Apr 17, 2009Labor Department Extends H-2A Transition Period
On April 16, the U.S. Department of Labor (DOL) Employment and Training Administration (ETA) published an Interim Final Rule in the Federal Register announcing an amendment to the H-2A regulations extending the transition period of the application filing procedures currently in effect for all H-2A employers with a date of need on or before July 1, 2009, as established in the H-2A Final Rule published on Dec. 18, 2008, and in effect as of Jan. 17, 2009.
The transition filing procedures are extended to include all employers with a date of need on or before Jan. 1, 2010.
The application filing process that the State Workforce Agencies and Chicago National Processing Center (CNPC) have and are continuing to use since Jan. 17, 2009, will remain in effect. Therefore, employers are not permitted to conduct pre-filing recruitment activities, as specified under the full regulations, but must submit the ETA Form 9142 and ETA Form 790 directly to the CNPC.
Although long-term uncertainty remains, employers and government agency personnel continue to gain understanding and confidence in the current transition process, and members of the National Council of Agricultural Employers appreciate the stability of not facing additional changes mid-summer, according to NCAE.
This decision to maintain the current transition filing process offers important in-season stability for agricultural producers and employees who participate in the H2-A program” said Frank Gasperini, executive vice president of NCAE. “We are encouraged that the department remains serious about their commitment to take adequate time to read and consider the hundreds of substantive comments offered during the public comment period. While we will continue to advocate for Congressional action to pass AgJOBS legislation as a long-term solution to the critical need for temporary agricultural guest workers, we plan to participate in all stakeholder outreach opportunities offered by DOL as they continue to evaluate and update the H-2A process.” ”
