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IMMIGRATION AND NATURALIZATION PROPOSES RULE TO SIMPLIFY AGRICULTURAL WORKER PROGRAM A December INS rule delegates to the Department of Labor adjudication of certain H2-A petitions for agricultural labor. The only petitions affected would be those filed when the alien employee is not physically present when the petition is filed. Currently, the INS requests a labor certification from the Department of Labor before the foreign worker may apply for a visa. The role of the INS is limited to determining whether a labor certification has been issued; if issued, the INS generally treats the findings of the Department of Labor as conclusive. The effect of these changes should be to make it easier for U.S. employers to hire foreign agricultural workers. They will have to deal with only one agency, the Department of Labor, rather than the INS as well. Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. |
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