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DOL/ETA | RIN: 1205-AB24 | Publication ID: Spring 2001 |
Title: Labor Certification and Petition Process for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the United States; Modification of Fee Structure | |
Abstract: The Employment and Training Administration (ETA) of the Department of Labor (Department or DOL) proposes to amend its regulations relating to the temporary employment of nonimmigrant agricultural workers (H-2A workers) in the United States. The proposed amendments would require employers to submit fees for labor certification and the associated H-2A petitions with consolidated application form at the time of filing. The proposal also would modify the fee structure for labor certification. If the application is denied, both fees will be refunded to the employer. It is conceivable in rare instances that the statutory and regulatory standards for issuance of the certification will be met, but those applicable to the petition will not be met. In such occurrence, neither fee will be refunded because the certification fee is an issuance, while the petition fee is a processing fee. Concurrently with the publication of this proposed rule, the Department published an interim final rule with a request for comments setting forth the procedures and requirements for submission and processing of a consolidated Application for Temporary Agricultural Labor Certification and H-2A Petition (Form ETA 9079). | |
Agency: Department of Labor(DOL) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 8 CFR 655 | |
Legal Authority: 8 USC 1101(a)(15)(H)(ii)(a) 8 USC 1184 8 USC 1188 29 USC 49 et seq 8 CFR 103.1(f)(iii)(j) 8 CFR 103.1(f)(iii)(w) 8 CFR 214.2(h)(5) 8 CFR 214.2(h)(11) 8 CFR 214.2(h)(12) |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
Agency Contact: Dale Ziegler Certification Department of Labor Employment and Training Administration 200 Constitution Avenue NW., Room C4318, FP Building, Washington, DC 20210 Phone:202 693-2942 Fax:202 693-2760 Email: dmziegler@doleta.gov |