81 FR 94421 - Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: Adverse Effect Wage Rate for Range Occupations in 2017

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 81, Issue 247 (December 23, 2016)

The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2017 Adverse Effect Wage Rate (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform herding or production of livestock on the range. AEWRs are the minimum wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment so that the wages of similarly employed U.S. workers will not be adversely affected. In this notice, the Department announces the annual update of the AEWR for workers engaged in the herding or production of livestock on the range, as required by the methodology established in the Temporary Agricultural Employment of H- 2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States, 80 FR 62958, 63067-63068 (Oct. 16, 2015); 20 CFR 655.211.

[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Pages 94421-94422]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30923]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration


Labor Certification Process for the Temporary Employment of 
Aliens in Agriculture in the United States: Adverse Effect Wage Rate 
for Range Occupations in 2017

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Employment and Training Administration (ETA) of the 
Department of Labor (Department) is issuing this notice to announce the 
2017 Adverse Effect Wage Rate (AEWR) for the employment of temporary or 
seasonal nonimmigrant foreign workers (H-2A workers) to perform herding 
or production of livestock on the range.
    AEWRs are the minimum wage rates the Department has determined must 
be offered and paid by employers to H-2A workers and workers in 
corresponding employment so that the wages of similarly employed U.S. 
workers will not be adversely affected. In this notice, the Department 
announces the annual update of the AEWR for workers engaged in the 
herding or production of livestock on the range, as required by the 
methodology established in the Temporary Agricultural Employment of H-
2A Foreign Workers in the Herding or Production of Livestock on the 
Range in the United States, 80 FR 62958, 63067-63068 (Oct. 16, 2015); 
20 CFR 655.211.

DATES: Effective Date: This notice is effective January 1, 2017.

FOR FURTHER INFORMATION CONTACT: William W. Thompson, II, Acting 
Administrator, Office of Foreign Labor Certification, U.S. Department 
of Labor, 200 Constitution Avenue NW., Room PPII-12-200, Washington, DC 
20210. Telephone: 202-693-3010 (this is not a toll-free number). 
Individuals with hearing or speech impairments may access the telephone 
number above via TTY by calling the toll-free Federal Information Relay 
Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: The U.S. Citizenship and Immigration 
Services of the Department of Homeland Security will not approve an 
employer's petition for the admission of H-2A nonimmigrant temporary 
agricultural workers in the U.S. unless the petitioner has received 
from the Department an H-2A labor certification. The labor 
certification provides that: (1) There are not sufficient U.S. workers 
who are able, willing, and qualified and who will be available at the 
time and place needed to perform the labor or services involved in the 
petition; and (2) the employment of the foreign worker(s) in such labor 
or services will not adversely affect the wages and working conditions 
of workers in the U.S. similarly employed. 8 U.S.C. 
1101(a)(15)(H)(ii)(a), 1184(c)(1), and 1188(a); 8 CFR 214.2(h)(5); 20 
CFR 655.100.

Adverse Effect Wage Rate for 2017

    The Department's H-2A regulations covering the herding or 
production of livestock on the range (H-2A Herder Rule) at 20 CFR 
655.210(g) and 655.211(a)(1) provide that employers must offer, 
advertise in recruitment and pay each worker employed under 20 CFR 
655.200-655.235 a wage that is at least the highest of: (i) The monthly 
AEWR, (ii) the agreed-upon collective bargaining wage, or (iii) the 
applicable minimum wage imposed by Federal or State law or judicial 
action. Further, when the monthly AEWR is adjusted during a work 
contract, and is higher than both the agreed-upon collective bargaining 
wage and the applicable minimum wage imposed by Federal or State law or 
judicial action in effect at the time the work is performed, the 
employer must pay that adjusted monthly AEWR upon publication by the 
Department in the Federal Register. 20 CFR 655.211(a)(2).
    As provided in 20 CFR 655.211(c) of the H-2A Herder Rule, the 
methodology for establishing the monthly AEWR for range occupations in 
all states is based on the rate of $7.25/hour multiplied by 48 hours 
per week, and then multiplied by 4.333 weeks per month. Beginning for 
calendar year 2017, the monthly AEWR shall be adjusted annually based 
on the Employment Cost Index (ECI) for wages and salaries published by 
the Bureau of Labor Statistics for the preceding annual period. The 12-
month change in the ECI for wages and salaries between September 2015 
and September 2016 was 2.4 percent. ETA used that percentage to adjust 
the monthly AEWR.\1\
---------------------------------------------------------------------------

    \1\ The regulation at 20 CFR 655.211(c)(2) states that the 
monthly AEWR is calculated based on the Employment Cost Index for 
wages and salaries for the preceding October--October period. This 
was intended to refer the October publication of data by BLS of 
wages and salaries for the September--September period. Accordingly, 
the most recent 12-month change in the Employment Cost Index 
published on October 28, 2016 by the Bureau of Labor Statistics was 
used for establishing the monthly AEWR for the second transition 
year under the regulations. See http://www.bls.gov/news.release/eci.nr0.htm.
---------------------------------------------------------------------------

    The H-2A Herder Rule applies a two-year transition to the full 
monthly AEWR. In applying the transition wage rate methodology set 
forth under 20 CFR 655.211(d)(2) for calendar year 2017, the Department 
is setting the national monthly AEWR at 90 percent of the full wage 
calculated using the H-2A Herder Rule methodology. Thus, the national 
monthly AEWR rate for all range occupations in the H-2A program is 
calculated at ($7.25 x 48 x 4.333 x 1.024 x .90 = 1,389.67) or 
$1,389.67.
    Accordingly, any employer certified or seeking certification for 
range workers must pay each worker a wage that is at least the highest 
of the monthly AEWR of $1,389.67, the agreed-upon collective bargaining 
wage, or the applicable minimum wage imposed by Federal or State 
legislation or judicial action, at the time work is performed on or 
after the effective date of this notice.


[[Page 94422]]


    Signed in Washington, DC.
Portia Wu,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2016-30923 Filed 12-22-16; 8:45 am]
BILLING CODE 4510-FP-P