Training and Employment Guidance (TEGL) Letter No. 33-10: Special Procedures: Labor Certification Process for Itinerant Commercial Beekeeping Employers in the H-2A Program, 47241-47243 [2011-19751]
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Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Notices
Funding Opportunity Number: SGA
11–02.
DATES: Key Dates: The closing date for
receipt of applications is September 6,
2011 via https://www.grants.gov.
sroberts on DSK5SPTVN1PROD with NOTICES
Funding Opportunity Description
The U.S. Department of Labor (‘‘DOL’’
or ‘‘Department’’), Office of Disability
Employment Policy (ODEP) announces
the availability of approximately $1.65
million to be awarded to consortia to
fund three cooperative agreements
ranging from $500,000 to $550,000. The
goal of the Add Us In initiative is to
identify and develop strategies to
increase the capacity of small
businesses and communities, including
underrepresented and historically
excluded communities, to employ youth
and adults with disabilities. Add Us In
aims to achieve these goals through: (1)
The development and evaluation of
replicable models, strategies and
policies 1 that would ensure that youth
and adults with disabilities from
communities that include
underrepresented and historically
excluded communities have access to a
broader range of employment and
mentoring opportunities; (2) the
development of active and sustainable
partnerships between targeted
businesses, diversity-serving
organizations, youth-serving
organizations and disability-serving
organizations; and (3) the building of a
national and local network of experts
skilled in meeting the employment
needs of individuals with disabilities
and the hiring needs of targeted
business owners. The goal of Add Us In
will be accomplished through the
competitive funding of consortia tasked
to design, implement and evaluate
innovative systems models that support
competitive employment opportunities
for people with disabilities within
targeted businesses.
For the purpose of this solicitation,
the inclusion of underrepresented and
historically excluded communities,
defined below, is a specific focus. The
make-up of these communities may vary
in different regions, and can include:
ethnic and racial minorities including
African American, Asian American
(including Asian Americans of West
Asian decent, e.g., India, and Asian
Americans of East Asian decent, e.g.,
Japan and Korea); Latino or Hispanic
American; Federally recognized Tribes
and Native American communities
1 Replicable
models, strategies and policies are
methods of connecting people with disabilities to
employment and might include, but are not limited
to, mentoring, entrepreneurial activities,
internships, training and leadership opportunities.
VerDate Mar<15>2010
17:29 Aug 03, 2011
Jkt 223001
(including American Indians; Alaska
Natives, Native Hawaiians, and other
Native Pacific Islanders (including
American Samoan Natives)); Lesbian,
Gay, Bisexual, Transgender (LGBT)
individuals; women; veterans; and other
similar groups.
Historically excluded communities
are areas or groups that face some or all
of the following economic challenges:
blight, underinvestment, low per capita
income, high poverty, high
unemployment, discrimination in
housing, credit or the labor market,
environmental or natural resource
degradation, and mass layoffs. A
targeted business is a small for-profit
enterprise such as a sole proprietorship,
partnership, corporation, or joint
venture of any kind, physically located
in the United States or its trust
territories that is at least 51 percent
owned, operated and controlled on a
daily basis by a United States citizen (or
citizens) who are members of
underrepresented and historically
excluded communities.2
The full Solicitation for Grant
Applications is posted on https://
www.grants.gov under U.S. Department
of Labor/ODEP. Applications submitted
through https://www.grants.gov or hard
copy will be accepted. If you need to
speak to a person concerning these
grants, you may telephone Cassandra
Mitchell at 202–693–4570 (not a tollfree number). If you have issues
regarding access to the https://
www.grants.gov Web site, you may
telephone the Contact Center Phone at
1–800–518–4726.
Signed in Washington, DC, this 1st day of
August 2011.
Cassandra R. Mitchell,
Grant Officer.
[FR Doc. 2011–19823 Filed 8–3–11; 8:45 am]
BILLING CODE 4510–FT–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Training and Employment Guidance
(TEGL) Letter No. 33–10: Special
Procedures: Labor Certification
Process for Itinerant Commercial
Beekeeping Employers in the H–2A
Program
Employment and Training
Administration, Labor.
AGENCY:
2 For the purposes of this solicitation, the
definition of a ‘‘small’’ (with regard to the size of
the business) is as determined by the U.S. Small
Business Administration (SBA) regulations
addressing business size standards (13 CFR part
121).
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ACTION:
47241
Notice.
The Employment and
Training Administration (ETA) of the
United States. Department of Labor
(Department) is publishing, for public
information, notice of the issuance and
availability of TEGL 33–10 entitled,
Special Procedures: Labor Certification
Process for Itinerant Commercial
Beekeeping Employers in the H–2A
Program, signed on June 14, 2011, by
Jane Oates, Assistant Secretary for
Employment and Training
Administration.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
William L. Carlson, PhD, Administrator,
Office of Foreign Labor Certification,
ETA, U.S. Department of Labor, 200
Constitution Avenue, NW., Room C–
4312, Washington, DC 20210;
Telephone (202) 693–3010 (this is not a
toll-free number). Individuals with
hearing or speech impairments may
access the telephone number above via
TTY by calling the toll-free Federal
Information Relay Service at 1–800–
877–8339.
SUPPLEMENTARY INFORMATION:
Special Procedures: Labor Certification
Process for Itinerant Commercial
Beekeeping Employers in the H–2A
Program
1. Purpose. To establish special
procedures for itinerant commercial
beekeeper employers who apply to the
Department to obtain labor certifications
to hire temporary agricultural foreign
workers to perform work in the United
States (U.S.)
2. References.
• 20 CFR part 655, subpart B;
• 20 CFR part 653, subparts B and F;
• 20 CFR part 654, subpart E.
3. Background. In 1986, Congress
passed the Immigration Reform and
Control Act of 1986 (IRCA) which
amended the Immigration and
Nationality Act (INA), 8 U.S.C. 1101 et
seq. and established the H–2A Program.
In 1987, the Department issued an
Interim Final Rule, promulgating the
first H–2A regulations (the 1987
regulations) in accordance with IRCA.
54 FR 20496, Jun. 1, 1987. The 1987
regulations provided for the
administration of the H–2A Program by
ETA Regional Administrators, and
instituted procedures to offset the
adverse effects of immigration on U.S.
workers. Additionally, the 1987
regulations also established special
procedures for certain occupations, as
long as they did not deviate from the
Secretary’s statutory responsibility to
determine U.S. worker availability and
the adverse effect of foreign workers on
E:\FR\FM\04AUN1.SGM
04AUN1
sroberts on DSK5SPTVN1PROD with NOTICES
47242
Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Notices
the wages and working conditions of
U.S. workers.
The 1987 regulations remained in
effect, largely unchanged, until the
Department promulgated new H–2A
regulations on December 18, 2008. 73
FR 77110, Dec. 18, 2008 (the 2008 Final
Rule). The 2008 Final Rule
implemented an attestation-based
application process and made several
substantive changes to the program, but
retained the special procedures concept.
After the Department determined that
the 2008 Final Rule did not meet policy
objectives of the H–2A Program, the
Department commenced another
rulemaking process culminating in the
publication of new H–2A regulations on
February 12, 2010. 75 FR 6884, Feb. 12,
2010 (the 2010 Final Rule). Section 20
CFR 655.102 provides the Administrator
of the Office of Foreign Labor
Certification (OFLC) with authority to
establish, continue, revise or revoke
special procedures for processing
certain H–2A applications, as long as
those procedures do not deviate from
statutory requirements under the INA.
After receiving a request from the
American Beekeeping Federation and in
consideration of the unique
characteristics of itinerant commercial
beekeeping operations, the Department
is exercising its authority to establish
certain special procedures for
processing H–2A applications for
itinerant commercial beekeeping
occupations. The Department recognizes
that an industry-wide standard exists
among commercial beekeeping
employers to transport honey bee
colonies to farms and orchards
throughout the U.S. Itinerant
commercial beekeepers typically
transport their honey bee colonies north
in the summer and south in the winter,
stopping as needed to pollinate crops in
bloom. For both commercial beekeepers
and farmers, the need to move bees from
one State to another throughout the
growing season has intensified as the
number of bees and beekeepers decline
and agricultural methods evolve.
Large farms and orchards require a
large concentration of healthy, active
pollinators during specific periods
when crops are in flower. In addition,
beekeepers have determined that they
can maintain stronger, healthier honey
bee colonies by transporting their
colonies to warmer, southern States
during the cold months. Providing
flexibility in the H–2A Program for
itinerant commercial beekeepers to
move honey bee colonies to various
parts of the U.S. will enable this
industry to maintain strong, healthy
honey bee colonies and provide the
pollination services which are vital to
VerDate Mar<15>2010
17:29 Aug 03, 2011
Jkt 223001
successful crop production.
Accordingly, the Department is
establishing special procedures enabling
itinerant commercial beekeeper
employers to use the H–2A Program
while moving their beekeeping activities
among farms and orchards located in
multiple areas of intended employment
throughout the U.S.
4. Special Procedures. Attachment A
outlines special procedures for
applications submitted by itinerant
commercial beekeeping employers
under the H–2A Program. Unless
otherwise specified in Attachment A,
applications submitted by itinerant
commercial beekeeper employers must
comply with the requirements for H–2A
applications contained at 20 CFR part
655, subpart B. Similarly, unless
otherwise specified, job orders
submitted for these occupations must
comply with the requirements of 20 CFR
parts 655, subpart B, 653 subparts B and
F, and 654.
5. Effective Date. This guidance
applies to all temporary labor
certification applications for
occupations in itinerant commercial
beekeeping in the H–2A Program with a
start date of need on or after October 1,
2011.
6. Action. The Chicago National
Processing Center (Chicago NPC)
Program Director and State Workforce
Agency (SWA) Administrators are
directed to immediately provide copies
of these special procedures to all staff
involved in processing H–2A labor
certification applications from itinerant
commercial beekeeping employers.
7. Inquiries. Questions from SWA staff
should be directed to the Chicago NPC.
Questions from the Chicago NPC staff
should be directed to the OFLC National
Office.
8. Attachment.
Attachment A: Special Procedures:
Labor Certification Process for Itinerant
Commercial Beekeeping Employers
under the H–2A. See full text below.
Attachment A: Special Procedures:
Labor Certification Process for
Applications in the Itinerant
Commercial Beekeeping Industry
Under the H–2A Program
This document outlines special
procedures for applications submitted
by employers in the itinerant
commercial beekeeping industry under
the H–2A Program. Unless otherwise
specified in this attachment,
applications submitted for itinerant
commercial beekeeping occupations
must comply with the requirements for
processing H–2A applications outlined
in 20 CFR part 655, subpart B. Similarly,
unless otherwise specified, job orders
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
submitted for itinerant commercial
beekeeping occupations must comply
with the requirements of 20 CFR parts
655, subpart B, 653, subparts B and F,
and 654.
I. Prefiling Procedures
A. Job Orders and SWA Review (20
CFR 655.121). An employer engaged in
commercial beekeeping activities is
allowed to submit a single Agricultural
and Food Processing Clearance Order,
ETA Form 790 (job order), Office of
Management and Budget (OMB) 1205–
0134, and all appropriate attachments
covering a planned itinerary of work in
multiple States. If the job opportunity is
located in more than one State, either
within the same area of intended
employment or multiple areas of
intended employment, the employer
must submit the job order and all
attachments (including a detailed
itinerary) to the SWA having
jurisdiction over the anticipated
worksite(s) where the work is expected
to begin. The employer must submit the
job order no more than 75 calendar days
and no less than 60 calendar days before
the employer’s first date of need.
Unless otherwise specified in these
special procedures, the job order
submitted to the SWA must satisfy the
requirements for agricultural clearance
orders outlined in 20 CFR part 653,
subpart F and the requirements set forth
in 20 CFR 655.122. The SWA will
review the job order for regulatory
compliance and will work with the
employer to address any noted
deficiencies. Upon its clearance of the
job order, the SWA must promptly place
the job order in intrastate clearance and
commence recruitment of U.S. workers.
The job order shall remain active until
50 percent of the work contract period
has elapsed for all SWAs in possession
of the employer’s job order (including
those receiving in interstate clearance
under 20 CFR 655.150), unless
otherwise advised by the Chicago NPC.
B. Contents of Job Offers (20 CFR
655.122). Unless otherwise specified in
this section, the content of job offers
submitted to the SWAs and the Chicago
NPC for itinerant beekeeping activities
must comply with all of the
requirements of 20 CFR parts 655,
subpart B, 653, subparts B and F, and
654.
1. Job qualifications and
requirements.
Experience. Due to the unique nature
of the work to be performed, the job
offer may specify that applicants
possess up to 3 months of experience as
a beekeeper and may require
reference(s) to verify the applicant’s
experience performing such activities.
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Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Notices
Applicants must provide the name,
address, and telephone number of any
previous employer used as a reference.
The appropriateness of any other
experience requirements must be
substantiated by the employer and
approved by the Chicago NPC.
Completion of Itinerary. An itinerant
beekeeping employer may require in its
job offer that an applicant for the job
must be available to work for the entire
itinerary. An applicant referred to the
employer after the labor certification has
been granted, but before 50 percent of
the work contract period for the entire
itinerary has elapsed, must be available
and willing to join the employer at
whatever place the employer is located
at the time and remain with the
employer for the duration of the
beekeeping itinerary. An employer’s
rejection of an applicant who is unable
or unwilling to accept such a
requirement is considered a lawful jobrelated rejection.
Other Requirements. Due to the
unique nature of the work to be
performed, the job offer may specify that
applicants may not have bee-, pollen- or
honey-related allergies and must have or
be able to obtain within 30 days of
employment, a valid U.S. driver’s
license. Any other requirements must be
normal and accepted for the occupation,
and the SWA and the Chicago NPC have
the authority to request supporting
documentation substantiating the
appropriateness of the duties prior to
accepting the job order.
2. Workers’ compensation. The
employer must provide workers’
compensation insurance coverage, as
described in 20 CFR 655.122(e), in all
States where commercial migratory
beekeeping work will be performed.
Prior to the issuance of the Temporary
Labor Certification, the employer must
provide the Certifying Officer (CO) with
proof of workers’ compensation
coverage, including the name of the
insurance carrier, the insurance policy
number, and proof of insurance for the
dates of need, or if appropriate, proof of
State law coverage for each State where
the commercial migratory beekeeping
work will be performed. In the event
that the current coverage will expire
before the end of the certified work
contract period or the insurance
statement does not include all of the
information required under the
regulations at 20 CFR 655.122(e), the
employer will be required to
supplement its proof of workers’
compensation for that State before a
final determination is due. Where the
employer’s coverage will expire before
the end of the certified work contract
period, the employer may submit as
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17:29 Aug 03, 2011
Jkt 223001
proof of renewed coverage a signed and
dated statement or letter showing proof
of intent to renew and maintain
coverage for the dates of need. The
employer must maintain evidence that
its workers’ compensation was renewed,
in the event the Department requests it.
3. Housing. The employer must state
in its job offer that sufficient housing
will be provided at no cost to H–2A
workers and any workers in
corresponding employment who are not
reasonably able to return to their
residence within the same day. All
employer-provided housing must
comply with requirements set out in 20
CFR 655.122(d) for the entire period of
occupancy. For each anticipated
worksite covering the itinerary, the job
offer must disclose the type, location,
and capacity of all housing that will be
provided to the workers. Prior to the
issuance of the Temporary Labor
Certification, the CO must receive
evidence that all housing complies with
the applicable local, State, or Federal
housing standards.
4. Rates of pay. For each State listed
in an approved itinerary, the employer
must state in its job offer and agree to
pay a wage that is at least the highest
of the Adverse Effect Wage Rate, the
prevailing hourly wage, the agreed-upon
collective bargaining wage, or the
Federal or State minimum wage, in
effect at the time the work is performed.
II. Application for Temporary
Employment Certification Filing
Procedures
A. Application Filing Requirements
(20 CFR 655.130). An individual
employer that desires to apply for
temporary employment certification for
one or more nonimmigrant workers
must file the following documentation
with the Chicago NPC no less than 45
calendar days before the employer’s
date of need:
• ETA Form 9142 (OMB 1205–0466),
Application for Temporary Employment
Certification, and Appendix A.2;
• Copy of the ETA Form 790 and all
attachments previously submitted to the
SWA;
• A planned itinerary listing the
names and contact information of all
farmers/ranchers and identifying, with
as much geographic specificity as
possible and for each farmer/rancher, all
of the physical locations and estimated
start and end dates of need where work
will be performed; and
• All other required documentation
supporting the application.
B. H–2A Labor Contractor (H–2ALC)
Filing Requirements (20 CFR 655.132).
The Department is granting a special
variance to the application filing
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Frm 00104
Fmt 4703
Sfmt 4703
47243
procedures for H–2ALCs contained at 20
CFR 655.132(a). Specifically, an
employer engaged in commercial
beekeeping activities is authorized to
file an Application for Temporary
Employment Certification covering one
or more areas of intended employment
based on a planned itinerary. An
itinerant beekeeping employer who
desires to employ one or more
nonimmigrant workers on an itinerary
to provide beekeeping services to fixedsite farmers/ranchers is, by definition,
an H–2ALC. Therefore, the itinerant
beekeeping labor contractor must
identify itself as the employer of record
on the ETA Form 9142 by completing
Section C and marking item C.17 as ‘‘H–
2A Labor Contractor,’’ and submitting,
in addition to the documentation
required under 20 CFR 655.130, all
other required documentation
supporting an H–2ALC application.
Signed in Washington, DC this 29th day of
July 2011.
Jane Oates,
Assistant Secretary for Employment and
Training Administration.
[FR Doc. 2011–19751 Filed 8–3–11; 8:45 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Training and Employment Guidance
(TEGL) Letter No. 15–06, Change 1,
Special Procedures: Labor
Certification Process for Occupations
Involved in the Open Range
Production of Livestock Under the H–
2A Program
Employment and Training
Administration, Labor.
ACTION: Notice.
AGENCY:
The Employment and
Training Administration (ETA) of the
United States Department of Labor
(Department) is publishing, for public
information, notice of the issuance and
availability of TEGL 15–06, Change 1
entitled, Special Procedures: Labor
Certification Process for Occupations
Involved in the Open Range Production
of Livestock under the H–2A Program,
signed on June 14, 2011, by Jane Oates,
Assistant Secretary for Employment and
Training Administration.
FOR FURTHER INFORMATION CONTACT:
William L. Carlson, PhD, Administrator,
Office of Foreign Labor Certification,
ETA, U.S. Department of Labor, 200
Constitution Avenue, NW., Room C–
4312, Washington, DC 20210;
Telephone (202) 693–3010 (this is not a
SUMMARY:
E:\FR\FM\04AUN1.SGM
04AUN1
]]>Agencies
[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47241-47243]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19751]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Training and Employment Guidance (TEGL) Letter No. 33-10: Special
Procedures: Labor Certification Process for Itinerant Commercial
Beekeeping Employers in the H-2A Program
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Employment and Training Administration (ETA) of the United
States. Department of Labor (Department) is publishing, for public
information, notice of the issuance and availability of TEGL 33-10
entitled, Special Procedures: Labor Certification Process for Itinerant
Commercial Beekeeping Employers in the H-2A Program, signed on June 14,
2011, by Jane Oates, Assistant Secretary for Employment and Training
Administration.
FOR FURTHER INFORMATION CONTACT: William L. Carlson, PhD,
Administrator, Office of Foreign Labor Certification, ETA, U.S.
Department of Labor, 200 Constitution Avenue, NW., Room C-4312,
Washington, DC 20210; Telephone (202) 693-3010 (this is not a toll-free
number). Individuals with hearing or speech impairments may access the
telephone number above via TTY by calling the toll-free Federal
Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Special Procedures: Labor Certification Process for Itinerant
Commercial Beekeeping Employers in the H-2A Program
1. Purpose. To establish special procedures for itinerant
commercial beekeeper employers who apply to the Department to obtain
labor certifications to hire temporary agricultural foreign workers to
perform work in the United States (U.S.)
2. References.
20 CFR part 655, subpart B;
20 CFR part 653, subparts B and F;
20 CFR part 654, subpart E.
3. Background. In 1986, Congress passed the Immigration Reform and
Control Act of 1986 (IRCA) which amended the Immigration and
Nationality Act (INA), 8 U.S.C. 1101 et seq. and established the H-2A
Program. In 1987, the Department issued an Interim Final Rule,
promulgating the first H-2A regulations (the 1987 regulations) in
accordance with IRCA. 54 FR 20496, Jun. 1, 1987. The 1987 regulations
provided for the administration of the H-2A Program by ETA Regional
Administrators, and instituted procedures to offset the adverse effects
of immigration on U.S. workers. Additionally, the 1987 regulations also
established special procedures for certain occupations, as long as they
did not deviate from the Secretary's statutory responsibility to
determine U.S. worker availability and the adverse effect of foreign
workers on
[[Page 47242]]
the wages and working conditions of U.S. workers.
The 1987 regulations remained in effect, largely unchanged, until
the Department promulgated new H-2A regulations on December 18, 2008.
73 FR 77110, Dec. 18, 2008 (the 2008 Final Rule). The 2008 Final Rule
implemented an attestation-based application process and made several
substantive changes to the program, but retained the special procedures
concept. After the Department determined that the 2008 Final Rule did
not meet policy objectives of the H-2A Program, the Department
commenced another rulemaking process culminating in the publication of
new H-2A regulations on February 12, 2010. 75 FR 6884, Feb. 12, 2010
(the 2010 Final Rule). Section 20 CFR 655.102 provides the
Administrator of the Office of Foreign Labor Certification (OFLC) with
authority to establish, continue, revise or revoke special procedures
for processing certain H-2A applications, as long as those procedures
do not deviate from statutory requirements under the INA.
After receiving a request from the American Beekeeping Federation
and in consideration of the unique characteristics of itinerant
commercial beekeeping operations, the Department is exercising its
authority to establish certain special procedures for processing H-2A
applications for itinerant commercial beekeeping occupations. The
Department recognizes that an industry-wide standard exists among
commercial beekeeping employers to transport honey bee colonies to
farms and orchards throughout the U.S. Itinerant commercial beekeepers
typically transport their honey bee colonies north in the summer and
south in the winter, stopping as needed to pollinate crops in bloom.
For both commercial beekeepers and farmers, the need to move bees from
one State to another throughout the growing season has intensified as
the number of bees and beekeepers decline and agricultural methods
evolve.
Large farms and orchards require a large concentration of healthy,
active pollinators during specific periods when crops are in flower. In
addition, beekeepers have determined that they can maintain stronger,
healthier honey bee colonies by transporting their colonies to warmer,
southern States during the cold months. Providing flexibility in the H-
2A Program for itinerant commercial beekeepers to move honey bee
colonies to various parts of the U.S. will enable this industry to
maintain strong, healthy honey bee colonies and provide the pollination
services which are vital to successful crop production. Accordingly,
the Department is establishing special procedures enabling itinerant
commercial beekeeper employers to use the H-2A Program while moving
their beekeeping activities among farms and orchards located in
multiple areas of intended employment throughout the U.S.
4. Special Procedures. Attachment A outlines special procedures for
applications submitted by itinerant commercial beekeeping employers
under the H-2A Program. Unless otherwise specified in Attachment A,
applications submitted by itinerant commercial beekeeper employers must
comply with the requirements for H-2A applications contained at 20 CFR
part 655, subpart B. Similarly, unless otherwise specified, job orders
submitted for these occupations must comply with the requirements of 20
CFR parts 655, subpart B, 653 subparts B and F, and 654.
5. Effective Date. This guidance applies to all temporary labor
certification applications for occupations in itinerant commercial
beekeeping in the H-2A Program with a start date of need on or after
October 1, 2011.
6. Action. The Chicago National Processing Center (Chicago NPC)
Program Director and State Workforce Agency (SWA) Administrators are
directed to immediately provide copies of these special procedures to
all staff involved in processing H-2A labor certification applications
from itinerant commercial beekeeping employers.
7. Inquiries. Questions from SWA staff should be directed to the
Chicago NPC. Questions from the Chicago NPC staff should be directed to
the OFLC National Office.
8. Attachment.
Attachment A: Special Procedures: Labor Certification Process for
Itinerant Commercial Beekeeping Employers under the H-2A. See full text
below.
Attachment A: Special Procedures: Labor Certification Process for
Applications in the Itinerant Commercial Beekeeping Industry Under the
H-2A Program
This document outlines special procedures for applications
submitted by employers in the itinerant commercial beekeeping industry
under the H-2A Program. Unless otherwise specified in this attachment,
applications submitted for itinerant commercial beekeeping occupations
must comply with the requirements for processing H-2A applications
outlined in 20 CFR part 655, subpart B. Similarly, unless otherwise
specified, job orders submitted for itinerant commercial beekeeping
occupations must comply with the requirements of 20 CFR parts 655,
subpart B, 653, subparts B and F, and 654.
I. Prefiling Procedures
A. Job Orders and SWA Review (20 CFR 655.121). An employer engaged
in commercial beekeeping activities is allowed to submit a single
Agricultural and Food Processing Clearance Order, ETA Form 790 (job
order), Office of Management and Budget (OMB) 1205-0134, and all
appropriate attachments covering a planned itinerary of work in
multiple States. If the job opportunity is located in more than one
State, either within the same area of intended employment or multiple
areas of intended employment, the employer must submit the job order
and all attachments (including a detailed itinerary) to the SWA having
jurisdiction over the anticipated worksite(s) where the work is
expected to begin. The employer must submit the job order no more than
75 calendar days and no less than 60 calendar days before the
employer's first date of need.
Unless otherwise specified in these special procedures, the job
order submitted to the SWA must satisfy the requirements for
agricultural clearance orders outlined in 20 CFR part 653, subpart F
and the requirements set forth in 20 CFR 655.122. The SWA will review
the job order for regulatory compliance and will work with the employer
to address any noted deficiencies. Upon its clearance of the job order,
the SWA must promptly place the job order in intrastate clearance and
commence recruitment of U.S. workers.
The job order shall remain active until 50 percent of the work
contract period has elapsed for all SWAs in possession of the
employer's job order (including those receiving in interstate clearance
under 20 CFR 655.150), unless otherwise advised by the Chicago NPC.
B. Contents of Job Offers (20 CFR 655.122). Unless otherwise
specified in this section, the content of job offers submitted to the
SWAs and the Chicago NPC for itinerant beekeeping activities must
comply with all of the requirements of 20 CFR parts 655, subpart B,
653, subparts B and F, and 654.
1. Job qualifications and requirements.
Experience. Due to the unique nature of the work to be performed,
the job offer may specify that applicants possess up to 3 months of
experience as a beekeeper and may require reference(s) to verify the
applicant's experience performing such activities.
[[Page 47243]]
Applicants must provide the name, address, and telephone number of any
previous employer used as a reference. The appropriateness of any other
experience requirements must be substantiated by the employer and
approved by the Chicago NPC.
Completion of Itinerary. An itinerant beekeeping employer may
require in its job offer that an applicant for the job must be
available to work for the entire itinerary. An applicant referred to
the employer after the labor certification has been granted, but before
50 percent of the work contract period for the entire itinerary has
elapsed, must be available and willing to join the employer at whatever
place the employer is located at the time and remain with the employer
for the duration of the beekeeping itinerary. An employer's rejection
of an applicant who is unable or unwilling to accept such a requirement
is considered a lawful job-related rejection.
Other Requirements. Due to the unique nature of the work to be
performed, the job offer may specify that applicants may not have bee-,
pollen- or honey-related allergies and must have or be able to obtain
within 30 days of employment, a valid U.S. driver's license. Any other
requirements must be normal and accepted for the occupation, and the
SWA and the Chicago NPC have the authority to request supporting
documentation substantiating the appropriateness of the duties prior to
accepting the job order.
2. Workers' compensation. The employer must provide workers'
compensation insurance coverage, as described in 20 CFR 655.122(e), in
all States where commercial migratory beekeeping work will be
performed. Prior to the issuance of the Temporary Labor Certification,
the employer must provide the Certifying Officer (CO) with proof of
workers' compensation coverage, including the name of the insurance
carrier, the insurance policy number, and proof of insurance for the
dates of need, or if appropriate, proof of State law coverage for each
State where the commercial migratory beekeeping work will be performed.
In the event that the current coverage will expire before the end of
the certified work contract period or the insurance statement does not
include all of the information required under the regulations at 20 CFR
655.122(e), the employer will be required to supplement its proof of
workers' compensation for that State before a final determination is
due. Where the employer's coverage will expire before the end of the
certified work contract period, the employer may submit as proof of
renewed coverage a signed and dated statement or letter showing proof
of intent to renew and maintain coverage for the dates of need. The
employer must maintain evidence that its workers' compensation was
renewed, in the event the Department requests it.
3. Housing. The employer must state in its job offer that
sufficient housing will be provided at no cost to H-2A workers and any
workers in corresponding employment who are not reasonably able to
return to their residence within the same day. All employer-provided
housing must comply with requirements set out in 20 CFR 655.122(d) for
the entire period of occupancy. For each anticipated worksite covering
the itinerary, the job offer must disclose the type, location, and
capacity of all housing that will be provided to the workers. Prior to
the issuance of the Temporary Labor Certification, the CO must receive
evidence that all housing complies with the applicable local, State, or
Federal housing standards.
4. Rates of pay. For each State listed in an approved itinerary,
the employer must state in its job offer and agree to pay a wage that
is at least the highest of the Adverse Effect Wage Rate, the prevailing
hourly wage, the agreed-upon collective bargaining wage, or the Federal
or State minimum wage, in effect at the time the work is performed.
II. Application for Temporary Employment Certification Filing
Procedures
A. Application Filing Requirements (20 CFR 655.130). An individual
employer that desires to apply for temporary employment certification
for one or more nonimmigrant workers must file the following
documentation with the Chicago NPC no less than 45 calendar days before
the employer's date of need:
ETA Form 9142 (OMB 1205-0466), Application for Temporary
Employment Certification, and Appendix A.2;
Copy of the ETA Form 790 and all attachments previously
submitted to the SWA;
A planned itinerary listing the names and contact
information of all farmers/ranchers and identifying, with as much
geographic specificity as possible and for each farmer/rancher, all of
the physical locations and estimated start and end dates of need where
work will be performed; and
All other required documentation supporting the
application.
B. H-2A Labor Contractor (H-2ALC) Filing Requirements (20 CFR
655.132). The Department is granting a special variance to the
application filing procedures for H-2ALCs contained at 20 CFR
655.132(a). Specifically, an employer engaged in commercial beekeeping
activities is authorized to file an Application for Temporary
Employment Certification covering one or more areas of intended
employment based on a planned itinerary. An itinerant beekeeping
employer who desires to employ one or more nonimmigrant workers on an
itinerary to provide beekeeping services to fixed-site farmers/ranchers
is, by definition, an H-2ALC. Therefore, the itinerant beekeeping labor
contractor must identify itself as the employer of record on the ETA
Form 9142 by completing Section C and marking item C.17 as ``H-2A Labor
Contractor,'' and submitting, in addition to the documentation required
under 20 CFR 655.130, all other required documentation supporting an H-
2ALC application.
Signed in Washington, DC this 29th day of July 2011.
Jane Oates,
Assistant Secretary for Employment and Training Administration.
[FR Doc. 2011-19751 Filed 8-3-11; 8:45 am]
BILLING CODE 4510-FP-P
