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]
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Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices
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Dated: December 19, 2018.
Melody Braswell,
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Department of Justice.
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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 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:
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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 ........................
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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,
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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.
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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