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January 2021, Volume 27, Number 1

DOL debars an average 15 H-2A employers a year

DOL may debar and block applications from employers who are seeking to hire foreign workers from one to three years for failure to pay the wages promised or to offer the housing and working conditions promised in their job orders for H-2A and H-2B workers. In the four years between FY15 and FY18, DOL received over 39,000 applications from employer for H-2A workers, and audited 3,100 or eight percent. DOL debarred 57 farm employers, about 15 a year, from applying for H-2A workers.

Exhibit 5: ETA H-2A & H-2B Audit & Debarment Data
  FY 2015 — FY 2018 Totals
H-2A H-2B
Applications Certified 39,375 27,425
Application Audits Completed 3,140 1,354
Application Audits Completed Divided by to the Number of Certified Applications (%) 8.0% 4.9%
Number of Debarment Cases 57 22
Number of Debarment Cases Divided by to the Number of Application Audits Completed (%) 1.8% 1.6%
Source: OIG analysis based on date ETA provided.

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