[Federal Register: April 5, 2001 (Volume 66, Number 66)]
[Notices]               
[Page 18123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap01-106]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[General Administration Letter No. 1-01]

 
Office of Workforce Services, Foreign Labor Certification; 
General Administration Letter Clarifying Procedural Guidance Regarding 
Worker Rejection and Termination From H-2A Temporary, Alien 
Agricultural Employment

    The Employment and Training Administration interprets Federal law 
requirements pertaining to foreign labor certification as part of its 
role in the administration of the H-2A temporary alien agricultural 
labor certification program. These interpretations are issued in 
General Administration Letters (GAL's) to the State Employment Security 
Agencies. The GAL described below is published in the Federal Register 
in order to inform the public.

GAL No. 1-01

    GAL No. 1-01, provides policy clarification and procedural guidance 
for the notification process between employers and the State Employment 
Security Agency (SESA) regarding worker rejection and termination from 
H-2A temporary agricultural employment. It also provides answers to 
questions raised by State Employment Security Agencies and other 
interested parties.

    Dated: March 22, 2001.
Raymond J. Uhalde,
Deputy Assistant Secretary of Labor.

Attachment

Department of Labor

Employment and Training Administration

Classification: H-2A.
Correspondence Symbol: OWS.
Date: October 30, 2000.
DIRECTIVE: General Administrative Letter No. 1-01
TO: All State Employment Security Agencies
FROM: Wendy L. McConnell for Lenita Jacobs-Simmons, Deputy Assistant 
Secretary
SUBJECT: Notification to State Office Regarding Worker Rejection or 
Termination from H-2A Temporary Agricultural Employment

    1. Purpose. To provide policy clarification and procedural 
guidance for the notification process between employers and the 
State Employment Security Agency (SESA) regarding worker rejection 
and termination from H-2A temporary agricultural employment.
    2. References. 20 CFR part 655, Subpart B and 20 CFR 655.103
    3. Background. The H-2A Regulations at CFR 655.103 require 
employers to notify the designated SESA Office of any voluntary or 
involuntary worker departure from job site. Issues have arisen with 
regard to the timing of employer notification to the SESA when the 
workers leave employment.
    4. Policy Clarification/Procedural Guidance. In keeping with the 
long standing interpretation by INS, abandonment of employment by a 
worker requires employer notification in writing to the SESA no 
later than forty-eight (48) hours after the employer becomes aware 
of abandonment. In the event of the employer terminating worker(s) 
for cause, the employer will notify the SESA in writing of such 
termination no later than forty-eight (48) hours.
    5. Action Required. SESAs are strongly encouraged to adhere to 
the established procedure and to communicate to the employer 
community of their corresponding responsibility for the timely 
notification to the SESA central office of worker abandonment or 
termination from H-2A temporary agricultural employment.
    6. Inquiries. H-2A employer notification procedure questions 
should be directed to Charlene Giles at (202) 693-2950 (3-2950).

Rescissions: None.
Expiration Date: October 31, 2003.

[FR Doc. 01-8343 Filed 4-4-01; 8:45 am]