ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.

Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here:



< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly


Employment and Training Administration
Advisory System

U.S. Department of Labor
Washington, D.C. 20210
CLASSIFICATION
H-2B Program
CORRESPONDENCE SYMBOL
OWS
DATE
October 29, 2002

      TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 12-02

      TO: ALL STATE WORKFORCE AGENCIES

      /S/
      FROM: EMILY STOVER DeROCCO
      Assistant Secretary      
      SUBJECT: Policy Clarification for Processing H-2B Temporary Certifications for Occupations in the Landscaping Industry 2002 - 2003


      1. Purpose. To provide clarification to State Workforce Agencies (SWA) with regard to the processing of H-2B temporary applications for limited jobs in the landscaping industry which includes only those activities addressed in this guidance for the 2002-2003 season.

      2. References. General Administration Letter No. 1-95, Procedures for H-2B Temporary Labor Certification in Non-Agricultural Occupations: Field Memorandum 25-98: H-2B Temporary Non-Agricultural Labor Certification Program requirements; General Administration Letter 2-98: Prevailing Wage Policy for Non-Agricultural Immigration Programs; Employment Service Program Letter No. 01-01, Change 2: Policy Clarification for Processing H-2B Temporary Certifications for Occupations in the Landscaping Industry 2001-2002.

      3. Background. Several years ago it was brought to our attention that there were system wide inconsistencies in the processing of H-2B applications for limited jobs in the landscaping industry particularly with respect to two issues: a) the interpretation of DOT descriptions for landscaping, and b) the assignment of a wage rate to the landscaping job. Many applications for landscaping jobs list various activities and combination of activities that make it difficult to achieve a match with a specific DOT code. This problem has led to inconsistent classification of landscaping jobs and consequently, inconsistent assignment of wage rates, specifically Service Contract Act (SCA) wage rates.


      RESCISSIONSEXPIRATION DATE
       Continuing



    4. Action Required. SWA Administrators are requested to provide the following clarification and guidance to appropriate staff.

      a) Any application received for landscaping jobs which includes the following activities and only the following activities: "mow, cut, water, edge lawns; rake and blow leaves; dig holes for bushes; pull, chop weeds, prune, and haul topsoil and mulch" should be coded as a Laborer, Landscape - DOT Code 408.687-014.

      b) Any landscaping job with the above description should be given the Occupational Employment Statistics (OES) wage rate for OES/SOC Code 37-3011 (Landscaping and Grounds keeping Worker).

      c) This advisory will not apply to H-2B applications where the state agency has already provided a wage rate to the employer and recruitment has begun. Employers are free to withdraw and refile to obtain a new wage determination.

      d) This advisory does not affect the processing of any applications involving jobs containing duties other than those described above. If there are any questions or concerns regarding how to process a particular application, contact your Regional Certifying Officer.

    This guidance is intended for use only in processing applications for the 2002-2003 landscaping season. This guidance should be provided to staff immediately so that processing could be completed on applications pending for jobs in the landscaping industry.

    5. Inquiries. Inquiries should be directed to Charlene Giles at (202) 693-2950.



    Immigration Daily: the news source for
    legal professionals. Free! Join 35000+ readers
    Enter your email address here: