Although new Federal Regulations affecting the H-2A filing procedures were published in January, 2009, a Final Rule was published in May, 2009 extending the transition period to December 31, 2009. Therefore, through December 31, 2009, H-2A applications must be filed using the forms ETA 750 A and ETA 790 under the old regulations (prior to January, 2009). For complete information, go to http://www.foreignlaborcert.doleta.gov/. All questions regarding the new regulations need to be e-mailed to H-2A.Regulation@dol.gov. Ohio will continue to assist Ohio employers with:
Ohio will conduct housing inspections. Employers who have previously participated in the H-2A program should schedule the housing inspections prior to filing their H-2A application. This can be done by contacting Ohio FLC at flc@jfs.ohio.gov, faxing a request to 614-728-7299, or by calling 614-644-0327 with the following information:
Business name; Business city; Housing Address; Contact’s name; Contact’s phone number (where contact can be reached 7am – 3pm); Contact’s fax number; Contact’s e-mail address.
The employer should have housing ready for inspection (vacant, clean, and in good repair)at time of filing, if not earlier.
When applicable (5 or more persons housed at the same location), the employer must obtain an agriculture camp license. This should be done, and results be available, prior to scheduling the housing inspection. All camp license inspection requests should be made to:
W. Stamper
Telephone: (614) 644-8605
E-mail address: will.stamper@odh.ohio.gov
If the employer uses well water at the housing site(s), a well water inspection must be done. The results should be available at the time of the housing inspection.
Ohio will continue to write the job order upon request of the U.S. DOL OFLC. A request for the job order information (job order number, job order open date, and job order close date) can be e-mailed to flc@jfs.ohio.gov. A reply will be sent when the job order is written.
Verification of Employment Eligibility for all ODJFS Referrals
Ohio will provide the employer with verification of each ODJFS referral’s eligibility to work within the United States.
AEWRS (Adverse Effect Wage Rates)
AEWRS are the minimum wage rates which the Department of Labor has determined must be offered and paid to U.S. and foreign workers by employers of nonimmigrant foreign agricultural workers. Such employers must pay the higher of the AEWR, the applicable prevailing wage, or the statutory minimum wage as specified in the regulations 20 CFR 655.107. The 2009 AEWRS for Ohio is $10.45 an hour.