursed transportation expense halfway through work contract All of the above Are I-9s to be completed on referrals to H-2A job orders? Yes No 7. D 8. B

For more information contact: Walter Jants Foreign Labor Certification (850) 921-3466 Walter.Jants@deo.myflorida.com Marisela Ruiz Senior Monitor Advocate (850) 921-3207 Marisela.Ruiz@deo.myflorida.com If you have any questions regarding agricultural clearance orders or need a copy of a specific ETA 790 form, please contact Walter Jants in Foreign Labor Certification. For any worker complaints or if you are aware that an H-2A employer has violated workers’ rights, please contact Marisela Ruiz, Senior Monitor Advocate. Thank you for viewing the Agricultural Clearance Orders presentation.