Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2019 Adverse Effect Wage Rates for Non-Range Occupations, 66306-66307 [2018-28030]

Download as PDF 66306 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices collected is solicited from federal, state, local and tribal public safety agencies, who wish to nominate their personnel to receive the Public Safety Officer Medal of Valor (MOV). This information is provided on a voluntary basis, includes agency and nominee information along with details about the events for which the nominees are to be consider when determining who will be recommended to receive the MOV. 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: Over the last four application submission periods, (2011–2012 thru 2014–2015), there were a total of 514 applications received. Taking this number into account, the average number of applications that are anticipated to be received on an annual basis is 128.5. This number does not factor in the ongoing outreach efforts (e.g. marketing and social medial outreach) that are intended to increase the number of annual submissions. In addition, it is projected that the application submission process takes approximately 25 minutes. This would include, reviewing the fields of required and optional information, arranging the information and populating the online application form. 6. An estimate of the total public burden (in hours) associated with the collection: Base upon the average number of submissions over the last 4 years, and the estimated time required to complete each submission, the estimated annual public burden would be 53.54 hours. a. 128.5 × 25 minutes = 3,212.5 minutes/60 = 53.54 hours. If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530. Dated: December 19, 2018. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. amozie on DSK3GDR082PROD with NOTICES1 [FR Doc. 2018–27916 Filed 12–21–18; 8:45 am] BILLING CODE 4410–18–P VerDate Sep<11>2014 20:07 Dec 21, 2018 Jkt 247001 DEPARTMENT OF LABOR Employment and Training Administration Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2019 Adverse Effect Wage Rates for NonRange Occupations Employment and Training Administration (ETA), Labor. ACTION: Notice. AGENCY: The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2019 Adverse Effect Wage Rates (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers) to perform agricultural labor or services other than the herding or production of livestock on the range. AEWRs are the minimum wage rates the Department has determined must be offered and paid by employers to H–2A workers and workers in corresponding employment for a particular occupation and area so that the wages and working conditions of similarly employed workers in the United States (U.S.) will not be adversely affected. In this notice, the Department announces the annual update of the AEWRs. DATES: These rates are applicable January 9, 2019. FOR FURTHER INFORMATION CONTACT: Thomas M. Dowd, Deputy Assistant Secretary, Employment and Training Administration, Department of Labor, Box #12–200, 200 Constitution Ave. NW, Washington, DC 20210, Telephone: (202) 693–2772 (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 1–877–889–5627 (TTY/ TDD). SUPPLEMENTARY INFORMATION: As a condition precedent to receiving an H– 2A visa, employers must first obtain a labor certification from the Department of Labor. The labor certification provides that: (1) There are not sufficient U.S. workers who are able, willing, and qualified and who will be available at the time and place needed 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. 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1), and 1188(a); 8 CFR 214.2(h)(5); 20 CFR 655.100. SUMMARY: PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 Adverse Effect Wage Rates for 2019 The Department’s H–2A regulations at 20 CFR 655.122(l) provide that employers must pay their H–2A workers and workers in corresponding employment at least the highest of: (i) The AEWR; (ii) the prevailing hourly wage rate; (iii) the prevailing piece rate; (iv) the agreed-upon collective bargaining wage rate; or (v) the Federal or State minimum wage rate in effect at the time the work is performed. The AEWR for all agricultural employment (except for the herding or production of livestock on the range, which is covered by 20 CFR 655.200– 655.235) for which temporary H–2A certification is being sought is equal to the annual weighted average hourly wage rate for field and livestock workers (combined) in the State or region as published annually by the United States Department of Agriculture (USDA). 20 CFR 655.120(c) requires that the Administrator of the Office of Foreign Labor Certification publish the USDA field and livestock worker (combined) wage data as AEWRs in a Federal Register Notice. Accordingly, the 2019 AEWRs to be paid for agricultural work performed by H–2A and U.S. workers on or after the effective date of this notice are set forth in the table below: TABLE—2019 ADVERSE EFFECT WAGE RATES State Alabama ................................ Arizona .................................. Arkansas ............................... California ............................... Colorado ............................... Connecticut ........................... Delaware ............................... Florida ................................... Georgia ................................. Hawaii ................................... Idaho ..................................... Illinois .................................... Indiana .................................. Iowa ...................................... Kansas .................................. Kentucky ............................... Louisiana .............................. Maine .................................... Maryland ............................... Massachusetts ...................... Michigan ............................... Minnesota ............................. Mississippi ............................ Missouri ................................ Montana ................................ Nebraska .............................. Nevada ................................. New Hampshire .................... New Jersey ........................... New Mexico .......................... New York .............................. North Carolina ...................... North Dakota ........................ E:\FR\FM\26DEN1.SGM 26DEN1 2019 AEWRs $11.13 12.00 11.33 13.92 13.13 13.25 13.15 11.24 11.13 14.73 13.48 13.26 13.26 13.34 14.38 11.63 11.33 13.25 13.15 13.25 13.54 13.54 11.33 13.34 13.48 14.38 13.13 13.25 13.15 12.00 13.25 12.25 14.38 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices TABLE—2019 ADVERSE EFFECT WAGE workers and workers in corresponding employment so that the wages and RATES—Continued working conditions of similarly employed workers in the United States (U.S.) will not be adversely affected. In Ohio ...................................... 13.26 this notice, the Department announces Oklahoma ............................. 12.23 the annual update of the AEWR for Oregon .................................. 15.03 workers engaged in the herding or Pennsylvania ........................ 13.15 Rhode Island ........................ 13.25 production of livestock on the range, as South Carolina ...................... 11.13 required by the methodology South Dakota ........................ 14.38 established in the Temporary Tennessee ............................ 11.63 Agricultural Employment of H–2A Texas .................................... 12.23 Foreign Workers in the Herding or Utah ...................................... 13.13 Production of Livestock on the Range in Vermont ................................ 13.25 the United States, 80 FR 62958, 63067– Virginia .................................. 12.25 Washington ........................... 15.03 63068 (Oct. 16, 2015); 20 CFR 655.211. West Virginia ........................ 11.63 DATES: The rate is applicable January 1, Wisconsin ............................. 13.54 2019. Wyoming ............................... 13.48 FOR FURTHER INFORMATION CONTACT: Thomas M. Dowd, Deputy Assistant Pursuant to the H–2A regulations at Secretary, Employment and Training 20 CFR 655.173, the Department will Administration, Department of Labor, publish a separate Federal Register Box #12–200, 200 Constitution Ave. Notice in early 2019 to announce: (1) NW, Washington, DC 20210, Telephone: The allowable charges for 2019 that (202) 693–2772 (this is not a toll-free employers seeking H–2A workers may number). Individuals with hearing or charge their workers for providing them speech impairments may access the three meals a day; and (2) the maximum telephone number above via TTY by travel subsistence reimbursement that a calling the toll-free Federal Information worker with receipts may claim in 2019. Relay Service at 1–877–889–5627 (TTY/ Also in a separate Federal Register TDD). Notice, the Department will publish the SUPPLEMENTARY INFORMATION: The U.S. monthly AEWR for workers engaged to Citizenship and Immigration Services of perform herding or production of the Department of Homeland Security livestock on the range for 2019. will not approve an employer’s petition for the admission of H–2A Molly E. Conway, nonimmigrant temporary and seasonal Acting Assistant Secretary for the agricultural workers in the United States Employment and Training Administration. unless the petitioner has received an H– [FR Doc. 2018–28030 Filed 12–20–18; 11:15 am] 2A labor certification from the BILLING CODE 4510–FP–P Department. The labor certification provides that: (1) there are not sufficient U.S. workers who are able, willing, and DEPARTMENT OF LABOR qualified and who will be available at Employment and Training the time and place needed to perform Administration the labor or services involved in the petition; and (2) the employment of the Labor Certification Process for the foreign worker(s) in such labor or Temporary Employment of Aliens in services will not adversely affect the Agriculture in the United States: wages and working conditions of Adverse Effect Wage Rate for Range workers in the U.S. similarly employed. Occupations in 2019 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1), and 1188(a); 8 CFR 214.2(h)(5); 20 CFR AGENCY: Employment and Training 655.100. Administration (ETA), Labor. Adverse Effect Wage Rate for 2019 ACTION: Notice. The Department’s H–2A regulations covering the herding or production of SUMMARY: The Employment and livestock on the range (H–2A Herder Training Administration (ETA) of the Rule) at 20 CFR 655.210(g) and Department of Labor (Department) is issuing this notice to announce the 2019 655.211(a)(1) provide that employers must offer, advertise in recruitment, and Adverse Effect Wage Rate (AEWR) for pay each worker employed under 20 the employment of temporary or CFR 655.200–655.235 a wage that is at seasonal nonimmigrant foreign workers least the highest of: (1) The monthly (H–2A workers) to perform herding or AEWR, (2) the agreed-upon collective production of livestock on the range. AEWRs are the minimum wage rates bargaining wage, or (3) the applicable the Department has determined must be minimum wage imposed by Federal or offered and paid by employers to H–2A State law or judicial action. Further, amozie on DSK3GDR082PROD with NOTICES1 State VerDate Sep<11>2014 20:07 Dec 21, 2018 2019 AEWRs Jkt 247001 PO 00000 Frm 00071 Fmt 4703 Sfmt 9990 66307 when the monthly AEWR is adjusted during a work contract and is higher than both the agreed-upon collective bargaining wage and the applicable minimum wage imposed by Federal or State law or judicial action in effect at the time the work is performed, the employer must pay that adjusted monthly AEWR upon publication by the Department in the Federal Register. 20 CFR 655.211(a)(2). As provided in 20 CFR 655.211(c)(2) of the H–2A Herder Rule, the monthly AEWR for range occupations in all states for a calendar year is based on the monthly AEWR for the previous calendar year, adjusted by the Employment Cost Index (ECI) for wages and salaries published by the Bureau of Labor Statistics for the preceding annual period. In setting the AEWR for 2019, ETA applied the required ECI adjustment of 3.1 percent to the monthly AEWR for range occupations in effect for 2018, resulting in a monthly wage of $1,633.33. The 12-month change in the ECI for wages and salaries of private industry workers between September 2017 and September 2018 was 3.1 percent.1 Thus, the national monthly AEWR rate for all range occupations in the H–2A program in 2019 is calculated by multiplying the monthly AEWR for calendar year 2018 by the October 2018 ECI adjustment ($1,584.22 × 1.031 = 1,633.33) or $1,633.33. Accordingly, any employer certified or seeking certification for range workers must pay each worker a wage that is at least the highest of the monthly AEWR of $1,633.33, the agreed-upon collective bargaining wage, or the applicable minimum wage imposed by Federal or State legislation or judicial action at the time work is performed on or after the effective date of this notice. Molly E. Conway, Acting Assistant Secretary for the Employment and Training Administration. [FR Doc. 2018–28031 Filed 12–20–18; 11:15 am] BILLING CODE 4510–FP–P 1 The regulation at 20 CFR 655.211(c)(2) states that the monthly AEWR is calculated based on the ECI for wages and salaries ‘‘for the preceding October—October period.’’ This regulatory language was intended to identify the Bureau of Labor Statistics’ October publication of ECI for wages and salaries, which presents data for the September— September period. Accordingly, the most recent 12month change in the ECI for private sector workers published on October 31, 2018, by the Bureau of Labor Statistics was used for establishing the monthly AEWR under the regulations. See https:// www.bls.gov/news.release/eci.htm. The ECI for private sector workers was used rather than the ECI for all civilian workers given the characteristics of the H–2A herder workforce. E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Notices]
[Pages 66306-66307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28030]


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DEPARTMENT OF LABOR

Employment and Training Administration


Labor Certification Process for the Temporary Employment of 
Aliens in Agriculture in the United States: 2019 Adverse Effect Wage 
Rates for Non-Range Occupations

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice.

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

SUMMARY: The Employment and Training Administration (ETA) of the 
Department of Labor (Department) is issuing this notice to announce the 
2019 Adverse Effect Wage Rates (AEWR) for the employment of temporary 
or seasonal nonimmigrant foreign workers (H-2A workers) to perform 
agricultural labor or services other than the herding or production of 
livestock on the range.
    AEWRs are the minimum wage rates the Department has determined must 
be offered and paid by employers to H-2A workers and workers in 
corresponding employment for a particular occupation and area so that 
the wages and working conditions of similarly employed workers in the 
United States (U.S.) will not be adversely affected. In this notice, 
the Department announces the annual update of the AEWRs.

DATES: These rates are applicable January 9, 2019.

FOR FURTHER INFORMATION CONTACT: Thomas M. Dowd, Deputy Assistant 
Secretary, Employment and Training Administration, Department of Labor, 
Box #12-200, 200 Constitution Ave. NW, Washington, DC 20210, Telephone: 
(202) 693-2772 (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-
877-889-5627 (TTY/TDD).

SUPPLEMENTARY INFORMATION: As a condition precedent to receiving an H-
2A visa, employers must first obtain a labor certification from the 
Department of Labor. The labor certification provides that: (1) There 
are not sufficient U.S. workers who are able, willing, and qualified 
and who will be available at the time and place needed 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. 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1), and 
1188(a); 8 CFR 214.2(h)(5); 20 CFR 655.100.

Adverse Effect Wage Rates for 2019

    The Department's H-2A regulations at 20 CFR 655.122(l) provide that 
employers must pay their H-2A workers and workers in corresponding 
employment at least the highest of: (i) The AEWR; (ii) the prevailing 
hourly wage rate; (iii) the prevailing piece rate; (iv) the agreed-upon 
collective bargaining wage rate; or (v) the Federal or State minimum 
wage rate in effect at the time the work is performed.
    The AEWR for all agricultural employment (except for the herding or 
production of livestock on the range, which is covered by 20 CFR 
655.200-655.235) for which temporary H-2A certification is being sought 
is equal to the annual weighted average hourly wage rate for field and 
livestock workers (combined) in the State or region as published 
annually by the United States Department of Agriculture (USDA). 20 CFR 
655.120(c) requires that the Administrator of the Office of Foreign 
Labor Certification publish the USDA field and livestock worker 
(combined) wage data as AEWRs in a Federal Register Notice. 
Accordingly, the 2019 AEWRs to be paid for agricultural work performed 
by H-2A and U.S. workers on or after the effective date of this notice 
are set forth in the table below:

                  Table--2019 Adverse Effect Wage Rates
------------------------------------------------------------------------
                          State                             2019 AEWRs
------------------------------------------------------------------------
Alabama.................................................          $11.13
Arizona.................................................           12.00
Arkansas................................................           11.33
California..............................................           13.92
Colorado................................................           13.13
Connecticut.............................................           13.25
Delaware................................................           13.15
Florida.................................................           11.24
Georgia.................................................           11.13
Hawaii..................................................           14.73
Idaho...................................................           13.48
Illinois................................................           13.26
Indiana.................................................           13.26
Iowa....................................................           13.34
Kansas..................................................           14.38
Kentucky................................................           11.63
Louisiana...............................................           11.33
Maine...................................................           13.25
Maryland................................................           13.15
Massachusetts...........................................           13.25
Michigan................................................           13.54
Minnesota...............................................           13.54
Mississippi.............................................           11.33
Missouri................................................           13.34
Montana.................................................           13.48
Nebraska................................................           14.38
Nevada..................................................           13.13
New Hampshire...........................................           13.25
New Jersey..............................................           13.15
New Mexico..............................................           12.00
New York................................................           13.25
North Carolina..........................................           12.25
North Dakota............................................           14.38

[[Page 66307]]

 
Ohio....................................................           13.26
Oklahoma................................................           12.23
Oregon..................................................           15.03
Pennsylvania............................................           13.15
Rhode Island............................................           13.25
South Carolina..........................................           11.13
South Dakota............................................           14.38
Tennessee...............................................           11.63
Texas...................................................           12.23
Utah....................................................           13.13
Vermont.................................................           13.25
Virginia................................................           12.25
Washington..............................................           15.03
West Virginia...........................................           11.63
Wisconsin...............................................           13.54
Wyoming.................................................           13.48
------------------------------------------------------------------------

    Pursuant to the H-2A regulations at 20 CFR 655.173, the Department 
will publish a separate Federal Register Notice in early 2019 to 
announce: (1) The allowable charges for 2019 that employers seeking H-
2A workers may charge their workers for providing them three meals a 
day; and (2) the maximum travel subsistence reimbursement that a worker 
with receipts may claim in 2019. Also in a separate Federal Register 
Notice, the Department will publish the monthly AEWR for workers 
engaged to perform herding or production of livestock on the range for 
2019.

Molly E. Conway,
Acting Assistant Secretary for the Employment and Training 
Administration.
[FR Doc. 2018-28030 Filed 12-20-18; 11:15 am]
BILLING CODE 4510-FP-P