U.S. DEPARTMENT OF LABOR
Employment and Training Administration
Washington, D. C. 20210

CLASSIFICATION

OWS

CORRESPONDENCE SYMBOL

DFLC

ISSUE DATE

July 19, 2001

RESCISSIONS

None

EXPIRATION DATE

July 31, 2002

DIRECTIVE

:

OWS INFORMATION BULLETIN NO. 10-01

 

TO

:

ALL REGIONAL ADMINISTRATORS

 

FROM

:

GRACE A. KILBANE
Administrator
Office of Workforce Security

 

SUBJECT

:

H-2A Compliance Review Checklist

 

It has come to our attention that investigations conducted during FY 2000 by the Wage and Hour Division (WHD) of the Employment Standards Administration (ESA) resulted in finding that 48% of H-2A users were in violation of the H-2A provisions. Therefore, the Division of Foreign Labor Certification is taking a pro-active approach in communicating with H-2A program users by providing the enforcement criteria used by Wage and Hour Division. The H-2A compliance review form was developed by the Employment and Standards Administration, Wage and Hour Division to assist H-2A users in determining whether the requirements of the H-2A program are being met.

Effective August 1, 2001, this form should be included as a attachment to each final H-2A certification letter the RO sends to the employer. This will ensure an exchange of information between the end users of the H-2A program and the RO and improve H-2A program user's ability to comply with their contractual obligations.

This information may also be helpful to the Regions and States in presentations or in responding to increased inquiries about the program.

Questions may be addressed to Charlene Giles or Ben Orona at (202)693-2951.

Attachments: