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LABOR DEPARTMENT PROPOSES NEW REGULATIONS FOR H-2A AGRICULTURAL WORKER PROGRAM

The Department of Labor is proposing new rules to liberalize a number of requirements for employers of H-2A temporary agricultural workers. The following are some of the key proposed changes:

- The proposed regulation would cut form 30 days to 15 days prior to the date worker housing will be occupied that employers are required to assure that their housing is in full compliance with applicable housing standards and be available for inspection.

- The proposed rules would also cut from 60 days to 45 days before the date the employer needs agricultural workers that an application for temporary agricultural labor certification must be filed.

- The requirement that employers use registered farm labor contractors when it is customary in an area for non-H-2A employers to do this could be waived under the regulation if it can be shown that the contractor has a demonstrated history of using illegal workers.

- Employers will no longer have to know the local Job Service in writing when H-2A workers depart for the employer's place of business

- the responsibility for approving H-2A visas for workers outside the US, including petition approval for replacement of H-2A workers upon proof of the H-2A workers' repatriation, will be transferred from the INS to the Department of Labor.

The proposed changes come in the wake of proposals for a new agricultural guest worker program due to complaints relating to the extreme complexity and burdensome requirements of the H-2A program.

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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.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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