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

CLASSIFICATION

H-2A

CORRESPONDENCE SYMBOL

OWS

ISSUE DATE

June 28, 2002

RESCISSIONS

GAL NO. 1-01  

EXPIRATION DATE

Continuing

ADVISORY

:

TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 31-01

 

TO

:

ALL STATE WORKFORCE LIAISONS
ALL STATE WORKFORCE AGENCIES
ALL STATE WORKER ADJUSTMENT LIAISONS
ALL ONE-STOP CENTER SYSTEM LEADS

 

FROM

:

EMILY STOVER DeROCCO
Assistant Secretary

 

SUBJECT

:

Timeframes for Inspecting All Housing Units for H-2A Labor Certification Purposes

  1. Purpose. To provide guidance regarding required timeframes for the inspection of all housing units for H-2A temporary labor certification applications.

  2. References. 20 C.F.R. 655, Subpart B (H-2A Regulations); 29 CFR 501 (H-2A Enforcement); 20 CFR 653, Subpart F (Agricultural Clearance Orders); 20 CFR 654, Subpart E, and 29 CFR 1910.142 (Migrant Housing Standards); 8 U.S.C. 1188(c)(1) and (c)(3)(A) as amended by Pub. L. 106-78 sec. 748 (McConnell Amendment); 64 Fed. Reg. 34957-34966 (June 29, 1999); 8 U.S.C. 1188, Subsec. (c)(4). Pub. L. 106-554, 1(a)(1) [Title I, 105] (December 29, 2000).

  3. Background. The McConnell Amendment, which became effective on June 29, 1999, statutorily changed the requirement to file H-2A labor certification requests from 60 days to 45 days and requires that certifications now be issued 30 days rather than 20 days before the date of need.

    Public Law 106-554, 1(a)(1) [Title I, 105] amended 8 U.S.C. Sec. 1888. A determination as to whether the housing furnished by the employer meets requirements, must be made prior to the date by which the Secretary of Labor is required to make a certification determination (which is not later than 30 days before the date such labor or services are first required to be performed).

  4. Guidance. These statutory changes supersede the regulations and must take precedent when conducting housing inspections. As a result of these changes, housing inspections must be made not later than 30 days before the date such labor or services are first required to be performed.

    Certifying Officers must receive documentation that the employer's housing meets applicable standards prior to certification being granted 30 days prior to the employer's date of need. State Workforce Agencies (SWAs) should be scheduling and conducting housing inspections in accordance with the statutory changes. SWAs should continue to encourage employers who expect to obtain their certification 30 days before the date of need to have housing ready for inspection at the time of filing their application, or earlier. SWAs should be prepared to conduct housing inspections prior to the employer's filing of their applications, as appropriate, and should plan to schedule housing inspections prior to filing for those employers who regularly use the H-2A program.

  5. Action Required. SWA administrators are requested to provide this guidance to appropriate staff and ensure that housing inspections are being conducted timely in order to allow certifying officers to issue certifications 30 days before the date of need.

  6. Inquiries. Inquiries should be directed to the appropriate regional certifying officer.