Purpose. To revise and standardize procedures for issuing alien labor certification final determination notifications to H-2A employers.

References. 20 CFR Part 655, Subpart B; ETA Handbook No. 398 (H-2A Program Handbook).

Background. The procedures described on Page I-71 of ETA Handbook No. 398 (H-2A Program Handbook) for regional offices to notify an employer that a temporary alien labor certification for H-2A workers has been granted in whole or in part provides for sending a letter to an employer outlining the terms and conditions of the labor certification and a bill for granting the H-2A certification. In the past, some regional offices sent the employer a certification letter, a bill, and the original ETA 750 (Application for Alien Employment Certification), stamped and signed by the appropriate regional office official. This variation in practice among the regions has reportedly caused occasional confusion and delays in the processing of petitions by Regional Service Centers (RSCs) of the Immigration and Naturalization Service (INS). The National Office has consulted with officials of the INS to determine that agency's preference for labor certification documentation to be provided by employers which is sufficient for its RSCs to efficiently process employers' H-2A visa petitions.

Uniform Procedures. To accommodate INS and assist that agency in facilitating the issuance of visas to certified H-2A employers, uniform procedures must be followed by ETA regional offices in issuing temporary labor certification notifications to H-2A employers. In order for INS to assure that the occupation and job duties are appropriate for H-2A and the foreign worker meets the qualifications for the job, ETA 750's submitted by employers should be completed in accordance with the instructions provided on Page 11 of the "H-2A Program Employer Information Booklet", published by DOL in October 1987. An ETA 750 which says "see attached ETA 790" for the information requested in items #8 through #14 (except for item #13) should be returned to the employer as incomplete. As provided for in the "H-2A Program Employer Information Booklet", for item #13 the employer may make reference to the complete description in Form ETA 790, item 11, as long as a short description of the job duties is presented in the ETA 750.

When issuing H-2A certifications (in whole or in part) under normal time frames (30 days before the employer's date of need), all regional offices shall enclose with the certification letter to the employer: (1) the bill for the certification and number of workers certified; and (2) the employer's original ETA 750, stamped and signed by the appropriate regional office official (see attached sample). When employers' agents or joint employer associations submit "master applications" covering similar job opportunities with a number of employers, and a single ETA 750 is submitted for several employers, a copy of this ETA 750, which is stamped and signed by the regional office should be included in the notification package.

When regional offices grant certifications in conjunction with an employer's request for a redetermination of an initial denial based on the non-availability of U.S. workers previously identified as being available, it will not be necessary to send the employer more than a written notification of the redetermination decision, except in instances where the employer's initial certification request was previously denied in full; i.e., no job opportunities were certified. In such instances, the redetermination notification to the employer also must include the ETA 750 stamped and signed by an appropriate regional office official.

Action Required. Regional administrators are requested to provide the above information to appropriate regional staff and instruct certifying officers to implement these procedures immediately.

Inquiries. Direct any inquiries to Charlene Giles at 202/693-2950.