Certification of Foreign Workers for Temporary Agricultural Employment
To enable agricultural employers to obtain temporary alien workers for temporary or seasonal jobs when domestic workers are not available; to protect domestic workers against unfair competition from foreign workers; and to assure adequate working and living conditions for domestic and foreign workers employed in similar tasks.
General information about this opportunity
Last Known Status
Deleted 05/04/2006 (Program elements of 17.202, 17.203, and 17.252 regrouped into 17.272 and 17.273 to more clearly and accurately reflect the program purpose)
EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
Type(s) of Assistance Offered
Provision of Specialized Services.
In fiscal year 2001, 44,017 workers were certified.
Immigration and Nationality Act of 1952, as amended, Public Law 82-414, 66 Stat. 163, 8 U.S.C. 1101, et seq.; Immigration Reform and Control Act of 1986, Public Law 99-603, 100 Stat. 3359, 8 U.S.C. 1186.
Who is eligible to apply/benefit from this assistance?
Organizations and individuals interested in importing temporary foreign agricultural and logging workers.
Organizations and individuals.
The employer must submit a prescribed job order and documentation of his or her efforts to recruit domestic workers.
What is the process for applying and being award this assistance?
None. This program is excluded from coverage under E.O. 12372.
Applications for alien agricultural workers are filed simultaneously with the DOL's ETA Regional Administrator and State Employment Service Agency in whose region and state and are not employers required to simultaneously file a copy the area of employment is located. Requesting employer must cooperate with efforts to locate qualified domestic workers in order to be certified to use foreign workers.
The requesting employer is notified by the Department of Labor in writing 20 days prior to the date of need.
Applications for alien agriculture worker certification must be filed 60 days before the date of need.
Approval/Disapproval Decision Time
The procedure for appeals is explained in 20 CFR Part 655, Subparts B and C for temporary certification.
Treated as new applications.
How are proposals selected?
How may assistance be used?
Employers who need workers for temporary agricultural jobs may be certified to use foreign workers after the Secretary of Labor has determined that there are not sufficient domestic workers capable of performing the job duties and that the employment of aliens will not adversely affect the wages and working conditions of similarly employed domestic workers. Certifications will be made only after efforts to recruit domestic workers through the Federal-State employment service system are unsuccessful. Certifications are sent to the employer in support of the petition to be filed with the Immigration and Naturalization Service which makes the final decision whether to grant or deny the admission of foreign workers.
What are the requirements after being awarded this opportunity?
Selected audits are conducted by the Department of Labor.
Payroll records must be retained for not less than 3 years after completion of the contract work.
Other Assistance Considerations
Formula and Matching Requirements
Length and Time Phasing of Assistance
Who do I contact about this opportunity?
Regional or Local Office
Contact the nearest local office of the State employment service or the appropriate Employment and Training Administration regional office listed in Appendix IV of the Catalog.
United States Employment Service, Employment and Training Administration, Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 693-3502. Contact: John Beverly.
(Salaries and Expenses) FY 02 $31,236,000; FY 03 $26,100,000; and FY 04 est $26,100,000. (Note: Obligations include total alien certification funding level for program 17.203, Labor Certification for Permanent and Alien Workers and 17.252).
Range and Average of Financial Assistance
Regulations, Guidelines and Literature
Further information concerning the program may be found in 20 CFR 655 (temporary foreign workers).
Examples of Funded Projects