Sec. 203. Agency roles and responsibilities
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With respect to the administration of the H–2A program, the Secretary of Labor shall be responsible for— consulting with State workforce agencies to— review and process job orders; facilitate the recruitment and referral of able, willing and qualified United States workers who will be available at the time and place needed; determine prevailing wages and practices; and conduct timely inspections to ensure compliance with applicable Federal, State, or local housing standards and Federal regulations for H–2A housing; determining whether the employer has met the conditions for approval of the H–2A petition described in section 218(a) of the Immigration and Nationality Act ( 8 U.S.C. 1188(a) ); determining, in consultation with the Secretary of Agriculture, whether a job opportunity is of a seasonal or temporary nature; determining whether the employer has complied or will comply with the H–2A program requirements set forth in section 218(b) of the Immigration and Nationality Act ( 8 U.S.C. 1188(b) ); processing and investigating complaints consistent with section 218(m)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1188(m)(2) ); and ensuring that guidance to State workforce agencies to conduct wage surveys is regularly updated.
With respect to the administration of the H–2A program, the Secretary of Homeland Security shall be responsible for— adjudicating petitions for the admission of H–2A workers, which shall include an assessment as to whether each beneficiary will be employed in accordance with the terms and conditions of the certification and whether the named beneficiaries qualify for such employment; transmitting a copy of the final decision on the petition to the employer, and in the case of approved petitions, ensuring that the petition approval is reflected in the electronic platform to facilitate the prompt issuance of a visa by the Department of State (if required) and the admission of the H–2A workers to the United States; and establishing a reliable and secure method through which H–2A workers can access information about their H–2A visa status, including information on pending, approved, or denied petitions to extend such status.
There is established in the general fund of the Treasury a separate account, which shall be known as the H–2A Labor Certification Fee Account . Notwithstanding any other provisions of law, there shall be deposited as offsetting receipts into the account all amounts— collected as a civil penalty under section 218(m)(2)(E) of the Immigration and Nationality Act; and collected as a fee under section 218(o)(1)(B) of the Immigration and Nationality Act. Amounts deposited into the H–2A Labor Certification Fee Account shall be available (except as otherwise provided in this paragraph) without fiscal year limitation and without the requirement for specification in appropriations acts to the Secretary of Labor for use, directly or through grants, contracts, or other arrangements, in such amounts as the Secretary of Labor determines are necessary for the costs of Federal and State administration in carrying out activities in connection with labor certification under section 218 of the Immigration and Nationality Act.
Such costs may include personnel salaries and benefits, equipment and infrastructure for adjudication and customer service processes, the operation and maintenance of an on-line job registry, and program integrity activities. The Secretary, in determining what amounts to transfer to States for State administration in carrying out activities in connection with labor certification under section 218 of the Immigration and Nationality Act shall consider the number of H–2A workers employed in that State and shall adjust the amount transferred to that State accordingly.
In addition, 10 percent of the amounts deposited into the H–2A Labor Certification Fee Account shall be available to the Office of Inspector General of the Department of Labor to conduct audits and criminal investigations relating to such foreign labor certification programs. Amounts available under paragraph
(1)shall be available in addition to any other funds appropriated or made available to the Department of Labor under other laws, including section 218(o)(2) of the Immigration and Nationality Act.
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Sec. 203
Agency roles and responsibilities
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