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Secretary of Labor Hilda L. Solis
 

ETA Unified Agenda - [Proposed Rule Stage]

RIN: 1205-AB58

Publication ID: Fall 2009 

Title: ¤Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers) 

Abstract: The Immigration and Nationality Act of 1952, as amended, requires the Department of Homeland Security, prior to the admission of H-2B workers, to seek advice from the Department of Labor regarding the importation of such workers. Specifically, DOL certifies that there is not sufficient U.S. worker(s) able, available, willing and qualified at the time of an application for a visa, and that the employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. The Department currently administers such certification through an attestation-based program. As a result of the Department’s program experience, this regulation shall propose to re-engineer the H-2B program in order to satisfy the Secretary of Labor’s statutory responsibilities and to strengthen the program’s integrity and protections of U.S. workers. 

Agency: Department of Labor(DOL) 

Priority: Other Significant 

RIN Status: First time published in the Unified Agenda

Agenda Stage of Rulemaking: Proposed Rule Stage 

Major: Undetermined 

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)(B)); 8 USC 1184(e) 

Legal Deadline:  None

Timetable:
Action Date FR Cite

NPRM 

11/00/2010 

Regulatory Flexibility Analysis Required: No 

Government Levels Affected: State 

Federalism: No 

Included in the Regulatory Plan: No 

RIN Data Printed in the FR: No 

Agency Contact:
Dr. William L. 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