EMPLOYMENT AND TRAINING ADMINISTRATION
ADVISORY SYSTEM
U.S. DEPARTMENT OF LABOR
Washington, D. C. 20210
CLASSIFICATION

H-2A Program

CORRESPONDENCE SYMBOL

OWS

ISSUE DATE

June 17, 2002

RESCISSIONS

 

EXPIRATION DATE

June 30, 2004

ADVISORY : FIELD MEMORANDUM NO. 9-02
 
TO : ALL REGIONAL ADMINISTRATORS
 
FROM : Wendy L. McConnell for
LENITA JACOBS-SIMMONS
Deputy Assistant Secretary
 
SUBJECT : H-2A Compliance Review Checklist

  1. Purpose. To reissue previous guidance contained in OWS Information Bulletin No. 10-01 that had been used to provide H-2A users with a compliance review form to assist in determining whether they are meeting the requirements of the H-2A program.

  2. References. OWS Information Bulletin No. 10-01.

  3. Background. Investigations conducted during FY 2000 by the Wage and Hour Division (WHD) of the Employment Standards Administration (ESA) resulted in a finding that 48% of H-2A users were in violation of the H-2A provisions. Therefore, the Division of Foreign Labor Certification is taking a pro-active approach in communicating with H-2A program users by providing enforcement criteria used by the WHD.

    The H-2A compliance review form was developed by the WHD to assist H-2A users in determining whether the requirements of the H-2A program are being met.

  4. Action Required. The attached form should be included as an attachment to each final H-2A certification letter the Regional Office (RO) sends to the employer. This will ensure an exchange of information between the end users of the H-2A program and the RO and will improve the H-2A program user's ability to comply with their contractual obligations.

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

  6. Attachment. H-2A Compliance Review Checklist.