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H-2A worker abandonment and termination reporting

Summary ETA directed H-2A employers to notify the listed state workforce agency office in writing within two business days of a worker's termination or of discovering abandonment. It told state agencies to explain this responsibility to employers and replaced GAL 1-01. ETA now lists the advisory as Canceled; Change 1 later updated its reporting guidance and is also canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 21-01
Date issued
April 24, 2002
Status
Withdrawn
ETA labels this base advisory Canceled as of October 25, 2026. Change 1 updated its notification guidance without expressly rescinding the base letter; ETA also labels Change 1 Canceled.
Status last verified October 25, 2026

Is this still the rule?

This document has been withdrawn. Ezel checks what federal law requires today, under current federal labor law, and answers your situation with citations.

This document has been withdrawn
ETA labels this base advisory Canceled as of October 25, 2026. Change 1 updated its notification guidance without expressly rescinding the base letter; ETA also labels Change 1 Canceled. It no longer reflects the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

Signed letter

Official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2002/TEGL21-01.pdf

CLASSIFICATION
    Employment and Training Administration                H-2A
              Advisory System
          U.S. Department of Labor                        CORRESPONDENCE SYMBOL
           Washington, D.C. 20210                         OWS
                                                          DATE
                                                          April 24, 2002



TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 21-01

TO:                     ALL STATE WORKFORCE LIAISONS
                        ALL STATE WORKFORCE AGENCIES
                        ALL STATE WORKER ADJUSTMENT LIAISONS
                        ALL ONE-STOP CENTER SYSTEM LEADS

                                    /S/
FROM:                   EMILY STOVER DeROCCO
                        Assistant Secretary

SUBJECT:                Notification Regarding Worker Abandonment, Rejection or Termination from
                        H-2A Temporary Agricultural Employment

1. Purpose. To rescind General Administration Letter (GAL) No. 1-01 because it did not include all of
the pertinent regulatory references and to provide additional regulation citations, policy clarification and
procedural guidance for the notification process between employers and the State Workforce Agencies
(SWAs) regarding worker abandonment, rejection or termination from H-2A temporary agricultural
employment.

2. References. 20 C.F.R. Part 655, Subpart B; 20 C.F.R. ' 655.102(b)(11); and 20 C.F.R.'
655.103 (c).

3. Background. The H-2A regulations at 20 C.F.R. 655.103(c) state: “No U.S. worker will be
rejected for or terminated from employment for other than a lawful related reason, and notification of all
rejections or terminations shall be made to the local office.” Additionally, the regulations at 20 C.F.R.
655.102 (b)(11) state: “If the worker voluntarily abandons employment




 RESCISSIONS                                                    EXPIRATION DATE
 GAL NO. 1-01
                                                                Continuing

                                                    2

before the end of the contract period, or is terminated for cause, and the employer notifies the local
office of such abandonment or termination, the employer will not be responsible for providing or paying
for the subsequent transportation and subsistence expenses of any worker for whom the employer
would have otherwise been required to pay such expenses under paragraph (b)(5)(ii) of this section,
and that worker is not entitled to the Athree-fourths guarantee@ (see paragraph (b)(6) of this section).”
Issues have arisen with regard to the timing and location of such notification.

4. Policy Clarification/Procedural Guidance. In the event an employer terminates a worker(s), the
employer will notify the appropriate SWA offices listed in the attachment to this TEGL in writing within
two (2) business days of the termination or, in the case of abandonment, within two (2) business days of
discovering abandonment. DOL has determined that two (2) business days is appropriate and should
not place an unnecessary burden on the employer, since the Immigration and Naturalization Service
(INS) generally requires that the employer notify the INS within 24 hours of the foreign worker leaving
employment.

5. Action Required. SWAs shall communicate to the employer community their responsibility for the
timely notification to the local office of worker abandonment or termination from H-2A employment.

6. Inquiries. H-2A employer notification procedural questions should be directed to the appropriate
ETA regional office.

7. Attachment. GAL 1-02 Designation of Centralized Location Within Each State
for the Processing of H-2A Applications and H-2A State Workforce Agency Offices.

Attachment: GAL No. 1-02

Official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2002/TEGL21-01_AttachGAL1-02.pdf

CLASSIFICATION
           U. S. Department of Labor                       H-2A
       Employment and Training Administration              CORRESPONDENCE SYMBOL
             Washington, D.C. 20210                        OWS
                                                           DATE
                                                           November 13, 2001



DIRECTIVE:                       GENERAL ADMINISTRATION LETTER NO. 1-02

TO:                              ALL STATE WORKFORCE AGENCIES

                                        /S/
FROM:                            EMILY STOVER DeROCCO
                                 Assistant Secretary

SUBJECT:                         Designation of Centralized Location Within Each State for the
                                 Processing of H-2A Applications.

1. Purpose. To transmit the list of the centralized locations for the processing of H-2A labor
certification requests.

2. References. 20 C.F.R. Part 655, Subpart B; 20 C.F.R. ' 655.101 (a).

3. Background. As a result of funding reductions and streamlining measures which have occurred
throughout the years, most states have transferred the individual Alocal office@ H-2A functions to a
centralized location within the state, to better coordinate the programmatic efforts between the state and
the regional office and to expedite the H-2A certification process.

The H-2A regulations at 20 C.F.R. ' 655.101(a) require the simultaneous submission of an
H-2A application to the Department of Labor (DOL) Regional Office and the local office serving the
area of intended employment. While most of the functions of the H-2A process are actually
administered by one or more state-level office(s), the regulations frequently refer to the local offices of
the State Workforce Agencies (SWAs) when referring to the recruitment process of the application.
Most, if not all, of the correspondence that occurs during the submission of the application and the
recruitment process is actually between the employer and a Alocal office@ (centralized location within
each state).

 RESCISSIONS                                                   EXPIRATION DATE
 GAL No. 2-01
                                                               October 31, 2003




                                                    2

4. Action Required. SWAs are required to assure that employers using the H-2A program in
their areas are aware of the specific location where filing and notification must occur. These centralized
locations within each state may be found on the Office of Workforce Security website at
www.workforcesecurity.doleta.gov . SWAs are required to notify the appropriate regional office of
any changes to their centralized location so this listing may be updated periodically.

5. Inquiries. Address questions and inquiries to Charlene Giles at (202) 693-2950.

6. Attachment. H-2A State Workforce Agency Offices

Attachment: H-2A State Workforce Agency Offices

Official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2002/TEGL21-01_AttachH-2A.pdf

H-2A STATE WORKFORCE AGENCY OFFICES:

                                REGION I - BOSTON


CONNECTICUT
Department of Labor
200 Folly Brook Blvd.                     NEW HAMPSHIRE
Wethersfield, CT 06109                    Employment Security
PHONE: (860) 263-6020                     32 South Main Street, Room 204
                                          Concord, NH 03301
                                          PHONE: (603) 228-4083
MAINE
Department of Labor
45 State House Station                    RHODE ISLAND
Augusta, ME 04333-0045                    Department of Labor and Training
PHONE: (207) 624-6487                     Center General Complex, Building 73
                                          1511 Pontiac Ave.
                                          Cranston, RI 02920
MASSACHUSETTS                             PHONE: (401) 462-8813
Division of Employment and Training
Charles F. Hurley ES Building             VERMONT
Boston, MA 02114                          Department of Employment and Training
PHONE: (617) 626-5358                     700 Exchange St., Suite 106
                                          Middlebury, VT 05753-1529
                                          PHONE: (802) 388-5716

                             REGION I - NEW YORK

NEW JERSEY
Department of Labor
Labor Building, 2nd Floor
John Fitch Plaza
Trenton, NJ 08625
PHONE: (609) 777-1838

NEW YORK
Department of Labor
State Campus Office Bldg #12, Rm 282
Albany, NY 12240
PHONE: (518) 457-6798

PUERTO RICO
Department of Labor and Human Resources
Metro Center Building
Mayaguez St. Corner Cidra
San Juan, PR 00918
PHONE: (787) 754-5151 ext 2292

                          REGION II - PHILADELPHIA

DELAWARE
Department of Labor
Division of Employment and Training      Virginia Employment Commission
4425 N. Market Street                    5060 Valley View Blvd
Wilmington, DE 19809-0828                Roanoke, VA 24012
PHONE: (302)761-8116                     PHONE: (540) 561-7489

MARYLAND                                 Virginia Employment Commission
Department of Labor, Licensing and       165 Deer Run Road
Regulation                               Danville, VA 24540
Suite 100                                PHONE: (804) 791-5291
14 North Potomac Street
Hagerstown, MD 21740                     Virginia Employment Commission
PHONE: (301) 393-8218                    25036 Lankford Highway, Unit 16
                                         Onley, VA 23418
PENNSYLVANIA                             PHONE: (757) 302-2029
Department of Labor and Industry
Bureau of Employer and Career Services   Virginia Employment Commission
7th and Forster Streets, 13th Floor      910 N. Mecklenburg Avenue
Harrisburg, PA 17120                     South Hill, VA 23970
PHONE: (717) 787-6521                    PHONE: (804) 447-8700

VIRGINIA                                 Virginia Employment Commission
Virginia Employment Commission           100 Premier Place
703 E. Main Street                       Winchester, VA 22602
Richmond, VA 23219                       PHONE: (540) 722-3415
PHONE: (804) 786-8714
                                         Virginia Employment Commission
Virginia Employment Commission           400 Preston Avenue
192 Bristol East Road                    Charlottesville, VA 22902
Bristol, VA 24201                        PHONE: (804) 984-7630
PHONE: (540) 642-7350
                                         Virginia Employment Commission
Virginia Employment Commission           14243 Historyland Highway
5240 Oaklawn Boulevard                   Warsaw, VA 22572
Hopewell, VA 23860                       PHONE: (804) 333-3675
PHONE: (804) 541-6503
                                         WEST VIRGINIA
                                         Bureau of Employment Programs
                                         112 California Avenue
                                         Charleston, WV 25305
                                         PHONE: (304) 558-2850

                               REGION III - ATLANTA

ALABAMA
Department of Industrial Relations         MISSISSIPPI
649 Monroe Street                          Employment Security Commission
Room 2805                                  Programs and Methods Department
Montgomery, AL 36131                       1520 West Capitol Street
PHONE: (334) 242-8020                      Jackson, MS 39203
                                           PHONE: (601) 961-7529

FLORIDA
Agency for Workforce Innovation            NORTH CAROLINA
Alien Certification Unit                   Employment Security Commission
325 John Knox Road, Building L             Applicant Services Unit
Tallahassee, FL 32303                      700 Wade Avenue
PHONE: (850) 921-3830 or 3367              Raleigh, NC 27605
                                           PHONE: (919) 733-3210

GEORGIA
Department of Labor                        SOUTH CAROLINA
148 Andrew Young International Blvd.       Employment Security Commission
Suite 450                                  Alien Labor Certification Unit
Atlanta, GA 30303                          701 Hampton Street
PHONE: (404) 656-3164                      Columbia, SC 29202
                                           PHONE: (803) 737-2599
KENTUCKY
Department of Employment Services          TENNESSEE
275 East Main Street, 2nd Floor West       Department of Labor and
Frankfort, KY 40621                        Workforce Development
PHONE: (502) 564-7456                      Davy Crockett Tower - 11th Floor
                                           500 James Robertson Pkwy.
                                           Nashville, TN 37245-1200
                                           PHONE: (615) 741-1977

                                 REGION IV - DALLAS
ARKANSAS
Employment Security Department              OKLAHOMA
#1 Pershing Circle                          Employment Security Commission
Little Rock, AR 72114                       Will Rogers Memorial Office Building
PHONE: (501) 682-3129                       4th Floor
                                            Oklahoma City, OK 73152-2003
                                            PHONE: (405) 557-7126
COLORADO
Department of Labor & Employment            SOUTH DAKOTA
Tower 2, Suite 400                          Department of Labor
1515 Arapahoe St.                           700 Governors Drive
Denver, CO 80202-2117                       Pierre, SD 57501
(303) 620-4202                              PHONE: (605) 773-3101

LOUISIANA
Department of Labor                         TEXAS
Alien Labor Certification Unit              Texas Workforce Commission
Third Floor Annex                           Alien Labor Certification Unit
Baton Rouge, LA 70804-9094                  101 E. 15th Street, Room 424T
PHONE: (225) 342-3280                       Austin, Texas 78778
                                            PHONE: (512) 463-2977
MONTANA
Department of Labor & Industry              UTAH
1327 Lockey Street                          Department of Workforce Services
Helena, MT 59601                            Service Delivery Support
PHONE: (406) 444-3480                       140 E. 300 Street
                                            Salt Lake City, UT 84111
                                            PHONE: (801) 526-9459
NEW MEXICO
Department of Labor                         WYOMING
401 Broadway, NE                            Department of Employment
Albuquerque, NM 87103                       1703 Edinburgh Street
PHONE: (505) 841-8878                       Rawlins, WY 82301-0070
                                            PHONE: (307) 324-3485
NORTH DAKOTA
Job Service of North Dakota
3416 N. Broadway
Minot, ND 57502-1727
PHONE: (701) 857-7557

                              REGION V - CHICAGO

ILLINOIS
Department of Employment Security       MINNESOTA
401 South State Street, 7th Floor       Department of Economic Security
Chicago, IL 60605                       390 N. Robert St.
PHONE: (312) 793-6807                   Minneapolis, MN 55101
                                        PHONE: (651) 296-2949
INDIANA
Department of Workforce Development     MISSOURI
10 N. Senate Ave.                       Department of Labor and Industrial Relations
Indianapolis, IN 46204                  Division of Employment Security
PHONE: (317) 232-7187                   421 E. Dunklin Street
                                        Jefferson City, MO 65102
                                        PHONE: (573) 751-3773

IOWA                                    NEBRASKA
Iowa Workforce Development              Workforce Development - Department of
150 Des Moines St.                      Labor
Des Moines, IA 50309-5563               550 S. 16th Street
PHONE: (515) 281-9336                   Lincoln, NE 68509-4600
                                        PHONE: (402) 471-9000

KANSAS                                  OHIO
Department of Human Resources           Department of Jobs & Family Services
Division of Employment and Training     145 S. Front Street
401 Southwest Topeka Blvd.              Columbus, OH 43216
Topeka, KS 66603-3182                   PHONE: (614) 644-7288
PHONE: (785) 296-5014

MICHIGAN                                WISCONSIN
Department of Career Development        Department of Workforce Development
7310 Woodward Ave.                      201 E. Washington Ave., Room G-200
Detroit, MI 48202                       Madison, WI 53707
PHONE: (313) 876-5284                   PHONE: (608) 266-0017

                         REGION VI - SAN FRANCISCO

ALASKA                                         NEVADA
Department of Labor & Workforce                Department of Employment, Training &
Development                                    Rehabilitation
Employment Service/FLC                         500 East 3rd Street
1111 West 8th Street, Room 210                 Carson City, NV 89713
Juneau, AK 99801                               PHONE: (775) 684-0415
PHONE: (907) 465-5956

ARIZONA                                        WASHINGTON
Department of Economic Security                Employment Security Department
1789 West Jefferson                            Work Source Operations Division
Phoenix, AZ 85005                              605 Woodland Square Loop SE
PHONE: (602) 542-6515                          Olympia, WA 98507-9046
                                               PHONE: (360) 438-3285
CALIFORNIA
Employment Development Department
Agriculture Reporting Unit
800 Capitol Mall, MIC 37
Sacramento, CA 94280-0001
PHONE: (916) 654-9270

HAWAII
Department of Labor and Industrial Relations
Workforce Development Division
830 Punchbowl Street Room 329
Honolulu, HI 96813
PHONE: (808) 586-8820

IDAHO
Idaho Department of Labor
317 W. Main Street
Boise, ID 83735
(208) 334-6139

OREGON
Oregon Employment Department
875 Union Street NE, Rm. 201
Salem, OR 97311
(503) 947-1679

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