83 FR 12410 - Labor Certification Process for the Temporary Employment of H-2A and H-2B Foreign Workers in the United States: Annual Update to Allowable Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including Lodging
DEPARTMENT OF LABOR
Employment and Training Administration Federal Register Volume 83, Issue 55 (March 21, 2018)
Employment and Training Administration
Federal Register Volume 83, Issue 55 (March 21, 2018)
| Page Range | 12410-12411 | |
| FR Document | 2018-05744 |
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)] [Notices] [Pages 12410-12411] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05744] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration Labor Certification Process for the Temporary Employment of H-2A and H-2B Foreign Workers in the United States: Annual Update to Allowable Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including Lodging AGENCY: Employment and Training Administration, Department of Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Employment and Training Administration (ETA) of the Department of Labor (Department or DOL) is issuing this Notice to announce the annual update to the allowable charges that employers seeking H-2A workers in occupations other than range herding may charge their workers when the employer provides three meals a day and the maximum travel subsistence meal reimbursement that a worker with receipts may claim under the H-2A and H-2B programs. The Notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence. DATES: The update is applicable starting March 21, 2018. FOR FURTHER INFORMATION CONTACT: William W. Thompson, II, Administrator, Office of Foreign Labor Certification (OFLC), Box #12- 200, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210. Telephone number: 202-513-7350 (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 1-877-889- 5627. SUPPLEMENTARY INFORMATION: The U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security will not approve an employer's petition for the admission of H-2A or H-2B nonimmigrant temporary workers in the U.S. unless the petitioner has received from DOL an H-2A or H-2B labor certification. See 8 CFR 214.2(h)(5) and (h)(6). Both the H-2A and H-2B labor certifications provide that: (1) There are not sufficient U.S. workers who are qualified and who will be available 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. 20 CFR 655.1(a), 655.100. Allowable Meal Charge H-2A agricultural employers of workers in occupations other than range herding must offer and provide each foreign worker and each worker in corresponding employment three meals per day or provide the workers free and convenient cooking facilities.\1\ 20 CFR 655.122(g). Where the employer provides the meals, the job offer must state the charge, if any, to the worker for such meals. Id. --------------------------------------------------------------------------- \1\ H-2A employers must provide workers engaged in herding or the production of livestock on the range meals or food to prepare meals without charge or deposit charge. 20 CFR 655.210(e). --------------------------------------------------------------------------- The Department establishes the methodology for determining the maximum amounts that H-2A agricultural employers may charge foreign workers and workers in corresponding employment for providing them with three meals per day during employment. Sec. 655.173(a). This methodology allows for annual adjustments of the previous year's maximum allowable charge based on updated Consumer Price Index for All Urban Consumers for Food (CPI-U for Food), not seasonally adjusted. Id. The maximum amount employers may charge workers for providing meals is adjusted annually by the 12-month percentage change in the CPI-U for Food for the prior year (i.e., between December of the year just concluded and December of the prior year). Id. The OFLC Certifying Officer may also permit an employer to charge workers a higher amount for providing them with three meals a day, if the higher amount is justified and sufficiently documented by the employer, as set forth in Sec. 655.173(b). The percentage change in the CPI-U for Food between December 2016 and December 2017 was 1.6 percent.\2\ Thus, the annual update to the H- 2A allowable meal charge is calculated by multiplying the current allowable meal charge by the 12-month percentage change in the CPI-U for Food between December 2016 and December 2017 ($12.07 x 1.016 = $12.26). Accordingly, the updated maximum allowable charge under Sec. 655.122(g) is $12.26 per day, and an employer is not permitted to charge a worker more than $12.26 per day unless the OFLC Certifying Officer approves a higher charge, as authorized under Sec. 655.173(b). --------------------------------------------------------------------------- \2\ Consumer Price Index--December 2017, published January 12, 2018 at https://www.bls.gov/news.release/cpi.nr0.htm. --------------------------------------------------------------------------- Reimbursement for Travel-Related Subsistence Under the following conditions, H-2B and H-2A employers must pay the reasonable travel and subsistence costs, including the costs of meals and lodging, incurred by workers during travel to the worksite from the place from which the worker has come to work for the employer and from the place of employment to the place from which the worker departed to work for the employer, as well as any such costs incurred by the worker incident to obtaining a visa authorizing entry to the U.S. for the purpose of H-2A or H-2B employment. Sec. Sec. 655.122(h)(1)-(2), 655.20(j)(1)(i)-(ii). An H-2A employer is responsible for providing (either paying in advance or reimbursing a worker) the reasonable costs of daily travel-related subsistence between the employer's worksite and the place from which the worker has come to work for the employer, if the worker completes 50 percent of the work contract period, and must provide (or pay at the time of departure) the worker's return costs, upon the worker completing the contract or being dismissed without cause. Similarly, an H-2B employer is responsible for providing (either paying in advance or reimbursing a worker) the reasonable costs of transportation and daily subsistence between the employer's worksite and the place from which the worker has come to work for the employer, if the worker completes 50 percent of the work contract period, and upon the worker completing the contract or being dismissed early, return costs. The minimum daily travel subsistence expense for meals, for which a worker is entitled to reimbursement, must be at least as much as the employer would charge for providing the worker with three meals per day during employment (if applicable). In no circumstances may the employer reimburse workers less than the amount permitted under Sec. 655.173(a), i.e., the current year's daily meal charge amount of $12.26. The maximum amount an employer is required to reimburse workers for daily travel-related subsistence, as evidenced with receipts, is equal to the standard minimum Continental United States (CONUS) per diem rate, as established by the General Services Administration (GSA) at 41 CFR part 301, formerly [[Page 12411]] published in Appendix A, and now found at https://www.gsa.gov/perdiem. The CONUS minimum meals component remains $51.00 per day for 2018.\3\ Workers who qualify for travel reimbursement are entitled to reimbursement for meals up to the CONUS meal rate when they provide receipts. In determining the appropriate amount of reimbursement for meals for less than a full day, the employer may limit the meal expense reimbursement, with receipts, to 75 percent of the maximum reimbursement for meals, or $38.25, based on the GSA per diem schedule. If a worker does not provide receipts, the employer is not obligated to reimburse above the minimum stated at Sec. 655.173, as specified above. --------------------------------------------------------------------------- \3\ Maximum Per Diem Reimbursement Rates for the Continental United States (CONUS), 82 FR 39786 (August 22, 2017); see also https://www.gsa.gov/mie. --------------------------------------------------------------------------- If transportation and lodging are not provided by the employer, the amount an employer must pay for transportation and, where required, lodging, must be no less than (and is not required to be more than) the most economical and reasonable costs. The employer is responsible for those costs necessary for the worker to travel to the worksite if the worker completes 50 percent of the work contract period, but is not responsible for unauthorized detours. The employer also is responsible for the costs of return transportation and subsistence, including lodging costs where necessary, as described above. This policy applies equally to instances where the worker is traveling within the U.S. to the employer's worksite. For further information on when the employer is responsible for lodging costs, please see the Department's H-2A Frequently Asked Questions on Travel and Daily Subsistence, which may be found on the OFLC website: https://www.foreignlaborcert.doleta.gov/. Rosemary Lahasky, Deputy Assistant Secretary, Employment and Training Administration. [FR Doc. 2018-05744 Filed 3-20-18; 8:45 am] BILLING CODE 4510-FP-P
![12410 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices
Authority: 44 U.S.C. 3506(c)(2)(A). labor certifications provide that: (1) the updated maximum allowable charge
Rosemary Lahasky, There are not sufficient U.S. workers under § 655.122(g) is $12.26 per day,
who are qualified and who will be and an employer is not permitted to
Deputy Assistant Secretary for Employment
and Training Administration, Labor. available to perform the labor or charge a worker more than $12.26 per
services involved in the petition; and (2) day unless the OFLC Certifying Officer
[FR Doc. 2018–05743 Filed 3–20–18; 8:45 am]
the employment of the foreign worker(s) approves a higher charge, as authorized
BILLING CODE 4510–FT–P
in such labor or services will not under § 655.173(b).
adversely affect the wages and working
Reimbursement for Travel-Related
DEPARTMENT OF LABOR conditions of workers in the U.S.
Subsistence
similarly employed. 20 CFR 655.1(a),
Employment and Training 655.100. Under the following conditions, H–2B
Administration and H–2A employers must pay the
Allowable Meal Charge reasonable travel and subsistence costs,
Labor Certification Process for the H–2A agricultural employers of including the costs of meals and
Temporary Employment of H–2A and workers in occupations other than range lodging, incurred by workers during
H–2B Foreign Workers in the United herding must offer and provide each travel to the worksite from the place
States: Annual Update to Allowable foreign worker and each worker in from which the worker has come to
Charges for Agricultural Workers’ corresponding employment three meals work for the employer and from the
Meals and for Travel Subsistence per day or provide the workers free and place of employment to the place from
Reimbursement, Including Lodging convenient cooking facilities.1 20 CFR which the worker departed to work for
655.122(g). Where the employer the employer, as well as any such costs
AGENCY: Employment and Training provides the meals, the job offer must incurred by the worker incident to
Administration, Department of Labor. state the charge, if any, to the worker for obtaining a visa authorizing entry to the
ACTION: Notice. such meals. Id. U.S. for the purpose of H–2A or H–2B
The Department establishes the employment. §§ 655.122(h)(1)–(2),
SUMMARY: The Employment and methodology for determining the 655.20(j)(1)(i)–(ii). An H–2A employer is
Training Administration (ETA) of the maximum amounts that H–2A responsible for providing (either paying
Department of Labor (Department or agricultural employers may charge in advance or reimbursing a worker) the
DOL) is issuing this Notice to announce foreign workers and workers in reasonable costs of daily travel-related
the annual update to the allowable corresponding employment for subsistence between the employer’s
charges that employers seeking H–2A providing them with three meals per worksite and the place from which the
workers in occupations other than range day during employment. § 655.173(a). worker has come to work for the
herding may charge their workers when This methodology allows for annual employer, if the worker completes 50
the employer provides three meals a day adjustments of the previous year’s percent of the work contract period, and
and the maximum travel subsistence maximum allowable charge based on must provide (or pay at the time of
meal reimbursement that a worker with updated Consumer Price Index for All departure) the worker’s return costs,
receipts may claim under the H–2A and Urban Consumers for Food (CPI–U for upon the worker completing the
H–2B programs. The Notice also
Food), not seasonally adjusted. Id. The contract or being dismissed without
includes a reminder regarding
maximum amount employers may cause. Similarly, an H–2B employer is
employers’ obligations with respect to
charge workers for providing meals is responsible for providing (either paying
overnight lodging costs as part of
adjusted annually by the 12-month in advance or reimbursing a worker) the
required subsistence.
percentage change in the CPI–U for reasonable costs of transportation and
DATES: The update is applicable starting daily subsistence between the
Food for the prior year (i.e., between
March 21, 2018. December of the year just concluded employer’s worksite and the place from
FOR FURTHER INFORMATION CONTACT: and December of the prior year). Id. The which the worker has come to work for
William W. Thompson, II, OFLC Certifying Officer may also permit the employer, if the worker completes
Administrator, Office of Foreign Labor an employer to charge workers a higher 50 percent of the work contract period,
Certification (OFLC), Box #12–200, amount for providing them with three and upon the worker completing the
Employment and Training meals a day, if the higher amount is contract or being dismissed early, return
Administration, U.S. Department of justified and sufficiently documented by costs.
Labor, 200 Constitution Avenue NW, the employer, as set forth in The minimum daily travel subsistence
Washington, DC 20210. Telephone § 655.173(b). expense for meals, for which a worker
number: 202–513–7350 (this is not a The percentage change in the CPI–U is entitled to reimbursement, must be at
toll-free number). Individuals with for Food between December 2016 and least as much as the employer would
hearing or speech impairments may December 2017 was 1.6 percent.2 Thus, charge for providing the worker with
access the telephone number above via the annual update to the H–2A three meals per day during employment
TTY by calling the toll-free Federal allowable meal charge is calculated by (if applicable). In no circumstances may
Information Relay Service at 1–877– multiplying the current allowable meal the employer reimburse workers less
889–5627. charge by the 12-month percentage than the amount permitted under
SUPPLEMENTARY INFORMATION: The U.S. change in the CPI–U for Food between § 655.173(a), i.e., the current year’s daily
Citizenship and Immigration Services December 2016 and December 2017 meal charge amount of $12.26. The
(USCIS) of the Department of Homeland ($12.07 × 1.016 = $12.26). Accordingly, maximum amount an employer is
sradovich on DSK3GMQ082PROD with NOTICES
Security will not approve an employer’s required to reimburse workers for daily
petition for the admission of H–2A or 1 H–2A employers must provide workers engaged travel-related subsistence, as evidenced
H–2B nonimmigrant temporary workers in herding or the production of livestock on the with receipts, is equal to the standard
in the U.S. unless the petitioner has range meals or food to prepare meals without minimum Continental United States
charge or deposit charge. 20 CFR 655.210(e).
received from DOL an H–2A or H–2B 2 Consumer Price Index—December 2017, (CONUS) per diem rate, as established
labor certification. See 8 CFR 214.2(h)(5) published January 12, 2018 at https://www.bls.gov/ by the General Services Administration
and (h)(6). Both the H–2A and H–2B news.release/cpi.nr0.htm. (GSA) at 41 CFR part 301, formerly
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![Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices 12411
published in Appendix A, and now SUMMARY: Pursuant to the Federal Task Force Meeting’’ no later than
found at https://www.gsa.gov/perdiem. Advisory Committee Act (FACA) and its Tuesday, April 3, 2018.
The CONUS minimum meals implementing regulations, notice is The tentative agenda for this meeting
component remains $51.00 per day for hereby given to announce the fourth includes the following:
2018.3 Workers who qualify for travel public meeting of the Task Force on • Updates Since March 2018 Meeting
reimbursement are entitled to Apprenticeship Expansion on Tuesday, • Updates from the Subcommittees
reimbursement for meals up to the April 10, 2018. The Task Force is a • Next Meeting and Next Steps
CONUS meal rate when they provide FACA committee established by Also in the interest of increasing
receipts. In determining the appropriate Presidential Executive Order that is public participation, any member of the
amount of reimbursement for meals for charged with identifying strategies and public who wishes to provide a written
less than a full day, the employer may proposals to promote and expand statement should send it via electronic
limit the meal expense reimbursement, apprenticeships, especially in sectors mail to Apprenticeshiptaskforce@
with receipts, to 75 percent of the where apprenticeship programs are dol.gov, subject line ‘‘Public Comment
maximum reimbursement for meals, or insufficient. The Task Force is solely April 2018 Task Force Meeting.’’ The
$38.25, based on the GSA per diem advisory in nature, and will consider agenda and meeting logistics may be
schedule. If a worker does not provide reports, comments, research, evidence, updated between the time of this
receipts, the employer is not obligated and existing practices as appropriate to publication and the scheduled date of
to reimburse above the minimum stated develop recommendations for inclusion the Task Force meeting. All meeting
at § 655.173, as specified above. in its final report to the President. To updates will be posted to the Task Force
If transportation and lodging are not achieve its mission, the Task Force will website: https://www.dol.gov/
provided by the employer, the amount convene one additional in-person apprenticeship/task-force.htm.
an employer must pay for transportation meeting on Thursday, May 10, 2018.
Rosemary Lahasky,
and, where required, lodging, must be DATES: The meeting will begin at Deputy Assistant Secretary for the
no less than (and is not required to be approximately 1:00 p.m. Eastern Employment and Training Administration.
more than) the most economical and Daylight Time on Tuesday, April 10, [FR Doc. 2018–05698 Filed 3–20–18; 8:45 am]
reasonable costs. The employer is 2018, and adjourn at approximately 3:00
BILLING CODE 4510–FR–P
responsible for those costs necessary for p.m. Eastern Daylight Time.
the worker to travel to the worksite if ADDRESSES: The meeting will convene
the worker completes 50 percent of the virtually. Any updates to the agenda DEPARTMENT OF LABOR
work contract period, but is not and meeting logistics will be posted on
responsible for unauthorized detours. the Task Force homepage at: https:// Office of the Secretary
The employer also is responsible for the www.dol.gov/apprenticeship/task-
costs of return transportation and force.htm. Bureau of International Labor Affairs;
subsistence, including lodging costs Office of Trade and Labor Affairs;
where necessary, as described above. FOR FURTHER INFORMATION CONTACT: Ms. North American Agreement on Labor
This policy applies equally to instances Laurie Rowe, Senior Policy Advisor to Cooperation; Notice of Extension of
where the worker is traveling within the the Secretary, U.S. Department of Labor, the Period for Acceptance for
U.S. to the employer’s worksite. 200 Constitution Avenue NW, Submission #2018–01 (Mexico)
For further information on when the Washington, DC 20210, Telephone:
(202) 693–2772 (this is not a toll-free AGENCY: Bureau of International Labor
employer is responsible for lodging
number). Affairs, U.S. Department of Labor.
costs, please see the Department’s H–2A
ACTION: Notice.
Frequently Asked Questions on Travel SUPPLEMENTARY INFORMATION:
and Daily Subsistence, which may be SUMMARY: The Office of Trade and Labor
found on the OFLC website: https:// I. Virtual Meeting Log-In Instructions
Affairs (OTLA) in the Bureau of
www.foreignlaborcert.doleta.gov/. In order to promote openness and International Labor Affairs of the U.S.
Rosemary Lahasky,
increase public participation, webinar Department of Labor has determined
and audio conference technology will be that an extension of time is required for
Deputy Assistant Secretary, Employment and
Training Administration.
used throughout the meeting. Webinar its decision on whether to accept
and audio instructions will be sent to all Submission #2018–01 for review
[FR Doc. 2018–05744 Filed 3–20–18; 8:45 am]
public registrants. Public Registration concerning Mexico (the Submission)
BILLING CODE 4510–FP–P
information will be prominently posted filed under Article 16.3 of the North
on the Task Force homepage at: https:// American Agreement on Labor
www.dol.gov/apprenticeship/task- Cooperation (NAALC).
DEPARTMENT OF LABOR
force.htm. On January 25, 2018, OTLA received
Employment and Training Notice of Intent to Attend the Meeting the Submission from the American
Administration and Submission of a Written Statement: Federation of Labor and Congress of
Interested members of the public must Industrial Organizations (AFL–CIO) and
Notice of a Virtual Meeting of the Task register for the Task Force meeting by Mexico’s National Workers Union. It
Force on Apprenticeship Expansion Friday, April 6, 2018, via the public alleges that the introduction of reforms
registration website using the following to the Federal Labor Law of Mexico
AGENCY: Employment and Training link: https://www.apprenticeship
sradovich on DSK3GMQ082PROD with NOTICES
would violate Mexico’s obligations
Administration (ETA), Labor. taskforce.com/reg/. Additionally, under the NAALC.
ACTION: Notice. individuals with special needs and/or In accordance with its published
disabilities that will require special Procedural Guidelines (71 FR 76694
3 Maximum Per Diem Reimbursement Rates for
accommodations should send an email (2006)), OTLA has 60 days, unless
the Continental United States (CONUS), 82 FR
to Apprenticeshiptaskforce@dol.gov circumstances as determined by OTLA
39786 (August 22, 2017); see also https:// with the subject line ‘‘Special require an extension of time, to
www.gsa.gov/mie. Accommodations for the April 2018 determine whether to accept a
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Document Created: 2018-03-21 00:46:00
Document Modified: 2018-03-21 00:46:00
| 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 | The update is applicable starting March 21, 2018. | |
| Contact | William W. Thompson, II, Administrator, Office of Foreign Labor Certification (OFLC), Box #12- 200, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210. Telephone number: 202-513-7350 (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 1-877-889- 5627. | |
| FR Citation | 83 FR 12410 |
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