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)
Employment and Training Administration
Federal Register Volume 81, Issue 247 (December 23, 2016)
| Page Range | 94421-94422 | |
| FR Document | 2016-30923 |
[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
![Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices 94421
as victim services and community (H–2A workers) to perform herding or bargaining wage, or (iii) the applicable
outreach services), information sharing production of livestock on the range. minimum wage imposed by Federal or
with tribal governments, training AEWRs are the minimum wage rates State law or judicial action. Further,
received by prosecutors about tribal the Department has determined must be when the monthly AEWR is adjusted
lands, joint training opportunities with offered and paid by employers to H–2A during a work contract, and is higher
state prosecutors and tribes, and the workers and workers in corresponding than both the agreed-upon collective
number and types of referrals to and employment so that the wages of bargaining wage and the applicable
cases prosecuted by state prosecutors. similarly employed U.S. workers will minimum wage imposed by Federal or
This survey is the first of its kind to not be adversely affected. In this notice, State law or judicial action in effect at
describe the role that state and local the Department announces the annual the time the work is performed, the
prosecutor offices play in charging and update of the AEWR for workers employer must pay that adjusted
prosecuting crimes that occur on tribal engaged in the herding or production of monthly AEWR upon publication by the
lands in PL–280 states. livestock on the range, as required by Department in the Federal Register. 20
(5) An estimate of the total number of the methodology established in the CFR 655.211(a)(2).
respondents and the amount of time Temporary Agricultural Employment of As provided in 20 CFR 655.211(c) of
estimated for an average respondent to H–2A Foreign Workers in the Herding or the H–2A Herder Rule, the methodology
respond: An agency-level survey will be Production of Livestock on the Range in for establishing the monthly AEWR for
sent to approximately 460 offices, the United States, 80 FR 62958, 63067– range occupations in all states is based
including a full census of prosecutor 63068 (Oct. 16, 2015); 20 CFR 655.211. on the rate of $7.25/hour multiplied by
offices in counties with tribal lands DATES: Effective Date: This notice is 48 hours per week, and then multiplied
(approximately 210) and a sample of effective January 1, 2017. by 4.333 weeks per month. Beginning
prosecutor offices in counties without FOR FURTHER INFORMATION CONTACT: for calendar year 2017, the monthly
tribal lands (approximately 250 of the William W. Thompson, II, Acting AEWR shall be adjusted annually based
remaining 520). The expected burden Administrator, Office of Foreign Labor on the Employment Cost Index (ECI) for
placed on these respondents is about 70 Certification, U.S. Department of Labor, wages and salaries published by the
minutes per respondent, including 200 Constitution Avenue NW., Room Bureau of Labor Statistics for the
follow-up time. PPII–12–200, Washington, DC 20210. preceding annual period. The 12-month
(6) An estimate of the total public Telephone: 202–693–3010 (this is not a change in the ECI for wages and salaries
burden (in hours) associated with the toll-free number). Individuals with between September 2015 and September
collection: The total respondent burden hearing or speech impairments may 2016 was 2.4 percent. ETA used that
is approximately 510 burden hours. access the telephone number above via percentage to adjust the monthly
If additional information is required AEWR.1
TTY by calling the toll-free Federal
contact: Melody Braswell, Department
Information Relay Service at 1–800– The H–2A Herder Rule applies a two-
Clearance Officer, United States
877–8339. year transition to the full monthly
Department of Justice, Justice
Management Division, Policy and SUPPLEMENTARY INFORMATION: The U.S. AEWR. In applying the transition wage
Planning Staff, Two Constitution Citizenship and Immigration Services of rate methodology set forth under 20 CFR
Square, 145 N Street NE., 3E.405B, the Department of Homeland Security 655.211(d)(2) for calendar year 2017, the
Washington, DC 20530. will not approve an employer’s petition Department is setting the national
for the admission of H–2A monthly AEWR at 90 percent of the full
Dated: December 19, 2016. nonimmigrant temporary agricultural wage calculated using the H–2A Herder
Jerri Murray, workers in the U.S. unless the petitioner Rule methodology. Thus, the national
Department Clearance Officer for PRA, U.S. has received from the Department an H– monthly AEWR rate for all range
Department of Justice. 2A labor certification. The labor occupations in the H–2A program is
[FR Doc. 2016–30932 Filed 12–22–16; 8:45 am] certification provides that: (1) There are calculated at ($7.25 × 48 × 4.333 × 1.024
BILLING CODE 4410–18–P not sufficient U.S. workers who are able, × .90 = 1,389.67) or $1,389.67.
willing, and qualified and who will be Accordingly, any employer certified
available at the time and place needed or seeking certification for range
DEPARTMENT OF LABOR to perform the labor or services involved workers must pay each worker a wage
in the petition; and (2) the employment that is at least the highest of the
Employment and Training of the foreign worker(s) in such labor or monthly AEWR of $1,389.67, the
Administration services will not adversely affect the agreed-upon collective bargaining wage,
wages and working conditions of or the applicable minimum wage
Labor Certification Process for the workers in the U.S. similarly employed.
Temporary Employment of Aliens in imposed by Federal or State legislation
8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1), or judicial action, at the time work is
Agriculture in the United States: and 1188(a); 8 CFR 214.2(h)(5); 20 CFR
Adverse Effect Wage Rate for Range performed on or after the effective date
655.100. of this notice.
Occupations in 2017
Adverse Effect Wage Rate for 2017
AGENCY: Employment and Training 1 The regulation at 20 CFR 655.211(c)(2) states
Administration, Department of Labor. The Department’s H–2A regulations that the monthly AEWR is calculated based on the
ACTION: Notice. covering the herding or production of Employment Cost Index for wages and salaries for
livestock on the range (H–2A Herder the preceding October—October period. This was
mstockstill on DSK3G9T082PROD with NOTICES
intended to refer the October publication of data by
SUMMARY: The Employment and Rule) at 20 CFR 655.210(g) and BLS of wages and salaries for the September—
Training Administration (ETA) of the 655.211(a)(1) provide that employers September period. Accordingly, the most recent 12-
Department of Labor (Department) is must offer, advertise in recruitment and month change in the Employment Cost Index
issuing this notice to announce the 2017 pay each worker employed under 20 published on October 28, 2016 by the Bureau of
Labor Statistics was used for establishing the
Adverse Effect Wage Rate (AEWR) for CFR 655.200–655.235 a wage that is at monthly AEWR for the second transition year under
the employment of temporary or least the highest of: (i) The monthly the regulations. See http://www.bls.gov/
seasonal nonimmigrant foreign workers AEWR, (ii) the agreed-upon collective news.release/eci.nr0.htm.
VerDate Sep<11>2014 18:33 Dec 22, 2016 Jkt 241001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1](https://thefederalregister.org/doc/81_FR_94668/page/1.svg)
![94422 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices
Signed in Washington, DC. and 1188(a); 8 CFR 214.2(h)(5); 20 CFR TABLE—2017 ADVERSE EFFECT WAGE
Portia Wu, 655.100. RATES—Continued
Assistant Secretary, Employment and Adverse Effect Wage Rates for 2017
Training Administration. State 2017 AEWRs
[FR Doc. 2016–30923 Filed 12–22–16; 8:45 am] The Department’s H–2A regulations at
BILLING CODE 4510–FP–P
20 CFR 655.120(l) provide that Nebraska .............................. 13.79
employers must pay their H–2A workers Nevada ................................. 11.00
and workers in corresponding New Hampshire .................... 12.38
New Jersey ........................... 12.19
DEPARTMENT OF LABOR employment at least the highest of: (i)
New Mexico .......................... 10.95
The AEWR; (ii) the prevailing hourly New York .............................. 12.38
Employment and Training wage rate; (iii) the prevailing piece rate; North Carolina ...................... 11.27
Administration (iv) the agreed-upon collective North Dakota ........................ 13.79
bargaining wage rate, if applicable; or Ohio ...................................... 13.01
Labor Certification Process for the (v) the Federal or State minimum wage Oklahoma ............................. 11.59
Temporary Employment of Aliens in rate, in effect at the time the work is Oregon .................................. 13.38
Agriculture in the United States: 2017 performed. Pennsylvania ........................ 12.19
Adverse Effect Wage Rates Rhode Island ........................ 12.38
Except as otherwise provided in 20 South Carolina ...................... 10.62
CFR part 655, subpart B, the region- South Dakota ........................ 13.79
AGENCY: Employment and Training
wide AEWR for all agricultural Tennessee ............................ 10.92
Administration, Department of Labor.
employment (except those occupations Texas .................................... 11.59
ACTION: Notice. characterized by other than a reasonably Utah ...................................... 11.00
regular workday or workweek as Vermont ................................ 12.38
SUMMARY: The Employment and Virginia .................................. 11.27
described in 20 CFR 655.102) for which
Training Administration (ETA) of the Washington ........................... 13.38
temporary H–2A certification is being
Department of Labor (Department) is West Virginia ........................ 10.92
sought is equal to the annual weighted Wisconsin ............................. 12.75
issuing this notice to announce the 2017
average hourly wage rate for field and Wyoming ............................... 11.66
Adverse Effect Wage Rates (AEWRs) for
livestock workers (combined) in the
the employment of temporary or
State or region as published annually by Pursuant to the H–2A regulations at
seasonal nonimmigrant foreign workers
the United States Department of 20 CFR 655.173, the Department will
(H–2A workers) to perform agricultural
Agriculture (USDA). 20 CFR 655.120(c) publish a separate Federal Register
labor or services.
requires that the Administrator of the notice in early 2017 to announce (1) the
AEWRs are the minimum wage rates Office of Foreign Labor Certification allowable charges for 2017 that
the Department has determined must be publish the USDA field and livestock employers seeking H–2A workers may
offered and paid by employers to H–2A worker (combined) wage data as AEWRs charge their workers for providing them
workers and workers in corresponding in a Federal Register notice. three meals a day; and (2) the maximum
employment for a particular occupation Accordingly, the 2017 AEWRs to be travel subsistence reimbursement which
and area so that the wages of similarly paid for agricultural work performed by a worker with receipts may claim in
employed U.S. workers will not be H–2A and U.S. workers on or after the 2017.
adversely affected. In this notice, the effective date of this notice are set forth
Department announces the annual Signed in Washington, DC
in the table below: Portia Wu,
update of the AEWRs.
DATES: Effective Date: This notice is Assistant Secretary, Employment and
TABLE—2017 ADVERSE EFFECT WAGE Training Administration.
effective December 23, 2016. RATES [FR Doc. 2016–30928 Filed 12–22–16; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 4510–FP–P
William W. Thompson, II, Acting State 2017 AEWRs
Administrator, U.S. Department of
Labor, Employment and Training Alabama ................................ $10.62
Arizona .................................. 10.95 DEPARTMENT OF LABOR
Administration, Office of Foreign Labor Arkansas ............................... 10.38
Certification, 200 Constitution Avenue California ............................... 12.57 Employment and Training
NW., Room PPII–12–200, Washington, Colorado ............................... 11.00 Administration
DC 20210. Telephone: 202–513–7350 Connecticut ........................... 12.38
(this is not a toll-free number). Delaware ............................... 12.19 Agency Information Collection
SUPPLEMENTARY INFORMATION: As a Florida ................................... 11.12 Activities; Comment Request;
condition precedent to receiving an H– Georgia ................................. 10.62 Workforce Innovation Fund Grants
Hawaii ................................... 13.14 Reporting and Recordkeeping
2A visa, employers must first obtain a Idaho ..................................... 11.66
labor certification from the Department Requirements
Illinois .................................... 13.01
of Labor. The labor certification Indiana .................................. 13.01 ACTION: Notice.
provides that: (1) There are not Iowa ...................................... 13.12
sufficient U.S. workers who are able, Kansas .................................. 13.79 SUMMARY: The Department of Labor
willing, and qualified and who will be Kentucky ............................... 10.92 (DOL), Employment and Training
available at the time and place needed Louisiana .............................. 10.38 Administration (ETA) is soliciting
mstockstill on DSK3G9T082PROD with NOTICES
to perform the labor or services involved Maine .................................... 12.38 comments concerning a proposed
Maryland ............................... 12.19 extension for the authority to conduct
in the petition; and (2) the employment
Massachusetts ...................... 12.38
of the foreign worker(s) in such labor or Michigan ............................... 12.75
the information collection request (ICR)
services will not adversely affect the Minnesota ............................. 12.75 titled, ‘‘Workforce Innovation Fund
wages and working conditions of Mississippi ............................ 10.38 Grants Reporting and Recordkeeping
workers in the U.S. similarly employed. Missouri ................................ 13.12 Requirements.’’ This comment request
8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1), Montana ................................ 11.66 is part of continuing Departmental
VerDate Sep<11>2014 18:33 Dec 22, 2016 Jkt 241001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1](https://thefederalregister.org/doc/81_FR_94668/page/2.svg)
Document Created: 2016-12-23 12:29:02
Document Modified: 2016-12-23 12:29:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Effective Date: This notice is effective January 1, 2017. | |
| 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. | |
| FR Citation | 81 FR 94421 |
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