The Department of Labor has (finally) acknowledged what agricultural employers have been telling them for years – potential U.S. workers are not coming forward in response to print newspaper advertising for available agricultural jobs, and that advertising is costly to employers.
In a Notice of Proposed Rulemaking (NOPR) published today, the Department has opened a 30-day comment period on a proposal to replace expensive newspaper advertising (online or print) entirely with a website-based advertising system – with employers given discretion to choose “at least one website that is widely used and appropriate for use by U.S. workers who are likely to apply for the job opportunity in the area of intended employment.”
Employers seeking to hire H-2A workers will post their jobs to their state workforce agency and then to the Chicago National Processing Center, and then post the job order to the website of their choosing – retaining proof of posting. The job must remain posted on the website for at least 14 consecutive days. No further advertising by employers will be required.
Although the NOPR references the additional duty to contact, in writing, prior-year U.S. workers who completed the season, the NOPR does not replace that requirement with the online job posting. Employers may wish to comment on that issue during the upcoming 30-day comment period, ending December 10, 2018.
For jobs with start dates between now and October 1, 2019, employers will have the choice of online posting or the traditional two newspaper advertisement option.
“This is great news and a good start to a needed reform process for the H-2A visa. NCAE’s advocacy early in the Trump Administration has begun to bear fruit,” noted Michael Marsh, NCAE’s President and CEO. “In fact, timing of the notice dovetails nicely with our planned deep dive into H-2A reform scheduled for our Labor Forum later this month.”
“We are pleased with the Administration’s effort in this regard and look forward to the unveiling of additional reforms,” said Marsh.