Purpose. To provide clarification regarding the special procedures governing the labor certification process for temporary alien sheepherders under the provisions of the H-2A program regulations at 20 CFR 655.93(c) and FM 74-89.

References. 20 CFR Part 655, Subpart B (H-2A Regulations); 20 CFR Part 654, Subpart E (ETA Housing Regulations); 20 CFR Part 653, Subpart B (Services to MSFWs) and Subpart F (Agricultural Clearance Order Activity); 20 CFR Part 658 (Job Service Complaint System; Monitoring and Enforcement Regulations) and FM 74-89

Background. Because of the unique occupational characteris- tics of sheepherding, the special legislative and administrative history in operating the program and the multi-state role the Western Range Association (WRA) (an association of Western sheep ranchers which represents the interest of a majority of Western sheep ranchers) assumed in the certification process, ETA established separate procedures and guidelines for Regional Offices and SESAs to follow in administering the program. These were last articulated in Field Memorandum No.74-89, May 31, 1989.

Recently, the WRA has complained of a significant number of employer member applications being filed directly with the State agencies without timely action. Apparently, an informal agreement was made to allow the WRA to file applications directly with the State agency to obtain housing inspections prior to the official filing of the application with the Regional Office. The National Office has reviewed the official policy on this issue and has determined that while the special procedures set forth in FM 74-89 allow the WRA to file with each region where its members will conduct sheepherding activity, there is no provision for individual employers to file an application only with a State Agency for processing prior to filing with the Regional Office in the area of intended employment.

It is incumbent upon the WRA and other employers to follow the procedures outlined in FM 74-89 by submitting individual applications directly to the Regional Office and simultaneously with the State no later than 45 days before the rancher's date of need. This procedure will allow for the timely processing of the sheepherder applications and set forth the housing inspection requirements needed for a certification determination.

Action Required. Regional Offices should adhere to the established procedures set forth in FM 74-89, encourage SESAs to follow these procedures and communicate to the WRA membership and other sheepherder employers the process of simultaneously submitting their applications to both the Regional and State offices involved in the certification process.

Inquiries. H-2A special procedures questions should be directed to Charlene Giles at (202)693-3010 (x32950).