Agricultural Recruitment System: The Job Order Process Agricultural Recruitment System: The Job Order Process State Workforce Agency Responsibilities February 16 th, 2012; 2:00 P.M. Eastern Time February 16 th, 2012; 2:00 P.M. Eastern Time

2 Agricultural Recruitment System: The Job Order Process Featured Speakers Presenter:  Juan M. Regalado, National Monitor Advocate Employment and Training Administration Moderator:  Ted Roberts, Assistant National Monitor Advocate Employment and Training Administration

3 Agricultural Recruitment System: The Job Order Process Moderator Ted Roberts Assistant National Monitor Advocate Employment and Training Administration

4 Agricultural Recruitment System: The Job Order Process Presenter Juan M. Regalado National Monitor Advocate Employment and Training Administration

5 Agricultural Recruitment System: The Job Order Process Question 1 Length of experience in the Agricultural Recruitment System? –None –One to five years –Five to ten years –Ten to twenty years –20 to 30 years –An eternity

6 Agricultural Recruitment System: The Job Order Process Know the responsibilities of:  Order Holding state/office  Applicant holding state/office  Agricultural employers  ETA Regional Offices Agricultural Recruitment System Agenda/Objectives

7 Agricultural Recruitment System: The Job Order Process Background Operational responsibility for the ARS program rests primarily with the State Workforce Agencies (SWAs/Employment Service), in cooperation with the United States Department of Labor (U.S.D.O.L.)

8 Agricultural Recruitment System: The Job Order Process  Employers  State Workforce Agencies (SWAs)  U.S. DOL Employment and Training Administration (ETA) Regional Offices (RO)  Job Seekers Agricultural Recruitment System

9 Agricultural Recruitment System: The Job Order Process Employers  Employer determines need for temporary agricultural workers.  Employer places a job order at local SWA office  Employer notifies SWA of hires and/or referral results

10 Agricultural Recruitment System: The Job Order Process Job Order  The document containing the material terms and conditions of employment that is posted by the SWA on its inter- and intra-state job clearance systems based on the employer's Form ETA– 790, as submitted to the SWA.

11 Agricultural Recruitment System: The Job Order Process State Workforce Agency (SWA)  SWA opens local job order  SWA refers domestic workers to employer  SWA conducts verification of referrals

12 Agricultural Recruitment System: The Job Order Process Terms and Condition  The job order contains all the material terms and conditions of the job, and the employer assures that all items therein are actual conditions of the job by signing the following statement: “This job order describes the actual terms and conditions of the employment being offered by me and contains all the material terms and conditions of the job” 20 C FR (d) (2)

13 Agricultural Recruitment System: The Job Order Process Intrastate Job Order  If labor needs are not met through a local job order, employer should be advised of the option to clear the order to other local offices within the state (Intrastate Clearance Order).

14 Agricultural Recruitment System: The Job Order Process Intrastate/Interstate Job orders  No local office shall place a job order seeking workers to perform agricultural or food processing work into intrastate clearance unless employer has satisfied all requirements and assurances of 20 CFR (d) (1) and (2)

15 Agricultural Recruitment System: The Job Order Process Assurances  Number of hours of work per week  First week pay  Working conditions comply with applicable federal and state employment laws  Change in the terms and conditions of employment  Housing  Outreach worker

16 Agricultural Recruitment System: The Job Order Process State Workforce Agency If labor needs are not met statewide, the SWA, with employer authorization, will submit the Intrastate Job Order to the U.S. DOL Employment and Training Administration, Regional Office for their review as an Interstate Clearance Order.

17 Agricultural Recruitment System: The Job Order Process Interstate Clearance system  State Workforce Agencies shall review all interstate clearance job orders prior to approval for transmission for compliance with 20 CFR

18 Agricultural Recruitment System: The Job Order Process Employment and Training Administration (ETA) Regional Office (RO) The ETA Regional office reviews and approves or disapproves the Interstate Clearance Order, and determines the areas of supply to which the order shall be extended if it is approved.

19 Agricultural Recruitment System: The Job Order Process State Workforce Agency  The SWA sends the Clearance Order to ETA designated states where qualified workers may be available.

20 Agricultural Recruitment System: The Job Order Process Order Holding Office Responsibilities  Referral responsibilities of the OHO when processing a Clearance Order are as follows: –Coordinate referral instructions with AHO. AHO can not refer applicants until authorized by OHO unless otherwise noted on the Clearance Order.

21 Agricultural Recruitment System: The Job Order Process Order Holding Office Responsibilities Make all changes to material terms and conditions in the Clearance Order requested by the employer after approval by U.S. DOL Regional Office. Inform AHO of the changes and forward changes to State Central Office via ETA Form 795, Agricultural and Food Processing Clearance Memorandum, or computer linkage.

22 Agricultural Recruitment System: The Job Order Process Order Holding Office Responsibilities Designate a staff contact person responsible for coordination of referrals from AHO to the employer and for related matters. Contact employers to assist AHO in placing applicants. Confirm for AHO all actions concerning workers (hires, refusals, no-shows, etc.) and inform AHO of any placement complications. Monitor and follow-up on all referrals.

23 Agricultural Recruitment System: The Job Order Process Order Holding Office Responsibilities Advise workers and assist in orienting them to services in the area. Monitor and follow- up on all referrals. Interview referred workers who have been terminated or refused employment by the employer. Give workers an opportunity to file a complaint.

24 Agricultural Recruitment System: The Job Order Process Supply State (Applicant Holding States/Offices) (AHO)  Referral responsibilities of AHO when processing a Clearance Order are as follows: ‒ Carry out a search of applicant files, call in appropriate applicants (individual crew leaders, family heads, as appropriate) and interview for Clearance Order jobs.

25 Agricultural Recruitment System: The Job Order Process AHO Complete a full or partial application on each applicant prior to referral. Advise worker being referred of all the terms and conditions of, and qualifications for the job. Keep a complete Clearance Order available for inspection. An Agricultural Clearance Order Checklist may be provided to the worker in lieu of a complete job order.

26 Agricultural Recruitment System: The Job Order Process AHO When all sources within AHO have been exhausted without securing a sufficient number of workers (and it is believed that additional workers are available) initiate intensive recruitment. Intensive recruitment may involve use of radio, newspaper, mail, key contacts and other means of informing the worker population.

27 Agricultural Recruitment System: The Job Order Process AHO  Verify that each crew leader (functioning as an employer, agent or being referred to the employer) has a current federal and, if necessary, state Farm Labor Contractors Certificate, as appropriate, and determine what services the crew leader is authorized to provide.

28 Agricultural Recruitment System: The Job Order Process AHO  When appropriate, arrange (or assist SWA in arranging) itineraries for recruitment meetings between workers and employers or employer representatives. Publicize recruitment meetings and notify crew leaders, family heads, and others of the recruitment dates and locations

29 Agricultural Recruitment System: The Job Order Process AHO  Contact OHO, or as instructed in Item 14, ETA Form 790, agency representative. The OHO can help AHO arrange a mutually satisfactory time for the employer and worker(s) to communicate. If the applicants are in transit and need an immediate confirmation of a job commitment, OHO knows the local situation, and can arrange it better than AHO.

30 Agricultural Recruitment System: The Job Order Process AHO  Confirm with OHO final referral arrangements before workers are referred. Workers should be advised of reporting dates to bind the wage guarantee (5-9 days prior to first day of work).  Report any referral problems to OHO immediately and follow-up with ETA Form 795.  Provide translation services to employer if requested and are locally available.

31 Agricultural Recruitment System: The Job Order Process AHO  When transportation is provided by employer, assist in transportation arrangements. (In some cases, the employer or representative will handle all transportation arrangements.)  Confirm with OHO any arrangements made between applicants and employers.

32 Agricultural Recruitment System: The Job Order Process Job order in connection to an H-2A application  Example of incorrect state web posting: –There are other requirements of the program that are not the concern of job order writing staff. The foreign labor certification (FLC) process is the responsibility of the employer, not the employee, or Job Center staff.

33 Agricultural Recruitment System: The Job Order Process H-2A process  The employer determines the need for workers.  The employer places a job order (ETA Form 790) at the local SWA (One-Stop Office) 75 to 60 days before date of need.  The SWA will review the contents of the job order for compliance with the requirements specified in 20 CFR part , subpart F (only as it relates to assurances).

34 Agricultural Recruitment System: The Job Order Process H-2A process (cont’d)  The SWA accepts job order, sends a copy of job order back to employer, and begins testing the domestic labor market by conducting applicant searches and making appropriate referrals of US workers to employer.

35 Agricultural Recruitment System: The Job Order Process H-2A process (cont’d)  If labor needs are not met through a local job order, employer submits 9142, Application for Temporary Employment Certification and a copy of the ETA Form 790. A completed Application for Temporary Employment Certification must be filed no less than 45 calendar days before the employer's date of need.

36 Agricultural Recruitment System: The Job Order Process H-2A process (cont’d)  If upon review of the Application for Temporary Employment Certification and the job order and all other relevant information, the OFLC Certifying Officer (CO) concludes that the job order is acceptable, the CO will direct the SWA to place the job order into intrastate and interstate clearance and otherwise process the Application in accordance with the procedures contained in § (c).

37 Agricultural Recruitment System: The Job Order Process H-2A process (cont’d)  The CO promptly will upload job order to the new Job Registry.  The SWA must keep the job order on its active file until the end of the recruitment period, as set forth in § (d), and must refer each U.S. worker who applies (or on whose behalf an Application for Temporary Employment Certification is made) for the job opportunity. Job order remains opened until 50% of the contract period.

38 Agricultural Recruitment System: The Job Order Process Resources    TA_Form_790.pdf TA_Form_790.pdf   Job Registry Job Registry

39 Agricultural Recruitment System: The Job Order Process Speakers’ Contact Information Presenter Juan Regalado Phone: Moderator Ted Roberts Phone:

40 Agricultural Recruitment System: The Job Order Process For more information about the Workforce Investment System:  Visit  Call US2-JOBS