Employers who need workers for temporary agricultural
jobs may be certified to use foreign workers after the Secretary of Labor has
determined that there are not sufficient domestic workers capable of
performing the job duties and that the employment of aliens will not adversely
affect the wages and working conditions of similarly employed domestic
workers. Certifications will be made only after efforts to recruit domestic
workers through the Federal-State employment service system are unsuccessful.
Certifications are sent to the employer in support of the petition to be filed
with the Immigration and Naturalization Service which makes the final decision
whether to grant or deny the admission of foreign workers.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility:
Organizations and individuals interested in importing temporary foreign
agricultural and logging workers.
Beneficiary Eligibility:
Organizations and individuals.
Credentials/Documentation:
The employer must submit a prescribed job order and documentation of his or
her efforts to recruit domestic workers.
APPLICATION AND AWARD PROCESS:
Pre-application Coordination:
None. This program is excluded from coverage under E.O. 12372.
Application Procedure:
Applications for alien agricultural workers are filed simultaneously with the
DOL's ETA Regional Administrator and State Employment Service Agency in whose
region and state and are not employers required to simultaneously file a copy
the area of employment is located. Requesting employer must cooperate with
efforts to locate qualified domestic workers in order to be certified to use
foreign workers.
Award Procedure: The
requesting employer is notified by the Department of Labor in writing 20 days
prior to the date of need.
Deadlines: Applications for
alien agriculture worker certification must be filed 60 days before the date
of need.
Range of Approval/Disapproval Time:
Sixty days.
Appeals: The procedure for
appeals is explained in 20 CFR Part 655, Subparts B and C for temporary
certification.
Renewals: Treated as new
applications.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements:
Not applicable.
Length and Time Phasing of Assistance:
Not applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: Not applicable.
Audits: Selected audits are
conducted by the Department of Labor.
Records: Payroll records
must be retained for not less than 3 years after completion of the contract
work.
FINANCIAL INFORMATION:
Account Identification:
16-0179-0-1-504; 16-0172-0-1-504.
Obligations: (Salaries and
Expenses) FY 01 $31,236,000; FY 02 $26,100,000; and FY 03 est $26,100,000.
(Note: Obligations include total alien certification funding level for program
17.203, Labor Certification for Permanent and Alien Workers and 17.252).
Range and Average of Financial Assistance:
Not applicable.
PROGRAM ACCOMPLISHMENTS:
In fiscal year 2001, 44,017 workers were certified.
REGULATIONS, GUIDELINES, AND LITERATURE:
Further information concerning the program may be found
in 20 CFR 655 (temporary foreign workers).
INFORMATION CONTACTS:
Regional or Local Office:
Contact the nearest local office of the State employment service or the
appropriate Employment and Training Administration regional office listed in
Appendix IV of the Catalog.
Headquarters Office: United
States Employment Service, Employment and Training Administration, Department
of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone: (202)
693-3502. Contact: John Beverly.
Web Site Address:
http://www.dol.gov
EXAMPLES OF FUNDED PROJECTS:
Not applicable.
CRITERIA FOR SELECTING PROPOSALS:
Not applicable.
