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DOL/ETA

RIN: 1205-AB69

Publication ID: Spring 2013

Title: ●Wage Methodology for the Temporary Non-agricultural Employment H-2B Program, Part 2
Abstract: The Department of Homeland Security (DHS) and the Department of Labor (DOL) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This interim final rule revises how DOL provides the consultation that DHS has determined is necessary to adjudicate H-2B petitions by revising the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with the application for certification. That prevailing wage is then used in petitioning the DHS to employ nonimmigrant workers in H-2B status. DOL and DHS are jointly issuing this rule in response to the court's order in Comité de Apoyo a los Trabajadores Agricolas v. Solis, Civ. No. 09-cv-240, (E.D. Pa.) (March 21, 2013), which vacated portions of DOL's current prevailing wage rate regulation, and to ensure that there is no question that the rule is in effect nationwide in light of other outstanding litigation. This rule also contains certain revisions to DHS's H-2B rule to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classification, after consulting with DOL for its advice about matters with which DOL has expertise, particularly, in this case, questions about the methodology for setting the prevailing wage in the H-2B program.
Agency: Department of Labor(DOL)	Priority: Economically Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: Yes	Unfunded Mandates: No
CFR Citation: 20 CFR 655 8 CFR 214
Legal Authority: 8 USC 1101(a)(15)(H)(ii)(b) 8 USC 1184(c)

Legal Deadline:

Action	Source	Description	Date
Other	Judicial	Judicial order	04/22/2013

Timetable:

Action	Date	FR Cite
Interim Final Rule	04/24/2013	78 FR 24047
Interim Final Rule Effective	04/24/2013
Interim Final Rule Comment Period End	06/10/2013
Final Rule	To Be Determined

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: Businesses	Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No
Related RINs: Related to 1205-AB61	Related Agencies: Joint: DHS/USCIS;
Agency Contact: William L. Carlson Ph.D. 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