Announcement
The following two final rules affect the Wagner-Peyser Act Employment Service (ES), including ES services that State Workforce Agencies (SWAs) provide to migrant and seasonal farmworkers (MSFW).
- Improving Protections for Workers in Temporary Agricultural Employment in the United States Final Rule (“Farmworker Protection Rule”), 89 FR 33898, April 29, 2024. This final rule revises the ES regulations at 20 CFR parts 651, 653, and 658, which relate to the Agricultural Recruitment System and the situations where SWAs discontinue providing ES services to employers. States and employers must comply with the ES-related changes in this final rule on the effective date, which is June 28, 2024. For more information, see Training and Employment Notice No. 27-23 and the Department’s Farmworker Protection Final Rule webpage.
- Wagner-Peyser Act Staffing Final Rule, 88 FR 82658, November 24, 2023. The final rule requires states to use state merit staff to provide ES services, including ES services to MSFWs. The final rule also makes changes to 20 CFR parts 651, 652, 653, 654, and 658 to strengthen ES services that states provide to MSFWs and to enhance worker protections. For more information, see Training and Employment Notice No. 10-23 and a webcast on WorkforceGPS, which provide a summary of the changes.
Forms
- ETA Form 790B Non-Criteria Agricultural Clearance Order (Microsoft Word)
- NOTE: Employers submitting non-criteria intrastate, or interstate agricultural clearance orders must complete Forms ETA-790 and ETA-790B. Please see the Office of Foreign Labor Certification’s (OFLC) forms page for Form ETA-790 and its instructions. Employers placing criteria clearance orders (connected to H-2A applications) must complete Forms ETA-790 and ETA-790A, which are also available on OFLC’s forms page.
- ETA Form 8429: Complaint/Apparent Violation Form (Microsoft Word) (PDF)
- ETA Form 5148: Services to Migrant and Seasonal Farmworkers Report (Microsoft Word) (PDF)
Please contact your local American Job Center for help creating an Agricultural and Food Processing Clearance order, or to file a complaint.
Complaints
- ETA-Approved Poster for the Employment Service and Employment-Related Law Complaint System (Complaint System Poster (English); Complaint System Poster (Spanish))
See Training Employment Notice 8-23 for information on how the posters must be displayed.
Federal Resources Include
- National Farmworker Jobs Program
- Wage and Hour Division
- Occupational Health and Safety Administration
- EPA Agricultural Worker Protection Standards
- Equal Employment Opportunity Commission
- Trafficking in Persons
Additional resources for the National Monitor Advocate System are available on WorkforceGPS/AgConnection.