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H-2A Visa – New Recruitment Requirements

by Ally Bolour | Jul 30, 2020

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The final rule rescinded the requirement found in 20 CFR 655.151 for employers to place print advertisements serving the intended area of employment, and the content requirement found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.

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