[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR655.93]

[Page 463-464]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 655--TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES--Table of Contents
 
   Subpart B--Labor Certification Process for Temporary Agricultural 
             Employment in the United States (H-2A Workers)
 
Sec. 655.93  Special circumstances.

    (a) Systematic process. The regulations under this subpart are 
designed to provide a systematic process for handling applications from 
the kinds of employers who have historically utilized nonimmigrant alien 
workers in agriculture, usually in relation to the production or 
harvesting of a particular agricultural crop for market, and which 
normally share such characteristics as:
    (1) A fixed-site farm, ranch, or similar establishment;
    (2) A need for workers to come to their establishment from other 
areas to perform services or labor in and around their establishment;
    (3) Labor needs which will normally be controlled by environmental 
conditions, particularly weather and sunshine; and
    (4) A reasonably regular workday or workweek.
    (b) Establishment of special procedures. In order to provide for a 
limited degree of flexibility in carrying out the Secretary's 
responsibilities under the INA, while not deviating from the statutory 
requirements to determine U.S. worker availability and make a 
determination as to adverse effect, the Director has the authority to 
establish special procedures for processing H-2A applications when 
employers can demonstrate upon written application to and consultation 
with the Director that special procedures are necessary. In a like 
manner, for work in occupations characterized by other than a reasonably 
regular workday or workweek, such as the range production of sheep or 
other livestock, the Director has the authority to establish monthly, 
weekly, or bi-weekly adverse effect wage rates for those occupations, 
for a Statewide or other geographical area, other than the rates 
established pursuant to Sec. 655.107 of this part, provided that the 
Director

[[Page 464]]

uses a methodology to establish such adverse effect wage rates which is 
consistent with the methodology in Sec. 655.107(a). Prior to making 
determinations under this paragraph (b), the Director may consult with 
employer representatives, appropriate RAs, and worker representatives.
    (c) Construction. This subpart shall be construed to permit the 
Director to continue and, where the Director deems appropriate, to 
revise the special procedures previously in effect for the handling of 
applications for sheepherders in the Western States (and to adapt such 
procedures to occupations in the range production of other livestock) 
and for custom combine crews.