Form AL156 "Referrals/Applicants to H-2a Job Orders: Interview Form" - New York

What Is Form AL156?

This is a legal form that was released by the New York State Department of Labor - a government authority operating within New York. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on February 1, 2020;
  • The latest edition provided by the New York State Department of Labor;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Form AL156 by clicking the link below or browse more documents and templates provided by the New York State Department of Labor.

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Division of Immigrant Policies and Affairs
Agriculture Labor Program
(877) 466-9757
dipa@labor.ny.gov
www.labor.ny.gov
Referrals/Applicants to H-2A Job Orders:
Instructions
The attached forms are tools to help H-2A employers comply with the federally required
recruitment of domestic workers to H-2A job orders. The New York State Department of Labor
has created these forms as a service to agricultural employers. Agricultural employers are not
required to use these forms. If you choose to use any of the included forms, keep copies with
your recruitment report for three years.
Important reminder: You may not make it a requirement that a domestic referral or applicant
to your H-2A job order complete a job application or submit a resume unless the same
requirement is made of the H-2A worker(s) and appears on the ETA 790. It is unlawful to require
anything of a domestic worker that is not also required of an H-2A worker and is clearly stated in
the job order.
Recruitment Report (20 CFR 655.156)
You may receive referrals of U.S. workers for consideration from the State Workforce Agency as
well as “self-referrals” of applicants who find out about your job opportunity through other
recruitment sources. You must continue to maintain and update your recruitment report through
50 percent of the work contract period. This is because that is how long your job order will be
open with the State Workforce Agency and on the national H-2A Public Job Registry. You do
not need to submit this “final” recruitment report to the Chicago National Processing Center, but
you must keep the report on file in case of an audit or other request by the U.S. Department of
Labor. Your job order expiration date can be found in box 3 of the ETA 790. After that date, you
are no longer required to hire qualified domestic referrals on your H-2A job order.
Your recruitment report should contain the following:
1. The name of each recruitment source (i.e. Department of Labor, website, etc.);
2. The name and contact information for each U.S. worker who applied or was referred to
your job opportunity;
3. If applicable, for each U.S. worker who applied for the position but was not hired, explain
the lawful job-related reason(s) for not hiring the U.S. worker; and
4. A statement confirming whether former U.S. workers were contacted yet and, if so, by
what means.
Document Retention Requirements (20 CFR 655.167(c)(1-3))
You must keep recruitment records and documents for three years from the date of certification
of the Application for Temporary Employment Certification or from the date of termination if the
Application for Temporary Employment Certification is denied. This includes the following
recruitment-related documents and records:
1. Proof of recruitment efforts, including:
a. Job order placement;
b. Advertising;
c. Contact with former U.S. workers; and
d. Additional positive recruitment efforts.
AL 156 (02/20)
1 Instructions
Division of Immigrant Policies and Affairs
Agriculture Labor Program
(877) 466-9757
dipa@labor.ny.gov
www.labor.ny.gov
Referrals/Applicants to H-2A Job Orders:
Instructions
The attached forms are tools to help H-2A employers comply with the federally required
recruitment of domestic workers to H-2A job orders. The New York State Department of Labor
has created these forms as a service to agricultural employers. Agricultural employers are not
required to use these forms. If you choose to use any of the included forms, keep copies with
your recruitment report for three years.
Important reminder: You may not make it a requirement that a domestic referral or applicant
to your H-2A job order complete a job application or submit a resume unless the same
requirement is made of the H-2A worker(s) and appears on the ETA 790. It is unlawful to require
anything of a domestic worker that is not also required of an H-2A worker and is clearly stated in
the job order.
Recruitment Report (20 CFR 655.156)
You may receive referrals of U.S. workers for consideration from the State Workforce Agency as
well as “self-referrals” of applicants who find out about your job opportunity through other
recruitment sources. You must continue to maintain and update your recruitment report through
50 percent of the work contract period. This is because that is how long your job order will be
open with the State Workforce Agency and on the national H-2A Public Job Registry. You do
not need to submit this “final” recruitment report to the Chicago National Processing Center, but
you must keep the report on file in case of an audit or other request by the U.S. Department of
Labor. Your job order expiration date can be found in box 3 of the ETA 790. After that date, you
are no longer required to hire qualified domestic referrals on your H-2A job order.
Your recruitment report should contain the following:
1. The name of each recruitment source (i.e. Department of Labor, website, etc.);
2. The name and contact information for each U.S. worker who applied or was referred to
your job opportunity;
3. If applicable, for each U.S. worker who applied for the position but was not hired, explain
the lawful job-related reason(s) for not hiring the U.S. worker; and
4. A statement confirming whether former U.S. workers were contacted yet and, if so, by
what means.
Document Retention Requirements (20 CFR 655.167(c)(1-3))
You must keep recruitment records and documents for three years from the date of certification
of the Application for Temporary Employment Certification or from the date of termination if the
Application for Temporary Employment Certification is denied. This includes the following
recruitment-related documents and records:
1. Proof of recruitment efforts, including:
a. Job order placement;
b. Advertising;
c. Contact with former U.S. workers; and
d. Additional positive recruitment efforts.
AL 156 (02/20)
1 Instructions
2. The final recruitment report.
Note: Per the above-referenced federal regulations, the three-year document retention
requirement is a federal H-2A requirement that is specific only to recruitment records and
documents. Employers would not be required to retain such records under New York State labor
law.
Interview Form
This is a tool to help you determine if a domestic referral or applicant to your H-2A job order
meets the minimum job requirements stated in the job order and should be hired for the
position. The form is designed so that the interviewer can read directly from it while conducting
an interview in-person or over the phone. Please remember that it is unlawful for employers to
discriminate against employees and applicants for employment on the bases of age, race, color,
religion, national origin, gender, sexual orientation, disability, marital status, military status,
domestic violence victim status, arrest record, conviction record, predisposing genetic
characteristics, and (in housing only) familial status.
Tips for completing the form:
1. This is a general form for all H-2A employers and not all questions may be applicable to
your job order.
2. The italicized print is an instruction, or prompt, for the interviewer and should not be read
to the person being interviewed.
3. Under “type of agricultural experience” you should list the specific crops, crop activity,
hand tools, and equipment that are included in the job description of your job order.
4. If noted as a requirement on the ETA 790 job order, you may contact the applicant’s
previous employer(s) to verify his/her agricultural experience and document the results.
The attached Agricultural Experience Verification Form may be used as a guide and for
documentation and recordkeeping purposes.
5. At the end of the interview you should inform the applicant that you will contact him/her
within a few days with the results of the interview.
6. If the applicant meets the requirements of the job but is not hired for the position, the
reason for not hiring should be documented under “other (specify)” on the second page
of the form. You should also include a detailed explanation in the “notes” for not hiring
the applicant.
7. If you offer the job to an applicant and something occurs between the time of the
interview and actual hiring which prevents the hiring from taking place, it can be
documented under “notes.” An example of this would be if an applicant failed to meet
you at the farm to complete hiring paperwork after you offered him/her the job over the
phone (Note: You cannot expect workers from another state or Puerto Rico to arrive too
many days before contract start date).
8. The “notes” section is for you to document any comments or additional topics discussed
during or after the interview.
AL 156 (02/20)
2 Instructions
Division of Immigrant Policies and Affairs
Agriculture Labor Program
(877) 466-9757
dipa@labor.ny.gov
www.labor.ny.gov
Referrals/Applicants to H-2A Job Orders:
Interview Form
The New York State Department of Labor has created this form as a service to help agricultural
employers properly document interviews of domestic referrals or applicants to H-2A job orders.
Agricultural employers are not required to use this form.
Farm name:
Name and title of interviewer:
Name of applicant:
Applicant’s phone number:
Date of interview:
The following are questions you can ask the applicant to determine if he/she meets the
minimum requirements of the job order. You should ask if the applicant has reviewed the job
order and have a copy of the ETA 790 at the interview.
Where did you hear about the job opening?
Have you reviewed a copy of the job order? Y / N
Requirements
Yes
No Not Applicable / Comments
Are you available to work the days and hours
specified in the job order?
Are you willing and able to work for the entire
contract period?
Are you willing and able to work in adverse weather
conditions for extended periods of time? Discuss the
details of the working conditions included in the job
order.
This position is physically demanding. Do you meet
the physical requirements of the position? Discuss
the specifics of the physical requirements included
in the job order.
AL 156.1 (02/20)
Agricultural Experience Requirement, if applicable:
Tell me how many months of experience you have in the following:
Type of agricultural experience (you should list specifics from your job order in
Months of
each of the sections below, i.e. tomatoes, pruning, weeding, etc.)
experience
Crops:
___ months
Crop activity:
___ months
Using hand tools:
___ months
Operating equipment:
___ months
What are the names and phone numbers of the employers where you gained the agricultural
experience? The attached Agricultural Experience Verification Form can be used as a guide
when contacting the applicant’s previous employer(s).
Other:
Discuss the terms and conditions included in the job order that were not covered in the above
questions (i.e. house/camp rules; certification/licensing requirement; transportation, etc.).
____________________________________________________________________________
The following should be completed by the interviewer once the interview is over.
Was this applicant hired for the position? Y / N
Did you contact the applicant’s previous employer(s)? Y / N
Date of contact: _____________________________
If not hired, what are the lawful job-related reasons for not hiring the applicant? Check all that
apply.
Applicant does not meet the following:
Physical requirement
Experience requirement
Unable to verify experience
Contract period
Work schedule
Certification/Licensing requirement
Other (specify):_____________________________
Did you inform the applicant if he/she was not hired? Y / N
Date of notification: _________________________
____________________________________________________________________________
Notes:
Note: It is unlawful for employers to discriminate against employees and applicants for employment on the bases
of age, race, color, religion, national origin, gender, sexual orientation, disability, marital status, military status,
domestic violence victim status, arrest record, conviction record, predisposing genetic characteristics, and familial
status (in housing only).
AL 156.1 (02/20)
2 Interview Form
Division of Immigrant Policies and Affairs
Agriculture Labor Program
(877) 466-9757
dipa@labor.ny.gov
www.labor.ny.gov
Referrals/Applicants to H-2A Job Orders:
Agricultural Experience Verification Form
The New York State Department of Labor has created this form as a service to help agricultural
employers properly document interviews of domestic referrals or applicants to H-2A job orders.
Agricultural employers are not required to use this form.
Name of applicant:
Name of applicant’s previous employer:
Previous employer’s phone number:
Date of contact:
The following are sample questions you may ask an applicant’s previous employer to verify the
applicant’s agricultural work experience.
1. Did
work at your place of business?
(Name of Applicant)
2. Can you tell me for how long he/she worked for you?
3. Did he/she complete the agreed upon period of employment?
4. What were his/her duties?
5. Did he/she meet your production standards? What were they?
AL 156.2 (02/20)