DIRECTIVE	:	OWS INFORMATION BULLETIN NO. 10-01
TO	:	ALL REGIONAL ADMINISTRATORS
FROM	:	GRACE A. KILBANE Administrator Office of Workforce Security
SUBJECT	:	H-2A Compliance Review Checklist

It has come to our attention that investigations conducted during FY 2000 by the Wage and Hour Division (WHD) of the Employment Standards Administration (ESA) resulted in finding that 48% of H-2A users were in violation of the H-2A provisions. Therefore, the Division of Foreign Labor Certification is taking a pro-active approach in communicating with H-2A program users by providing the enforcement criteria used by Wage and Hour Division. The H-2A compliance review form was developed by the Employment and Standards Administration, Wage and Hour Division to assist H-2A users in determining whether the requirements of the H-2A program are being met.

Effective August 1, 2001, this form should be included as a attachment to each final H-2A certification letter the RO sends to the employer. This will ensure an exchange of information between the end users of the H-2A program and the RO and improve H-2A program user's ability to comply with their contractual obligations.

This information may also be helpful to the Regions and States in presentations or in responding to increased inquiries about the program.

Questions may be addressed to Charlene Giles or Ben Orona at (202)693-2951.

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