Labor Certification Process for the Temporary Employment of H-2A and H-2B Aliens in the United States: 2016 Allowable Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including Lodging, 9885-9887 [2016-04116]

Download as PDF Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices Programs is open to the public and webcast. Seating is limited and preregistration is strongly encouraged. Media representatives are also encouraged to register in advance. Written Comments: Pursuant to section 10(a)(3) of the FACA and 41 CFR 102–3.105(j) and 102–3.140, the public or interested organizations may submit written comments to the Commission in response to the stated agenda and meeting material. Meeting material, including work products will be made available on the Commission’s Web site: http://www.justice.gov/ncfs. Oral Comments: In addition to written statements, members of the public may present oral comments at 1:30 p.m. on March 21, 2016 and at 5:30 p.m. on March 22, 2016. Those individuals interested in making oral comments should indicate their intent through the on-line registration form and time will be allocated on a first-come, first-served basis. Time allotted for an individual’s comment period will be limited to no more than 3 minutes. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled public comment periods, written comments can be submitted through www.regulations.gov in lieu of oral comments. Registration: Individuals and entities who wish to attend the public meeting are strongly encouraged to pre-register for the meeting on-line by clicking the registration link found at: http:// www.justice.gov/ncfs/term-2-meetings8–15#s9. Online registration for the meeting must be completed on or before 5:00 p.m. (EST) March 17, 2016. Additional Information: The Department of Justice welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations, please indicate your requirements on the online registration form. mstockstill on DSK4VPTVN1PROD with NOTICES Dated: February 19, 2016. Andrew J. Bruck, Designated Federal Official, National Commission on Forensic Science. [FR Doc. 2016–04180 Filed 2–25–16; 8:45 am] BILLING CODE 4410–18–P VerDate Sep<11>2014 20:41 Feb 25, 2016 Jkt 238001 permitting electronic submission of responses. DEPARTMENT OF JUSTICE [OMB Number 1121–0219] Agency Information Collection Activities Proposed eCollection eComments Requested; Extension, Without Change, of a Currently Approved Collection Juvenile Residential Facility Census (JRFC) Office of Justice Program, Department of Justice. ACTION: 60-Day notice. AGENCY: The Department of Justice (DOJ), Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES: Comments are encouraged and will be accepted for 60 days until April 26, 2016. FOR FURTHER INFORMATION CONTACT: If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Brecht Donoghue, (202) 305– 1270, Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice, 810 Seventh Street NW., Washington, DC 20531. SUPPLEMENTARY INFORMATION: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: — Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; — Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; — Enhance the quality, utility, and clarity of the information to be collected; and — Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., SUMMARY: PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 9885 Overview of This Information Collection Back to Top (1) Type of information collection: Extension, without change, of a currently approved collection. (2) The title of the form/collection: Juvenile Residential Facility Census. (3) The agency form number, if any, and the applicable component of the Department sponsoring the collection: The form number is CJ–15, Office of Juvenile Justice and Delinquency Prevention, United States Department of Justice. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Federal Government, State, Local or Tribal. Other: Not-forprofit institutions; Business or other forprofit. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that 2,429 respondents will complete a 2-hour questionnaire. (6) An estimate of the total public burden (in hours) associated with the collection: Approximately 4,858 hours. If additional information is required, contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Suite 3E– 405B, Washington, DC 20530. Dated: February 23, 2016. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2016–04169 Filed 2–25–16; 8:45 am] BILLING CODE 4410–18–P DEPARTMENT OF LABOR Employment and Training Administration Labor Certification Process for the Temporary Employment of H–2A and H–2B Aliens in the United States: 2016 Allowable Charges for Agricultural Workers’ Meals and for Travel Subsistence Reimbursement, Including Lodging Employment and Training Administration, Department of Labor. ACTION: Notice. AGENCY: The Employment and Training Administration (ETA) of the Department of Labor (Department or DOL) is issuing this Notice to announce SUMMARY: E:\FR\FM\26FEN1.SGM 26FEN1 9886 Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES (1) the allowable charges for 2016 that employers seeking H–2A workers in occupations other than range herding may charge their workers when the employer provides three meals a day, and (2) the maximum travel subsistence meal reimbursement that a worker with receipts may claim in 2016 under the H–2A and H–2B programs. The Notice also includes a reminder regarding employers’ obligations with respect to overnight lodging costs as part of required subsistence. DATES: This notice is effective on February 26, 2016. FOR FURTHER INFORMATION CONTACT: William W. Thompson, II, Acting Administrator, Office of Foreign Labor Certification (OFLC), U.S. Department of Labor, Ste. 12–200, 200 Constitution Avenue NW., Washington, DC 20210. Telephone: 202–513–7350 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: The United States (U.S.) Citizenship and Immigration Services (USCIS) of the Department of Homeland Security will not approve an employer’s petition for the admission of H–2A or H–2B nonimmigrant temporary workers in the U.S. unless the petitioner has received from the DOL an H–2A or H–2B labor certification. Both the H–2A and H–2B labor certifications provide that: (1) There are not sufficient U.S. workers who are qualified and who will be available to perform the labor or services involved in the petition; and (2) the employment of the foreign worker(s) in such labor or services will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. See 20 CFR 655.1(a) (H–2B); 20 CFR 655.100 (H–2A). Allowable Meal Charge Among the minimum benefits and working conditions that the Department requires employers to offer their U.S. and H–2A workers who are not engaged in range occupations are three meals a day or free and convenient cooking and kitchen facilities so workers may prepare their own meals.1 20 CFR 655.122(g). Where the employer provides the meals, the job offer must state the charge, if any, to the worker for such meals. Id. The Department establishes the methodology for determining the maximum amounts that H–2A agricultural employers may charge their U.S. and foreign workers for providing them with three meals per day during 1 H–2A employers must provide workers engaged in herding or the production of livestock on the range meals or food to prepare meals without charge or deposit charge. 20 CFR 655.210(e). VerDate Sep<11>2014 20:41 Feb 25, 2016 Jkt 238001 employment. 20 CFR 655.173(a). This methodology allows for annual adjustments of the previous year’s maximum allowable charge based upon updated Consumer Price Index (CPI) data. Id. The maximum charge allowed by 20 CFR 655.122(g) is adjusted by the same percentage as the 12-month percent change in the CPI for all Urban Consumers for Food (CPI–U for Food).2 Id. The OFLC Certifying Officer may also permit an employer to charge workers a higher amount for providing them with three meals a day, if the higher amount is justified and sufficiently documented by the employer, as set forth in 20 CFR 655.173(b). The percentage change in the CPI–U for Food between December 2014 and December 2015 was 1.9 percent. Accordingly, the maximum allowable charge under 20 CFR 655.122(g) shall be no more than $12.09 per day, unless the OFLC Certifying Officer approves a higher charge as authorized under 20 CFR 655.173(b). Reimbursement for Daily Travel Subsistence The H–2A regulations (20 CFR 655.122(h)(1)) and the H–2B regulations (20 CFR 655.20(j)(1)(i)) establish that the minimum daily travel subsistence expense for meals, for which a worker is entitled to reimbursement, must be at least as much as the employer would charge for providing the worker with three meals a day during employment (if applicable). The minimum daily travel subsistence expense for meals may in no event be less than the amount permitted under § 655.173(a), i.e., the charge annually adjusted by the 12-month percentage change in CPI–U for Food. The Department bases the maximum meals component of the daily travel subsistence expense on the standard minimum Continental United States (CONUS) per diem rate as established by the General Services Administration (GSA) at 41 CFR part 301, formerly published in Appendix A, and now found at www.gsa.gov/perdiem. The CONUS minimum meals component increases to $51.00 per day for 2016.3 Workers who qualify for travel reimbursement are entitled to reimbursement for meals up to the CONUS meal rate when they provide receipts. In determining the appropriate amount of reimbursement for meals for less than a full day, the employer may 2 Consumer Price Index—December 2015, published January 20, 2016 at http://data.bls.gov/ pdq/SurveyOutputServlet. 3 Maximum Per Diem Rates for the Continental United States (CONUS), 80 FR 52753 (September 1, 2015); see also www.gsa.gov/perdiem. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 provide for meal expense reimbursement, with receipts, up to 75 percent of the maximum reimbursement for meals, or $38.25, based on the GSA per diem schedule. If a worker has no receipts, the employer is not obligated to reimburse above the minimum stated at 20 CFR 655.173 as specified above. The term ‘‘subsistence’’ includes both meals and lodging during travel to and from the worksite. Therefore, an H–2A employer is responsible for providing (either paying in advance or reimbursing a worker) the reasonable costs of transportation and daily subsistence between the employer’s worksite and the place from which the worker comes to work for the employer, if the worker completes 50 percent of the work contract period, and upon the worker completing the contract or being dismissed without cause, return costs. Similarly, an H–2B employer is responsible for providing (either paying in advance or reimbursing a worker) the reasonable costs of transportation and daily subsistence between the employer’s worksite and the place from which the worker comes to work for the employer, if the worker completes 50 percent of the job order period of employment, and upon the worker completing the job order period of employment or being dismissed early, return costs. In those instances where a worker must travel to obtain a visa so that the worker may enter the U.S. to come to work for the employer, the employer must pay for the transportation and daily subsistence costs of that part of the travel as well. Employers are required to assume responsibility for the reasonable costs associated with the worker’s travel, including transportation, food, and, in those instances where it is necessary, lodging. The minimum and maximum daily travel meal reimbursement amounts are established above. If transportation and lodging are not provided by the employer, the amount an employer must pay for transportation and, where required, lodging, must be no less than (and is not required to be more than) the most economical and reasonable costs. The employer is responsible for those costs necessary for the worker to travel to the worksite if the worker completes 50 percent of the work contract period, but is not responsible for unauthorized detours, and if the worker completes the contract or is dismissed as described above, return transportation and subsistence costs, including lodging costs where necessary. This policy applies equally to instances where the worker is traveling within the U.S. to the employer’s worksite. E:\FR\FM\26FEN1.SGM 26FEN1 Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices For further information on when the employer is responsible for lodging costs, please see the Department’s H–2A Frequently Asked Questions on Travel and Daily Subsistence, which may found on the OFLC Web site: http:// www.foreignlaborcert.doleta.gov/. Signed in Washington, DC. Portia Wu, Assistant Secretary, Employment and Training Administration. [FR Doc. 2016–04116 Filed 2–25–16; 8:45 am] BILLING CODE 4510–FP–P DEPARTMENT OF LABOR Office of the Secretary Authority: 44 U.S.C. 3507(a)(1)(D). Agency Information Collection Activities; Submission for OMB Review; Comment Request; Summary of Benefits and Coverage and Uniform Glossary Required Under the Affordable Care Act Office of the Secretary, DOL Notice. AGENCY: ACTION: The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) revision titled, ‘‘Summary of Benefits and Coverage and Uniform Glossary Required Under the Affordable Care Act,’’ to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before March 28, 2016. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at http:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201602–1210–002 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202–693–4129, TTY 202– 693–8064, (these are not toll-free numbers) or by email at DOL_PRA_ PUBLIC@dol.gov. Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL–EBSA, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202– 395–5806 (this is not a toll-free mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:41 Feb 25, 2016 number); or by email: OIRA_ submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 202–693–4129, TTY 202–693–8064, (these are not toll-free numbers) or by email at DOL_PRA_PUBLIC@dol.gov. Jkt 238001 This ICR seeks OMB approval of a revision to the Summary of Benefits and Coverage and Uniform Glossary (SBC) ICR codified in regulations 29 CFR 715–2715. The Patient Protection and Affordable Care Act, Pub. L. 111–148, was signed into law on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010, Pub. L. 111–152, was signed into law on March 30, 2010 (collectively known as the ‘‘Affordable Care Act’’). The Affordable Care Act amends the Public Health Service Act (PHS Act) by adding section 2715 ‘‘Development and Utilization of Uniform Explanation of Coverage Documents and Standardized Definitions.’’ This section directs the Department of Health and Human Services (HHS), the DOL, and the Department of the Treasury (collectively, the Departments), in consultation with the National Association of Insurance Commissioners (NAIC) and a working group comprised of stakeholders to develop standards for use by a group health plan and a health insurance issuer in compiling and providing to applicants, enrollees, policyholders, and certificate holders a SBC explanation that accurately describes the benefits and coverage under the applicable plan or coverage. A notice of proposed rulemaking (NPRM) was published on August 22, 2011 (76 FR 52442) with an accompanying document (76 FR 52475) containing the templates, instructions, and related materials for implementing the disclosure provisions under PHS Act 2715. The NPRM proposed 29 CFR 2590.715–2715. A final rule was published on February 14, 2012. A second notice of proposed rulemaking was published on December 30, 2014 (79 FR 78577) to propose revisions to the regulation as well as the templates, instructions, and related materials. On March 30, 2015, the Departments released an FAQ stating that the SUPPLEMENTARY INFORMATION: PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 9887 Departments intend to finalize changes to the regulations in the near future but intend to utilize consumer testing and offer an opportunity for the public, including the NAIC, to provide further input before finalizing revisions to the SBC template and associated documents. A final rule, without final revisions to the SBC template and associated documents, was published on June 16, 2015 (80 FR 34292). As required by section 2715, the Departments consulted the NAIC to provide further input before finalizing revisions to the SBC template and associated documents. The Departments now are finalizing the templates and glossary and requesting a three-year approval from the Office of Management and Budget for the revised information collection, so that plans and issuers may begin using the revised forms for making the disclosures under PHS Act section 2715 and the implementing regulations. This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1210–0147. Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1210–0147. The OMB is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and E:\FR\FM\26FEN1.SGM 26FEN1

Agencies

[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Pages 9885-9887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04116]


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DEPARTMENT OF LABOR

Employment and Training Administration


Labor Certification Process for the Temporary Employment of H-2A 
and H-2B Aliens in the United States: 2016 Allowable Charges for 
Agricultural Workers' Meals and for Travel Subsistence Reimbursement, 
Including Lodging

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Employment and Training Administration (ETA) of the 
Department of Labor (Department or DOL) is issuing this Notice to 
announce

[[Page 9886]]

(1) the allowable charges for 2016 that employers seeking H-2A workers 
in occupations other than range herding may charge their workers when 
the employer provides three meals a day, and (2) the maximum travel 
subsistence meal reimbursement that a worker with receipts may claim in 
2016 under the H-2A and H-2B programs. The Notice also includes a 
reminder regarding employers' obligations with respect to overnight 
lodging costs as part of required subsistence.

DATES: This notice is effective on February 26, 2016.

FOR FURTHER INFORMATION CONTACT: William W. Thompson, II, Acting 
Administrator, Office of Foreign Labor Certification (OFLC), U.S. 
Department of Labor, Ste. 12-200, 200 Constitution Avenue NW., 
Washington, DC 20210. Telephone: 202-513-7350 (this is not a toll-free 
number).

SUPPLEMENTARY INFORMATION: The United States (U.S.) Citizenship and 
Immigration Services (USCIS) of the Department of Homeland Security 
will not approve an employer's petition for the admission of H-2A or H-
2B nonimmigrant temporary workers in the U.S. unless the petitioner has 
received from the DOL an H-2A or H-2B labor certification. Both the H-
2A and H-2B labor certifications provide that: (1) There are not 
sufficient U.S. workers who are qualified and who will be available to 
perform the labor or services involved in the petition; and (2) the 
employment of the foreign worker(s) in such labor or services will not 
adversely affect the wages and working conditions of workers in the 
U.S. similarly employed. See 20 CFR 655.1(a) (H-2B); 20 CFR 655.100 (H-
2A).

Allowable Meal Charge

    Among the minimum benefits and working conditions that the 
Department requires employers to offer their U.S. and H-2A workers who 
are not engaged in range occupations are three meals a day or free and 
convenient cooking and kitchen facilities so workers may prepare their 
own meals.\1\ 20 CFR 655.122(g). Where the employer provides the meals, 
the job offer must state the charge, if any, to the worker for such 
meals. Id.
---------------------------------------------------------------------------

    \1\ H-2A employers must provide workers engaged in herding or 
the production of livestock on the range meals or food to prepare 
meals without charge or deposit charge. 20 CFR 655.210(e).
---------------------------------------------------------------------------

    The Department establishes the methodology for determining the 
maximum amounts that H-2A agricultural employers may charge their U.S. 
and foreign workers for providing them with three meals per day during 
employment. 20 CFR 655.173(a). This methodology allows for annual 
adjustments of the previous year's maximum allowable charge based upon 
updated Consumer Price Index (CPI) data. Id. The maximum charge allowed 
by 20 CFR 655.122(g) is adjusted by the same percentage as the 12-month 
percent change in the CPI for all Urban Consumers for Food (CPI-U for 
Food).\2\ Id. The OFLC Certifying Officer may also permit an employer 
to charge workers a higher amount for providing them with three meals a 
day, if the higher amount is justified and sufficiently documented by 
the employer, as set forth in 20 CFR 655.173(b).
---------------------------------------------------------------------------

    \2\ Consumer Price Index--December 2015, published January 20, 
2016 at http://data.bls.gov/pdq/SurveyOutputServlet.
---------------------------------------------------------------------------

    The percentage change in the CPI-U for Food between December 2014 
and December 2015 was 1.9 percent. Accordingly, the maximum allowable 
charge under 20 CFR 655.122(g) shall be no more than $12.09 per day, 
unless the OFLC Certifying Officer approves a higher charge as 
authorized under 20 CFR 655.173(b).

Reimbursement for Daily Travel Subsistence

    The H-2A regulations (20 CFR 655.122(h)(1)) and the H-2B 
regulations (20 CFR 655.20(j)(1)(i)) establish that the minimum daily 
travel subsistence expense for meals, for which a worker is entitled to 
reimbursement, must be at least as much as the employer would charge 
for providing the worker with three meals a day during employment (if 
applicable). The minimum daily travel subsistence expense for meals may 
in no event be less than the amount permitted under Sec.  655.173(a), 
i.e., the charge annually adjusted by the 12-month percentage change in 
CPI-U for Food.
    The Department bases the maximum meals component of the daily 
travel subsistence expense on the standard minimum Continental United 
States (CONUS) per diem rate as established by the General Services 
Administration (GSA) at 41 CFR part 301, formerly published in Appendix 
A, and now found at www.gsa.gov/perdiem. The CONUS minimum meals 
component increases to $51.00 per day for 2016.\3\ Workers who qualify 
for travel reimbursement are entitled to reimbursement for meals up to 
the CONUS meal rate when they provide receipts. In determining the 
appropriate amount of reimbursement for meals for less than a full day, 
the employer may provide for meal expense reimbursement, with receipts, 
up to 75 percent of the maximum reimbursement for meals, or $38.25, 
based on the GSA per diem schedule. If a worker has no receipts, the 
employer is not obligated to reimburse above the minimum stated at 20 
CFR 655.173 as specified above.
---------------------------------------------------------------------------

    \3\ Maximum Per Diem Rates for the Continental United States 
(CONUS), 80 FR 52753 (September 1, 2015); see also www.gsa.gov/perdiem.
---------------------------------------------------------------------------

    The term ``subsistence'' includes both meals and lodging during 
travel to and from the worksite. Therefore, an H-2A employer is 
responsible for providing (either paying in advance or reimbursing a 
worker) the reasonable costs of transportation and daily subsistence 
between the employer's worksite and the place from which the worker 
comes to work for the employer, if the worker completes 50 percent of 
the work contract period, and upon the worker completing the contract 
or being dismissed without cause, return costs. Similarly, an H-2B 
employer is responsible for providing (either paying in advance or 
reimbursing a worker) the reasonable costs of transportation and daily 
subsistence between the employer's worksite and the place from which 
the worker comes to work for the employer, if the worker completes 50 
percent of the job order period of employment, and upon the worker 
completing the job order period of employment or being dismissed early, 
return costs. In those instances where a worker must travel to obtain a 
visa so that the worker may enter the U.S. to come to work for the 
employer, the employer must pay for the transportation and daily 
subsistence costs of that part of the travel as well.
    Employers are required to assume responsibility for the reasonable 
costs associated with the worker's travel, including transportation, 
food, and, in those instances where it is necessary, lodging. The 
minimum and maximum daily travel meal reimbursement amounts are 
established above. If transportation and lodging are not provided by 
the employer, the amount an employer must pay for transportation and, 
where required, lodging, must be no less than (and is not required to 
be more than) the most economical and reasonable costs. The employer is 
responsible for those costs necessary for the worker to travel to the 
worksite if the worker completes 50 percent of the work contract 
period, but is not responsible for unauthorized detours, and if the 
worker completes the contract or is dismissed as described above, 
return transportation and subsistence costs, including lodging costs 
where necessary. This policy applies equally to instances where the 
worker is traveling within the U.S. to the employer's worksite.

[[Page 9887]]

    For further information on when the employer is responsible for 
lodging costs, please see the Department's H-2A Frequently Asked 
Questions on Travel and Daily Subsistence, which may found on the OFLC 
Web site: http://www.foreignlaborcert.doleta.gov/.

    Signed in Washington, DC.
Portia Wu,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2016-04116 Filed 2-25-16; 8:45 am]
 BILLING CODE 4510-FP-P