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    Subject Term: "Nonagricultural guestworker visas"

    1 publication with a total of 3 open recommendations
    Director: Andrew Sherrill
    Phone: (202) 512-7215

    3 open recommendations
    Recommendation: To help protect workers from being hired by employers who have been debarred from program participation, the Secretary of Labor should direct the Assistant Secretary, Employment and Training Administration, to use all employer-related information it collects on debarred employers to screen new applications.

    Agency: Department of Labor
    Status: Open

    Comments: In June 2016, the agency noted that it continues to screen for debarred employers in two ways: 1) by adding debarred employers to its iCERT System, which matches incoming employer applications using the federal Employer Identification Number; and 2) by conducting additional reviews during analyst case adjudications using a more expansive set of employer-related information. While the Employment and Training Administration explored enhancing its iCERT system in 2015 to flag more information on debarred employers, the agency said this enhancement was not pursued due to technical difficulties in matching open text fields (e.g., physical employer addresses). In January 2017, DOL signed a data sharing memorandum of agreement with the Department of Homeland Security. DOL officials said this MOA will allow DOL access to DHS data, including information from the DHS system that collects information on all employers, and that DOL will be able to use this information to better screen labor condition applications. Once the agreement has been in place for several months, we plan to evaluate DOL's use of this new information and its impact on screening new employer applications for debarred employers.
    Recommendation: To ensure that H-2B workers are adequately protected and that DOL's investigative resources are appropriately focused, the Secretary of Labor should direct the Administrator, Wage and Hour Division, to review its enforcement efforts and conduct a national investigations-based evaluation of H-2B employers.

    Agency: Department of Labor
    Status: Open

    Comments: In June 2016, DOL's Wage and Hour Division (WHD) indicated that it is coordinating closely with the department's Chief Evaluation Office on evaluations and special projects involving data analytics. As a result of that coordination, it is shifting away from large-scale compliance surveys and toward leveraging internal enforcement data and external survey data to assess compliance levels in priority industries. In June 2017, WHD indicated it did not believe an investigation-based evaluation of H-2B employers was appropriate given budget and litigation complications related to the H-2B regulations. WHD said it would consider moving forward once the regulations stabilize. In the meantime, WHD said it has taken several steps to improve H-2B enforcement. For example, in 2016, it held an advanced training for managers and field staff who handle H-2B investigations. In addition, it issued a memorandum that provided guidance under the 2015 Interim Final Rule on the appropriate enforcement action to take on the findings of H-2B investigations. WHD also indicated it has been sharing data with the Office of Foreign Labor Certification to identify employers with H-2B workers.
    Recommendation: To determine to what extent, if any, the 2-year statute of limitations on debarment limits its use as a remedy for employers who violate program requirements: (1) the Secretary of Labor should direct the Assistant Secretary, Employment and Training Administration, and the Administrator, Wage and Hour Division, to collect data on the nature of the cases where debarment would have been recommended but was not because the 2-year statute of limitations had expired, and based on that data determine whether to pursue a legislative proposal to extend the statute of limitations; and (2) the Department of Labor Inspector General should direct the Assistant Inspector General, Office of Labor Racketeering and Fraud Investigations to provide the Assistant Secretary, Employment and Training Administration, and the Administrator, Wage and Hour Division, data on the number of referrals for debarment that the Inspector General's Office sent to the department after the 2-year statute of limitations had expired.

    Agency: Department of Labor
    Status: Open

    Comments: In June 2016, DOL indicated that it was considering the utility of collecting these data in light of the fact that the new H-2B regulations that were issued in April 2015 eliminated the 2-year statute of limitations for the H-2B program. We continue to believe, however, that this data collection would be valuable given that the H-2A program is still subject to the 2-year statute of limitations. The department indicated it was undertaking a modernization of its data systems--by implementing a data governance structure that would manage its data as a business asset--and our recommendation for the collection of these data would be vetted through this process. In June 2017, however, DOL indicated that WHD had concluded that business process improvements, rather than software changes, were more appropriate to ensure timely analysis of potential debarments. As it makes business process improvements, DOL indicated it would continue to evaluate whether data collection meets program needs.