1205-AB58 201110 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1205 Employment and Training Administration ETA 1200 Department of Labor DOL Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers) The Department published a Notice of Proposed Rulemaking (NPRM) on March 18, 2011. The public comment period closed on May 17, 2011. The Department of Homeland Security (DHS) regulations require employers to apply for a temporary labor certification from the Department of Labor before H-2B petitions may be approved. DOL certifies that there are not sufficient U.S. worker(s) who are capable of performing the temporary services or labor at the time of an application for a visa, and that the employment of the H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. This NPRM proposed to re-engineer the H-2B program in order to enhance transparency and strengthen program integrity and protections of both U.S. workers and H-2B workers. Other Significant Previously Published in The Unified Agenda Final Rule Stage No No 20 CFR 655 8 USC 1101(a)(15)(H)(ii)(B)) 8 USC 1184(c)(1) 8 CFR 214.2(h) Yes The Department has determined that a new rulemaking effort is necessary for the H-2B program. The policy underpinnings of the current regulation; e.g., streamlining the H-2B process to defer many determinations of program compliance until after an application has been adjudicated do not provide an adequate level of protection for either U.S. or foreign workers. The proposed rule seeks to enhance worker protections and increase the availability of job opportunities to qualified U.S. workers. The Department of Labor's authority to revise these regulations derives from 8 U.S.C. 1101(a)(15)(H)(ii)(B), 8 U.S.C. 1184(c)(1), and 8 CFR 214.2(h). The public was afforded an opportunity to provide comments on the proposed regulatory changes when the Department published the NPRM in the Federal Register. A final rule will be issued after analysis of, and response to, public comments. Preliminary estimates of the anticipated costs of this regulatory action have been provided in the NPRM. The Department of Labor sought information on potential additional or actual costs from employers and other interested parties through the NPRM in order to better assess the costs and benefits of the proposed provisions of the program. The proposed changes are thought to raise "novel legal or policy issues" but are not economically significant within the context of Executive Order 12866 and are not a "major rule" under section 804 for the Small Business Regulatory Enforcement Fairness Act. This action does not affect the public health, safety, or the environment. NPRM 03/18/2011 76 FR 15130 NPRM Comment Period End 05/17/2011 Final Rule 01/00/2012 No State No No No William Carlson L. Ph.D. 1205 Employment and Training Administration ETA 202 693-3010 carlson.william@dol.gov Room C-4312, FP Building, 200 Constitution Avenue NW., Washington DC 20210