Rescission of H-2A processing change

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2009/TEGL11-07c2acc.pdf

CLASSIFICATION
    EMPLOYMENT AND TRAINING ADMINISTRATION               H-2A Agricultural Program
                 ADVISORY SYSTEM                         CORRESPONDENCE SYMBOL
           U.S. DEPARTMENT OF LABOR                      OFLC
                Washington, D.C. 20210                   DATE
                                                                August 28, 2009



TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 11-07, Change 2

TO:           OFLC NATIONAL PROCESSING CENTER DIRECTORS
              STATE WORKFORCE AGENCY ADMINISTRATORS

FROM:         JANE OATES /s/
              Assistant Secretary

SUBJECT:      Rescission of TEGL No. 11-07, Change 1

1. Purpose. To rescind TEGL No. 11-07, Change 1 as it is no longer necessary with regard to
   the provision of clarifying procedures for State Workforce Agencies (SWAs) and
   Employment and Training Administration (ETA) National Processing Centers (NPCs)
   involved in the processing of H-2A labor certification applications for temporary agricultural
   employment of foreign workers in the United States (U.S.).

2. References. Immigration and Nationality Act (INA) section 101(a)(15)(H)(ii)(a); INA
   section 218; 20 Code of Federal Regulations (CFR) 651.10; 20 CFR Part 653 Subparts B and
   F; 20 CFR Part 654, Subpart E; 20 CFR Part 655, Subpart B; 20 CFR Part 658, Subpart F;
   Field Memorandum No. 16-00; Training and Employment Guidance Letter No. 31-01;
   General Administration Letter No. 1-02; Training and Employment Guidance Letter
   No. 11-07, Change 1.

3. Background. On December 18, 2008, the Department of Labor (Department) published a
   new regulation re-engineering the H-2A temporary agricultural workers program. The
   publication of the regulation made much of the TEGL either redundant to the regulation or
   unnecessary. Therefore the Department is rescinding TEGL 11-07, Change 1 in order to
   prevent any confusion on the part of the NPCs and SWAs on procedures related to the H-2A
   program.

4. Effective Date. This guidance applies to all H-2A labor certification applications pending
   with or received by the NPC and SWA on or after the date this TEGL is issued.

5. Action Requested. NPC Directors and SWA Administrators are directed to provide NPC,
   SWA and other State staff involved in the processing of H-2A applications with a copy of
   these procedures.

6. Inquiries. Questions from SWA staff should be directed to the Office of Foreign Labor
   Certification at (202) 693-3010.

 RESCISSIONS                                              EXPIRATION DATE
 TEGL 11-07, Change 1                                     Continuing