20 CFR 655.102 : Employees' Benefits (§ 1.1 To Parts 1011-1099) — (Part 500 To § 656.41) — Employment And Training Administration, Department Of Labor (Part 600 To § 656.41) — Temporary Employment Of Foreign Workers In The United States (§ 655.0 To § 655.1319) — Labor Certification Process For Temporary Agricultural Employment In The United States (H-2A Workers) (§ 655.100 To § 655.235) — Special procedures.

4 Aug 2016

To provide for a limited degree of flexibility in carrying out the Secretary's responsibilities under the Immigration and Nationality Act (INA), while not deviating from statutory requirements, the OFLC Administrator has the authority to establish, continue, revise, or revoke special procedures for processing certain H-2A applications. Employers must demonstrate upon written application to the OFLC Administrator that special procedures are necessary. These include special procedures currently in effect for the handling of applications for sheepherders in the Western States (and adaptation of such procedures to occupations in the range production of other livestock), and for custom combine harvesting crews. Similarly, for work in occupations characterized by other than a reasonably regular workday or workweek, such as the range production of sheep or other livestock, the OFLC Administrator has the authority to establish monthly, weekly, or semi-monthly adverse effect wage rates (AEWR) for those occupations for a statewide or other geographical area. Prior to making determinations under this section, the OFLC Administrator may consult with affected employer and worker representatives. Special Procedures in place on the effective date of this regulation will remain in force until modified by the Administrator.

20 CFR 655.102