H-2A Visa - New Recruitment Requirements

Posted by Alexander Carl | Dec 20, 2019 | 0 Comments

On September 20, 2019, the Department of Labor issued a final rule in the Federal Register modernizing recruitment requirements for the H-2A program. This rule took effect on October 21, 2019.

The final rule rescinded the requirement found in 20 CFR 655.151 for employers to place print advertisements serving the intended area of employment, and the content requirement found in 20 CFR 655.152 for that advertising. The rationale for this change is supported by a lack of data indicating that newspaper advertisements are an effective means of recruiting U.S workers.

Instead, the Department of Labor (DOL) will advertise the job opportunities on its own electronic job registry, https://seasonaljobs.dol.gov/, which the DOL plans to improve and enhance.

The process for the advertising job opportunities will begin once an employer's H-2A application has been accepted for processing by a Certifying Officer (CO). The DOL will then post a short summary of the job opportunity on the SeasonalJobs.dol.gov website with a full copy of the employer's job order. Each job opportunity will be posted along with information gathered from the employer's H-2A application and job order.

Please note that a Certifying Officer (CO) may continue to instruct employers to conduct additional positive recruitment on a case by case basis pursuant to 20 CFR 655.154. In light of the CO's discretion to issue additional positive recruitment, it is important to pay close attention to the instructions in the Notice of Acceptance.

AILA Doc. No. 19121833.

About the Author

Alexander Carl

Partner - Bolour / Carl Immigration Group, APC. 323-218-0465 Email: Email Me Areas of Practice Business Immigration Family Immigration athletes, entertainers and artists Naturalization Education Loyola Law School, Los Angeles, California Juris...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Let Us Earn Your Trust

Bolour / Carl Immigration Group is a full service immigration law firm. We have been representing immigrants, nonimmigrants, families, businesses, employees, and the like, from around the globe for over 25 years. With over 25 years of experience exclusively in the field of Immigration Law, we have garnered the knowledge to handle the most complex cases and adequately represent a wide range of clientele. The size of our firm ensures that all of our clients receive hands on service from their attorneys and a direct line of communication with our attorneys.Learn More

Menu