AGRICULTURAL CLEARANCE ORDERS

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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

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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

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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

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Referral Process

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

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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

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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

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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

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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

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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

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For more information contact

• Walter Jants
• Foreign Labor Certification
• [phone]
• Walter.Jants_at_deo.myflorida.com
• Marisela Ruiz
• Senior Monitor Advocate
• [phone]
• Marisela.Ruiz_at_deo.myflorida.com