Employment and Training Administration Advisory System U.S. Department of Labor
Washington, D.C. 20210 |
CLASSIFICATION
H-2A CORRESPONDENCE SYMBOL OWS DATE June 28, 2002 |
TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 31-01
TO: |
ALL STATE WORKFORCE LIAISONS ALL STATE WORKFORCE AGENCIES ALL STATE WORKER ADJUSTMENT LIAISONS ALL ONE-STOP CENTER SYSTEM LEADS |
FROM: | EMILY STOVER DeROCCO Assistant Secretary | |
SUBJECT: | Timeframes for Inspecting All Housing Units for H-2A Labor Certification Purposes |
RESCISSIONS | EXPIRATION DATE |
GAL NO. 1-01 | Continuing |
Public Law 106-554, § 1(a)(1) [Title I, § 105] amended 8 U.S.C. Sec. 1888. A determination as to whether the housing furnished by the employer meets requirements, must be made prior to the date by which the Secretary of Labor is required to make a certification determination (which is not later than 30 days before the date such labor or services are first required to be performed).
4. Guidance. These statutory changes supersede the regulations and must take precedent when conducting housing inspections. As a result of these changes, housing inspections must be made not later than 30 days before the date such labor or services are first required to be performed.
Certifying Officers must receive documentation that the employer's housing meets applicable standards prior to certification being granted 30 days prior to the employer's date of need. State Workforce Agencies (SWAs) should be scheduling and conducting housing inspections in accordance with the statutory changes. SWAs should continue to encourage employers who expect to obtain their certification 30 days before the date of need to have housing ready for inspection at the time of filing their application, or earlier. SWAs should be prepared to conduct housing inspections prior to the employer's filing of their applications, as appropriate, and should plan to schedule housing inspections prior to filing for those employers who regularly use the H-2A program.
5. Action Required. SWA administrators are requested to provide this guidance to appropriate staff and ensure that housing inspections are being conducted timely in order to allow certifying officers to issue certifications 30 days before the date of need.
6. Inquiries. Inquiries should be directed to the appropriate regional certifying officer.