H-2A Temporary Agricultural Labor Certification Program Updated Forms

OMB Approval: 1205-0046

Expiration Date: XX/XX/XXXX

Domestic Agricultural In-Season Wage Report

Form ETA-232 – General Instructions

U.S. Department of Labor

IMPORTANT: The Form ETA-232, Domestic Agricultural In-Season Wage Report, is used to provide information about surveys of U.S. worker wages that are provided by State Workforce Agencies to determine prevailing wages for use in the U.S. Department of Labor’s administration of the H-2A temporary agricultural labor certification program. Please read the instructions below carefully before completing the Form ETA-232. These instructions explain the questions on the Form ETA-232 and how you must answer these questions. ALL required items with an asterisk (*) must be completed as well as any fields/items where a response is conditioned on the response to another required field/item with a section symbol (§). Failure to fully and accurately complete the Form ETA-232 may result in rejection of the Form and attached survey.

Section A: State Workforce Agency Prevailing Wage Survey Point of Contact

1. Enter the first (given) name, middle name(s), and last (family) name of the State Workforce Agency (SWA) point of contact (POC).

2. Enter the job title of the SWA POC.

3. Enter the name of the State that the SWA serves.

4. Enter the area code and telephone number of the SWA POC. If applicable, include the extension of the telephone number.

5. Enter the business email address of the SWA POC, in the format [email protected] domain.

Section B: Survey Information and Results

1. Check the appropriate box to indicate if the SWA is submitting a revised survey it previously submitted that covers the same time period and crop or other agricultural activity.

2. Mark the “Yes” box to indicate the SWA has attached a copy of the wage survey. The SWA may submit a copy of the entire survey, or a copy of the portions of the survey necessary to show compliance with each of the methodological requirements at 20 CFR 655.120(c)(1).

3. Enter the name of the State agency, college, or university that conducted the survey. If the SWA conducted its own survey, enter the SWA’s business name.

a. Enter the name of the person at the SWA or other State agency, college, or university who conducted the survey. Enter the name in the format first (given) name, middle name(s), and last (family) name. If the SWA POC identified in item A.1 conducted the survey, enter “N/A.”

b. Enter the job title of the person who conducted the survey. If the SWA POC identified in item A.1 conducted the survey, enter “N/A.”

c. Enter the area code and telephone number of the person who conducted the survey. If applicable, include the extension of the telephone number. If the SWA POC identified in item A.1 conducted the survey, enter “N/A.”

d. Enter the email address of the POC at the State entity, in the format [email protected] domain. If the SWA POC identified in item A.1 conducted the survey, enter “N/A.”

4. Identify the geographic area surveyed by entering the name of the region, State, or sub-state area in which the SWA or other State entity conducted the survey. For example, indicate a survey of wages across a State by entering “statewide” and indicate a survey of a region by entering a specific region name, such as “Imperial Valley Region.”

5. Identify the crop activity or other agricultural activity performed by the U.S. workers whose wages are included in the survey. For example, enter “tomato harvesting” if the workers engage in tasks required to harvest tomatoes.

   1. Identify the distinct work task(s) performed by U.S. workers whose wages are included in the survey. For example, in harvesting tomatoes, some workers pick the tomatoes and place them in containers while others load the containers into trucks or other conveyances. Separate wage rates are usually paid for individual operations or combinations of operations. Each operation or job related to a specific activity for which the survey finds a separate wage rate or rates should be identified and listed in a separate Form ETA-232. If there are no distinct work tasks performed by U.S. workers whose wages are included in the survey, enter “N/A.”

6. Mark “Yes” if the survey complies with all required methodological requirements listed in Section C. Otherwise, mark “No” to indicate the SWA determined the survey did not generate a valid wage finding (i.e. the survey result is “no finding”).

a. If “Yes” is marked in item B.6, enter the prevailing wage rate for the crop activity or agricultural activity, as determined by the survey. The prevailing wage rate applicable to this item is the average wage of U.S. workers using the unit of pay used to compensate the largest number of U.S. workers whose wages are reported in the survey.

b. If “Yes” is marked in item B.6, indicate the unit of pay for the prevailing wage indicated in answer 6.a by marking the box for the applicable unit. For example, if the prevailing wage in answer 6.a is a monthly rate, mark the “month” box. If the unit of pay is per a piece rate, mark the “piece rate” box and indicate the piece rate unit (e.g., bushel, bin, etc.) on the line provided. Mark only one box.

Note: In some cases, a survey may reflect different units of pay, each one accounting for an equal number of workers, such that there could be more than one prevailing wage rate. In such cases, the preparer should indicate one of the rates in items B.6a and B.6b and the other(s), with explanation, in item B.7. If the survey satisfies all wage methodology requirements in Section C for the rates paid to these groups of workers, the preparer may choose which rate to enter in items B.6a and B.6b versus item B.7. However, if the survey satisfies all methodology requirements for only one rate, the preparer must enter that rate in items B.6a and B.6b and the other(s)—the rate(s) that did not meet all methodological requirements—in item B.7, with explanation.

7. In the space provided, note and explain any additional helpful or necessary information about the survey and prevailing wage determination. Examples include explanation for the increase/decrease from the prior prevailing wage and factors that will help the National Processing Center interpret the survey data.

Section C: Survey Data and Methodology

1. Mark the “Yes” box if the survey was independently conducted by the SWA or by another State entity, such as a State agency, university, or college. If the survey does not satisfy this methodological requirement, mark the “No” box.

2. Mark “Yes” if the survey covers work performed in a single crop activity or agricultural activity and, if applicable, a distinct work task or tasks performed in that crop activity or agricultural activity. If the survey does not satisfy this methodological requirement, mark the “No” box.

3. Mark “Yes” if the geographic area the survey covers is appropriate and was selected based on the following factors: available resources to conduct the survey, size of the agricultural population in the area, and differences in wage structures in the crop activity or agricultural activity within the State. If the survey does not satisfy this methodological requirement, mark the “No” box.

1. In the box provided, explain how the surveyor determined the appropriate geographic area to survey.

4. Mark the appropriate box to indicate whether the surveyor made a good faith effort to contact all employers in the area that employ U.S. workers in the crop activity or agricultural activity and distinct work task(s), if applicable, or conducted a randomized sample and contacted all such employers. If the estimated universe of employers (item C.4b) is less than five (5), the surveyor contacted all such employers. If the survey does not satisfy this methodological requirement, mark the “None of the above” box.

   1. In the box provided, identify the sources the surveyor used to determine (1) the estimated universe of employers in the area that employ U.S. workers in the surveyed crop activity or agricultural activity and distinct work task(s), if applicable, and (2) the estimated universe of U.S. workers employed in the surveyed crop activity or agricultural activity and distinct work task(s), if applicable.

   2. Enter the estimated number of employers that employ U.S. workers in the crop activity or agricultural activity and distinct work task(s), if applicable, in the area surveyed through the source(s) identified in item C.4a.

   3. Enter the estimated number of U.S. workers employed in the crop activity or agricultural activity and distinct work task(s), if applicable, in the area surveyed through the source(s) identified in item C.4a.

5. Unit of Pay: Mark “Yes” if the survey’s wage result (in items B.6a and B.6b) was reported using the unit of pay used to compensate the largest number of U.S. workers whose wages are reported in the survey. If the survey does not satisfy this methodological requirement, mark the “No” box.

Important Note: If a piece rate is used to determine the prevailing wage, the largest number of U.S. workers whose wages are included in the survey must be both paid by the piece and paid based on the same unit of measurement (e.g., bushel, bin, etc.).

1. If “Yes” in item C.5, identify the unit of pay used to compensate the largest number of workers in the crop activity or agricultural activity and distinct work task(s), if applicable, and geographic area surveyed. The unit in this box will be consistent with item B.6b and, if applicable, item B.7. If item C.5 is “No,” enter “N/A.”

1. Number of U.S. workers: Mark “Yes” if either of the following applies: (1) the survey includes the wages of at least 30 U.S. workers in the unit of pay in item C.5a, OR (2) if the estimated universe of U.S. workers in item C.4c is less than 30, the survey includes the wages of all such U.S. workers. If the survey does not satisfy this methodological requirement, mark the “No” box.

Important Note: The survey must include only wages of U.S. workers.

7. Number of Employers: Mark “Yes” if either of the following applies: (1) the survey wage data includes wages paid by at least five (5) employers in the unit of pay in item C.5a, OR (2) if the estimated universe of employers in item C.4b is less than five (5), the survey includes the wages of U.S. workers employed by all such employers. If the survey does not satisfy this methodological requirement, mark the “No” box.

8. 25 Percent Standard: Mark “Yes” if there are at least four (4) employers in the estimated universe (item C.4b) and the wages paid by a single employer represent no more than 25 percent of the survey wage data for the unit of pay in item C.5a. Mark “N/A” if the estimated universe of employers in item C.4b is less than four (4). If the survey does not satisfy this methodological requirement, mark the “No” box.

OMB Public Burden Statement

Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Public reporting burden for this collection of information is estimated to average 3.30 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate to the Office of Foreign Labor Certification, U.S. Department of Labor, Room N-5311, 200 Constitution Ave., NW, Washington, DC 20210. DO NOT send the completed application to this address.

Form ETA-232 GENERAL INSTRUCTIONS Page 2 of 2