ETA Unified Agenda - [Final Rule Stage]

RIN: 1205-AB55

Publication ID: Spring 2009 

Title: Modernizing the Labor Certification Process and Enforcement for Temporary Agricultural Employment of H-2A Aliens in the United States 

Abstract: The Department of Labor proposes to suspend for nine months the H-2A regulations published on December 18, 2008, which became effective on January 17, 2009, that amended the rules governing the certification for temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of contractual obligations applicable to employers of such nonimmigrant workers. A suspension would provide the Department with an opportunity to review and reconsider the new requirements in light of issues that have arisen since the publication of the H-2A Final Rule, while minimizing the disruption to the Department, State Workforce Agencies, employers, and workers. To avoid the regulatory vacuum that would result from a suspension, DOL proposes to reinstate on an interim basis the rules that were in place on January 16, 2009, the day before the revised rules became effective. 

Agency: Department of Labor(DOL) 

Priority: Other Significant 

RIN Status: Previously published in the Unified Agenda

Agenda Stage of Rulemaking: Final Rule Stage 

Major: No 

Unfunded Mandates: No 

CFR Citation: 20 CFR 655 (To search for a specific CFR, visit the Code of Federal Regulations.) 

Legal Authority: 8 USC 1101(a)(15)(H)(ii)(a); 8 USC 1188 

Legal Deadline:  None

Timetable:

Action	Date	FR Cite
NPRM	02/13/2008	73 FR 8538
NPRM Comment Period End	03/31/2008
NPRM Comment Period Extended	04/14/2008	73 FR 16243
Final Action	12/18/2008	73 FR 77110
Final Action Effective	01/17/2009
Notice of Proposed Suspension	03/17/2009	74 FR 11408
NPRM Comment Period End	03/27/2009
Final Action	05/00/2009

Additional Information: On April 16, 2009, the Department published an IFR to amend the December 18, 2008, H-2A Final Rule to extend the transition period of the application filing procedures currently in effect for all H-2A employers with a date of need on or before July 1, 2009. This includes all employers with a date of need on or before January 1, 2010, and is effective April 16, 2009.

Regulatory Flexibility Analysis Required: No 

Government Levels Affected: Federal, State 

Small Entities Affected: Businesses 

Federalism: No 

Included in the Regulatory Plan: No 

RIN Data Printed in the FR: No 

Agency Contact:
Dr. William Carlson
Administrator, Office of Foreign Labor Certification
Department of Labor
Employment and Training Administration
FP Building, Room C-4312, 200 Constitution Avenue NW.,
Washington, DC 20210
Phone:202 693-3010
Email: carlson.william@dol.gov