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ETA Unified Agenda - [Final Rule Stage] |
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RIN: 1205-AB55 |
Publication ID: Spring 2009 |
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Title: Modernizing the Labor Certification Process and Enforcement for Temporary Agricultural Employment of H-2A Aliens in the United States |
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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. |
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Agency: Department of Labor(DOL) |
Priority: Other Significant |
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RIN Status: Previously published in the Unified Agenda |
Agenda Stage of Rulemaking: Final Rule Stage |
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Major: No |
Unfunded Mandates: No |
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CFR Citation: 20 CFR 655 (To search for a specific CFR, visit the Code of Federal Regulations.) |
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Legal Authority: 8 USC 1101(a)(15)(H)(ii)(a); 8 USC 1188 |
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Legal Deadline:
None |
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Timetable:
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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. |
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Regulatory Flexibility Analysis Required: No |
Government Levels Affected: Federal, State |
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Small Entities Affected: Businesses |
Federalism: No |
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Included in the Regulatory Plan: No |
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RIN Data Printed in the FR: No |
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Agency Contact: |
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