Narrative: e. 5. C.

Employer services and agricultural recruitment system: Maine’s American Job Centers will continue to help agricultural employers in obtaining workers to harvest their crops and referring job seekers to general agriculture and H-2A job orders Where U.S. workers must be given hiring priority. The range of services to agricultural employers extend beyond assistance with job orders and referrals and incapsulate the full range of American Job Center partner services. Employers are invited to participate in job fairs and to work with a CareerCenter business liaison to create recruitment plans, potential training opportunities, and possible use of the Agricultural Recruitment System (ARS) to help recruit qualified workers. The SWA intends to work closely with the Maine Department of Agriculture and agriculture employers to promote the use of the ARS to recruit and fill job openings. Maine’s labor exchange system connects employers to workers, serving as a bridge between local office staff and employers, facilitating direct service provision for employer account management, job seeker resume review, or job order enhancement. Employer engagement creates the opportunity to assess the quality of services to the employer community. Employer feedback, forums, and satisfaction surveys help identify areas for continuous improvement.

The SWA will also provide technical services and convene informational meetings for foreign labor stakeholders, agricultural employers, and service providers interested in the American Job Center services including the H-2A foreign labor certification program. The SWA will provide assistance to agricultural employers during field visits by: distributing informational brochures and required posters, assessing employer’s labor needs, taking job information, and recommending the Agricultural Recruitment System (should local workers not be readily available).

H-2A local offices are those offices whose neighboring agricultural employers file H-2A job orders and may have referrals to those orders. The local office should carry out active referrals until the employer’s H2A workers depart for the work site (at least two days before the employer’s set start date for work on the job order). The SWA’s Foreign Labor Specialist  (FLC) will oversee the foreign labor related activities pertaining to processing the Agricultural Clearance order ETA form 790 for H-2A. In addition, the FLC will be the liaison on this process with the US DOL Office of Foreign Labor Certification and related processing center. The FLC will also provide technical services and convene information meetings for foreign labor stakeholders, agricultural employers, and service providers.

When employers request foreign workers through the H2-A program the FLC oversees procedures described below to advertise the job opening. The H-2A is governed under US DOL ETA 20 CFR Part 655 and Wage & Hour Division 29 CFR Part 501, Temporary Agricultural Employment of H-2A Aliens in the United States; Final Rule February 12, 2010. The H–2A non-immigrant worker visa program enables U.S. agricultural employers to employ foreign workers on a temporary basis to perform agricultural labor or services.

In Maine, the H-2A related job orders are administered through  the Bureau of Employment Services (BES) and the Bureau of Labor Standards (BLS) at the Maine Department of Labor (MDOL). Job openings intended for H-2A labor certification program are entered on America’s Job Link through the Maine JobLink (MJL). These listings can be seen by potential workers in all 50 states. The FLC reviews the H-2A related Agricultural Clearance Order form ETA 790 for accuracy and compliance with the H-2A federal regulations before the job order is uploaded on the Maine JobLink by H-2A staff, and prior to employers forwarding a request for foreign workers to the USDOL ETA Office of Foreign Labor Certification H-2A National Processing Center. The jobs are also entered into the Interstate Clearance System to Florida, Vermont, and New Hampshire. These are supply states that often have workers who are willing to move to accept employment on a seasonal basis. The Interstate Clearance System is an agreement between states that have a shortage of workers and those states that have a surplus. The state with the shortage sends information on the job and what the employer is willing to provide in order to recruit workers. The surplus state informs local offices that have a surplus of agriculture workers of the job opportunities and see if any wish to relocate for the harvest season.