AGRICULTURAL CLEARANCE ORDERS

1. AGRICULTURAL CLEARANCE ORDERS The Basics on how to process H-2A and Agricultural Recruitment System job orders Wagner-Peyser Act

2. Objectives • Background • Steps in the Recruitment Process • Referral Procedures • Assurances • New H-2A Regulations

3. Background • The Agricultural Recruitment System (ARS) • Governed by the Wagner-Peyser Act at 20 CFR 653 Subpart F • Recruit U.S. workers on temporary or seasonal basis • The H-2A Temporary Agricultural Program • Foreign Labor Certification program with regulations at 20 CFR 655 • Used to bring non-immigrant foreign workers

4. Basics • H-2A pre-certification/recruitment process mirrors ARS • State Workforce Agencies can recruit and refer workers from within a state and from other states • Both provide protections to workers who are not seeking permanent relocation, but rather temporary agricultural employment

5. Recruitment Process Employer determines need for workers Local job order DEO approval Intrastate job order DOL ETA approval Interstate job order

6. Referral Process • Minimal or no prerequisites • Screen for migrant and seasonal farmworker (MSFW) status • Full registration • MSFW Desk Aid • Disclose terms and conditions of employment

7. Referral Process • Phone interview or send application • Document results • If hired, provide applicant with ETA 790

8. Assurances • Workers who do not live within commuting distance must be provided: • Reimbursement for transportation to jobsite (to be paid halfway through employment period) • The cost of the trip home or to the next job destination at the end of the contract should be paid by employer • Free housing • Workers must be paid wages as stated in job order

9. H-2A Regulations – New Rule • Do not complete I-9 for employer • If employer is consistently refusing to hire U.S. referrals, or fires them for no apparent reason: • Inform DEO immediately • Allow worker(s) to file complaint

10. Review

11. Review • Which program helps agricultural employers recruit qualified U.S. workers on a temporary or seasonal basis? • H-2A • H-2B • Agricultural Recruitment System • a and c • Which program is used to bring non-immigrant foreign workers to the United States to perform agricultural labor or services of a temporary or seasonal nature? • H-2A • H-2B • Agricultural Recruitment System

12. Review • Who can be referred for local agricultural job orders? • Anyone • Anyone within commuting distance • Anyone in the state • Who may enter agricultural clearance orders into EFM? • One-Stop staff • Employers • DEO staff

13. Review • What type of agricultural job order can any Florida resident be referred to? • Local job order • Intrastate job order • Interstate job order • b and c • Which procedure is incorrect in referring an individual to an agricultural clearance order? • Read the job assurances to the individual • Have the individual apply for the job in EFM • Contact the employer to set up a telephone interview • Provide applicant with ETA 790

14. Review • Which of the following are assurances that are provided to workers referred to agricultural clearance orders? • Free housing • Must be paid wages as stated in job order • Must be reimbursed transportation expense halfway through work contract • All of the above • Are I-9s to be completed on referrals to H-2A job orders? • Yes • No

15. For more information contact: Walter Jants Foreign Labor Certification (850) 921-3466 Walter.Jants@deo.myflorida.com Marisela Ruiz Senior Monitor Advocate (850) 921-3207 Marisela.Ruiz@deo.myflorida.com