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New H-2A Regulations Effective March 15, 2010 Texas Workforce Commission Foreign Labor Certification Pre-Filing Instructions

Effective March 15, 2010, the Texas Workforce Commission Foreign Labor Certification Unit is the employer's first point of contact for the employer's intrastate recruitment for H-2A agricultural job opportunities in Texas under the new February 2010 regulations.

Employers who file with the U.S. Department of Labor (DOL) on or after March 15, 2010 and have a start date of need before June 1, 2010, will be processed in accordance with the 2010 H-2A Final Rules Emergency Procedures. Contact DOL at their web site(s) below.

Employers who file on or after March 15, 2010 and have a start date of need on or after June 1, 2010 will file under 2010 H-2A Final Rule and will be processed in accordance with normal procedures. The ETA 790 Agricultural Job Clearance and Food Processing Order with the employers terms and conditions of their work contract (attachments) must be filed with the State Workforce Agency (SWA) under 2010 H-2A Final Rule pre-filing procedures.

Under the 2010 normal procedure regulations, for intrastate recruitment employers are to submit the ETA 790 Agricultural Job Clearance and Food Processing Order with the employers terms and conditions of their work contract (attachments) to the Texas Workforce Commission Foreign Labor Certification Unit, no later than 60 days, but no earlier than 75 days from the employers start date of need.

Pursuant to 20 CFR 655.121, prior to filing an Application for Temporary Employment Certification (ETA Form 9142), the employer must submit a completed job order, ETA Form 790 and all attachments, to the State Workforce Agency (SWA) serving the area of intended employment for intrastate clearance. The job order submitted to the SWA must satisfy the requirements for agricultural clearance orders in 20 CFR Part 653, Subpart F, and the requirements set forth in 20 CFR 655.122.

Under normal filing procedures the ETA 790 form with the employer terms and conditions of their work contract (attachments) should be submitted to:

The Department of Labor (DOL) Form ETA 790 and Form ETA 9142 are available at the following DOL web site: http://www.foreignlaborcert.doleta.gov.

20 CFR 653. Subpart F: http://www.dol.gov/dol/allcfr/ETA/Title_20/Part_653/Subpart_F.htm

The interested public should direct all general inquiries regarding the H-2A program to the H-2A.Regulations@dol.gov mailbox. However, any case specific inquiries should be directed to the Chicago National Processing Center mailbox at TLC.Chicago@dol.gov

H-2A Labor Certification Process for Employers applying for Nonimmigrant Aliens to perform Temporary or Seasonal Work in Agriculture:

• March 15, 2010: To support implementation of the new H-2A regulations and current H-2B regulations, the Office of Foreign Labor Certification is making available the ETA Form 9142 (PDF) - Application for Temporary Employment Certification in a fillable Adobe Reader PDF format to provide users with the option to save and reuse the information on the form for future applications.
  
  
• March 5, 2010 H-2A Regulations Mailbox Open for Inquiries: After the publication of the H-2A Final Rule addressing the Temporary Agricultural Employment of H-2A Aliens in the United States, the Department's Office of Foreign Labor Certification has reopened its H-2A Regulations mailbox for public inquiries. The interested public should direct all general inquiries regarding the H-2A program to the H-2A.Regulations@dol.gov mailbox. However, any case specific inquiries should be directed to the Chicago National Processing Center mailbox at TLC.Chicago@dol.gov
  
  
• February 18, 2010: The Department has published in the Federal Register a Notice announcing the 2010 Adverse Effect Wage Rates, the allowable charges for meals, as well as maximum travel subsistence reimbursement amounts applicable to the H-2A temporary agricultural labor certification program. Read the full text of the Notice (PDF).
  
  
• February 12, 2010: Temporary Agricultural Employment of H-2A Aliens in the United States. The Department has published in the Federal Register a Final Rule amending the regulations governing the labor certification process for the temporary agricultural employment of H-2A aliens in the United States, codified at 20 CFR part 655, and enforcement of employer obligations under the H-2A program, codified at 29 CFR Part 501. The new regulations will go into effect on March 15, 2010. Beginning on that date, all program users will be required to file their applications under the new regulations and to comply with all applicable program requirements. To read the full text of the Final Rule, please click each of the following links.
  
  H-2A Final Part 1 (PDF)
  H-2A Final Part 2 (PDF)
  H-2A Final Part 3 (PDF)
  
  Read a Fact Sheet on the Final Rule (PDF).

Please e-mail questions or comments to alienlabor@twc.state.tx.us