Section 218 of the INA generally acknowledges that growers, agricultural associations, and H-2A labor contractors that file purposes are employers or joint employers. In conformity with the statute in addition to the Department's current coverage and apply, the Department proposes to clarify the definitions of employer and joint employment with respect to the H-2A program to incorporate these entities the statute recognizes as employers or joint employers.
- The Department proposes to rename § 655.102, “Transition procedures,” and add a transition interval in order to provide an orderly and seamless transition for implementing modifications created by these proposed regulatory revisions, if adopted in a last rule.
- However, based on the Department's program experience, a transition period will help provide employers and different stakeholders with time to understand and comply with regulatory revisions affecting the assurances and obligations of the H-2A program to acquire and make use of staff beneath a temporary agricultural labor certification.
- Generally, the Department processes all applications in accordance with the principles in effect on the date the Application for Temporary Employment Certification is submitted.
The Department proposes to revise § 655.182 to clarify that if an employer, agent, or legal professional is debarred from participation within the H-2A program, the employer, agent, or legal professional, or their successors in curiosity, may not file future Applications for Temporary Employment Certification during the interval of debarment. If any such applications are filed, the Department will deny them with out review. The proposed revision to § 655.182 doesn't change the regulation's present prohibition on debarred entities' participation within the H-2A program in methods aside from the filing of the Application for Temporary Employment Certification, corresponding to putting commercials, or recruiting employees. Applications for Temporary Employment Certification in a way consistent with the provisions set forth in §§ 655.140 via 655.one hundred forty five and make ultimate determinations in accordance with §§ 655.160 by way of 655.167.
655.166 Requests for determinations based mostly on nonavailability of U.S. employees رشته های بدون کنکور. 655.167 Document retention necessities of H-2A employers.
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The Department also proposes to implement a revised ETA-232, Domestic Agricultural In-Season Wage Report, and get rid of the current ETA-232A, Wage Survey Interview Record, for SWA use to modernize the survey course of and to mirror the prevailing wage survey methodology proposed in this proposed rule at § 655.a hundred and twenty(c). The Department is proposing to amend present laws associated to the H-2A program in a manner that modernizes and eliminates inefficiencies within the course of by which employers acquire a temporary agricultural labor certification to be used in petitioning DHS to employ انتخاب رشته کنکور a nonimmigrant employee in H-2A status. The standard and procedures for the certification and employment of workers underneath the H-2A program are present in 20 CFR part 655 and 29 CFR part 501. The Department proposes to institute modifications to modernize the H-2A program and remove inefficiencies, which can help be sure that employers can access authorized agricultural labor, with out undue cost or administrative burden, while maintaining this system's strong protections for the U.S. workforce.
First, unlike the grasp software provision, the employers filing a single Application for Temporary Employment Certification beneath proposed paragraph (b) wouldn't be in joint employment with an agricultural association of which they could be members. Thus, if an agricultural affiliation assists a number of of its employer-members in submitting an Application for Temporary Employment Certification beneath proposed paragraph (b), the agricultural association can be submitting as an agent for its employer-members. Second, all employers submitting an Application for Temporary Employment Certification under proposed paragraph (b) would have انتخاب رشته پایه نهم به دهم to have the same first date of want and require the agricultural labor or services of the workers requested throughout the identical period of employment to be able to provide and provide full-time employment during each workweek. In contrast, in a master utility filed by an agricultural affiliation, each employer-member would supply and provide full-time employment to a definite number of employees throughout a interval of employment that may have first dates of need differing by up to 14 calendar days.
Paragraph (c) of current § 655.120 provides that the Department would update the AEWR at least annually by publication in the Federal Register. In addition, the present regulation at § 655.122(l) requires employers to pay the very best wage “in effect at the time the work is performed,” which means employers should begin paying the AEWR upon its efficient date. The current regulation is silent on when a broadcast AEWR becomes efficient.