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MWD-76-53 1 (1976-02-06)

handle is hein.gao/gaobaaanj0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 2054 'Nrr9 B-177486 FEB 6 1976 The Honorable James C. Cleveland House of Representatives Dear Mr. Cleveland: You expressed an interest in the results of our review, undertaken at the request of former Congressman Louis C. Wyman, on how the Department of Labor certified foreign workers for New Hampshire's 1974 apple harvest. We examined whether Labor certified foreign workers soon enough in 1974 and whether growers were required to accept unskilled domestic migrant crews, with serious adverse effects on the harvest. SCOPE OF REVIEW We reviewed Federal legislation pertaining to the admission of aliens for temporary agricultural work and ex- amined Labor's regulations, policies, and practices for administering the foreign worker certification program. We interviewed officials and reviewed certification procedures at the New Hampshire Department of Employment Security in Concord and at district offices in Concord, Dover, Keene, Laconia, Manchester, Nashua, and Portsmouth. We held dis- cussions with officials of the Employment and Training Ad- ministration in Washington, D.C., the New England Apple Council, and Labor's regional office in Boston, Massachu- setts. We also interviewed 15 New Hampshire orchard owners/ growers; 7 hired foreign workers, and 8 hired only domestic workers for the 1974 harvest. SUMMARY An employer's petition for foreign workers must be ac- companied by the Secretary of Labor's certification that qualified persons in the United States are not available and that all reasonable efforts have been made to attract and retain domestic workers. Labor's regulations require the employer's request for a certification to be in writing and to describe all efforts made to obtain domestic workers. Before certification, the State employment service must sub- mit a detailed report to Labor concerning labor availability and employer/State agency recruiting efforts. MWD-76-53

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