Policy Clarification for Processing H-2B Temporary Labor Certification for Occupations in the Landscaping Industry, 2004-2005

Interoffice Memorandum National Office No. 04-04

1. Purpose. To provide clarification to State Workforce Agencies (SWA) with regard to the processing of H-2B temporary applications for limited jobs in the landscaping industry which includes only those activities addressed in this guidance for the 2004-2005 season.



2. References. General Administration Letter No. 1-95: Procedures for H-2B Temporary Labor Certification in Nonagricultural Occupations; Field Memorandum 25-98: H-2B Temporary Nonagricultural Labor Certification Program Requirements; General Administration Letter 2-98: Prevailing Wage Policy for Nonagricultural Immigration Programs; Employment Service Program Letter No. 01-01, Change 2: Policy Clarification for Processing H-2B Temporary Certifications for Occupations in the Landscaping Industry 2003-2004.



3. Background Several years ago it was brought to our attention that there were system-wide inconsistencies in the processing of H-2B applications for limited jobs in the landscaping industry particularly with respect to two issues: a) the interpretation of the Standard Occupational Classification (SOC) description for landscaping, and b) the assignment of a wage rate to the landscaping job. Many applications for landscaping jobs list various activities and combinations of activities that make it difficult to achieve a match with a specific SOC code. This problem has led to inconsistent classification of landscaping jobs and consequently, inconsistent assignment of wage rates, specifically Service Contract Act (SCA) wage rates.



4. Procedural Guidance.
   
   
   1. Any application received for landscaping jobs which includes the following activities and only the following activities: "mow, cut, water, edge lawns; rake and blow leaves; dig holes and trenches; pull, chop weeds, prune, and haul topsoil and mulch" should be coded as a Laborer, Landscape - SOC Code 37-3011 (Landscaping and Grounds Keeping Worker).
   
   
   
   2. Any landscaping job with the above description should be given the Occupational Employment Statistics (OES) wage rate for OES/SOC Code 37-3011.
   
   
   
   3. This guidance will not apply to H-2B applications where the State agency has already provided a wage rate to the employer and recruitment has begun. Employers are free to withdraw and re-file to obtain a new wage determination.
   
   
   
   4. This guidance does not affect the processing of any applications involving jobs containing duties other than those described above. If there are any questions or concerns regarding how to process a particular application, contact your Regional Certifying Officer.
   
   
   This guidance is intended for use only in processing applications for the 2004- 2005 landscaping season.



5. Effective Date. Immediately.



6. Action Required. Center Directors and Certifying Officers are requested to provide this clarification and guidance to appropriate staff.



7. Inquiries. Questions should be directed to Charlene Giles at (202) 693-2950.