DHS Proposes Changes to Improve H-2A Temporary Agricultural Worker Program

[Guest guest]

FYI (Also posted on Bender’s Immigration Bulletin, www.bibdaily.com)…

Please refer to pages 3-4 of the PDF document (link is provided below),

“Notice of Proposed Rulemaking…,” for detailed instructions

on how to comment on these proposed changes.

Notice

of Proposed Rulemaking: Changes to Requirements Affecting H-2A Nonimmigrants

(PDF, 69 pages - 2.7 MB)

Fact Sheet: H-2A

Temporary Agricultural Worker Program

http://www.dhs.gov/xnews/releases/pr_1202308094416.shtm

DHS

Proposes Changes to Improve H-2A Temporary Agricultural Worker Program

Release Date:

February 6, 2008

For

Immediate Release

Office of the Press Secretary

Contact: 202-282-8010

The U.S.

Department of Homeland Security announced today a series of proposed rule

modifications to provide employers with a streamlined hiring process for

temporary and seasonal agricultural workers under the H-2A program.

“These

proposed changes are designed to provide an efficient and secure program for

farmers to legally fulfill their need for agricultural workers within the law

rather than outside the law,” said Homeland Security Secretary

Chertoff. “This common-sense simplification of H-2A will provide

farm employers with a more orderly and timely flow of legal workers, while

continuing to protect the rights of laborers and promoting legal and secure

methods for determining who is coming into the country.”

The

proposed modifications to the rule reduce current limitations and certain

delays faced by U.S.employers and relax the current limitations on their

ability to petition for multiple, unnamed agricultural workers. It extends from

10 to 30 days the time a temporary agricultural worker may remain in the U.S. after the

end of employment. The rule also reduces from six to three months the time a temporary

agricultural worker must wait outside the U.S. before he or she is eligible

reenter the country under H-2A status. Additionally, under the proposed rule

H-2A workers who are changing from one H-2A employer to another may begin work

with the new petitioning employer before the change is approved by USCIS,

provided the new employer participates in USCIS’ E-Verify

program.

To better

ensure the integrity of the H-2A program, and encourage the lawful employment

of foreign temporary and seasonal agricultural workers, the proposed rule

would:

Require an employer attestation regarding the

scope of the H-2A employment and the use of recruiters to locate H-2A

workers;

Crack down on employers and recruiters who impose

fees on prospective H-2A workers;

Eliminate the ability of employers to file an

H-2A petition without an approved temporary labor certification; and

Prohibit the approval of H-2A petitions for

nationals of countries determined to be consistently refusing or

unreasonably delaying repatriation of their nationals.

The rule

also proposes the establishment of a land-border exit system pilot program.

Under the program, H-2A visa holders admitted through a port of entry

participating in the program would also depart through a port of entry

participating in the program and present upon departure designated biographical

information, possibly including biometric identifiers.

The

proposed rule is available at www.dhs.gov for

public comment and will soon appear at www.regulations.gov

under docket number “USCIS-2007-0055,”

until 45 days after publication in the Federal

Register*. More information regarding the proposed rule,

plus instructions on submitting comments, is available through an accompanying

Fact Sheet available at the USCIS website: www.uscis.gov.

###

*

Replaced 60 with 45.

This

page was last reviewed/modified on February 6, 2008.

Seth Doyle, MA

Migrant Health Coordinator

Northwest Regional Primary Care Association

sdoyle@..., (206)

783-3004 ext 16

[Guest guest]

Here are the proposed changes from the other federal government agency, U.S. Department of Labor. The document is 186 pages long and will be officially announced next week. Ignacio Marquez Agricultural Services Program Manager Washington State Employment Security Department P.O. Box 9046 Olympia, Washington 98507 (360) 438-3141Seth Doyle <sdoyle@...> wrote: FYI (Also posted on Bender’s Immigration Bulletin, www.bibdaily.com)… Please refer to pages 3-4 of the PDF document (link is provided below), “Notice of Proposed Rulemaking…,” for detailed instructions on how to comment on these proposed changes. Notice of Proposed Rulemaking: Changes to Requirements Affecting H-2A Nonimmigrants (PDF, 69 pages - 2.7 MB) Fact Sheet: H-2A Temporary Agricultural Worker Program http://www.dhs.gov/xnews/releases/pr_1202308094416.shtm DHS Proposes Changes to Improve H-2A Temporary Agricultural Worker Program Release Date: February 6, 2008 For Immediate ReleaseOffice of the Press SecretaryContact: 202-282-8010 The U.S. Department of Homeland Security announced today a series of proposed rule modifications to provide employers with a streamlined hiring process for temporary and seasonal agricultural workers under the H-2A program. “These proposed changes are designed to provide

an efficient and secure program for farmers to legally fulfill their need for agricultural workers within the law rather than outside the law,” said Homeland Security Secretary Chertoff. “This common-sense simplification of H-2A will provide farm employers with a more orderly and timely flow of legal workers, while continuing to protect the rights of laborers and promoting legal and secure methods for determining who is coming into the country.” The proposed modifications to the rule reduce current limitations and certain delays faced by U.S.employers and relax the current limitations on their ability to petition for multiple, unnamed agricultural workers. It extends from 10 to 30 days the time a temporary agricultural worker may remain in the U.S. after the end of employment. The rule also reduces from six to three months the time a

temporary agricultural worker must wait outside the U.S. before he or she is eligible reenter the country under H-2A status. Additionally, under the proposed rule H-2A workers who are changing from one H-2A employer to another may begin work with the new petitioning employer before the change is approved by USCIS, provided the new employer participates in USCIS’ E-Verify program. To better ensure the integrity of the H-2A program, and encourage the lawful employment of foreign temporary and seasonal agricultural workers, the proposed rule would: Require an employer attestation regarding the scope of the H-2A employment and the use of recruiters to locate H-2A workers; Crack down on employers and recruiters who impose fees on prospective H-2A workers; Eliminate the ability of employers to file an H-2A petition without an approved temporary labor certification; and Prohibit the approval of H-2A petitions for nationals of countries determined to be consistently refusing or unreasonably delaying repatriation of their nationals. The rule also

proposes the establishment of a land-border exit system pilot program. Under the program, H-2A visa holders admitted through a port of entry participating in the program would also depart through a port of entry participating in the program and present upon departure designated biographical information, possibly including biometric identifiers. The proposed rule is available at www.dhs.gov for public comment and will soon appear at www.regulations.gov under docket number “USCIS-2007-0055,” until 45 days after publication in the Federal Register*. More information regarding the proposed rule, plus instructions on submitting comments, is available through an accompanying Fact Sheet

available at the USCIS website: www.uscis.gov. ### * Replaced 60 with 45. This page was last reviewed/modified on February 6, 2008. Seth Doyle,

MA Migrant Health Coordinator Northwest Regional Primary Care Association sdoylenwrpca (DOT) org, (206) 783-3004 ext 16

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