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DOL/ETA RIN: 1205-AB69 Publication ID: Spring 2015 
Title: Wage Methodology for the Temporary Nonagricultural Employment H-2B Program, Part 2 
Abstract:

In an interim final rule (IFR) published in April, 2013, the Department of Homeland Security (DHS) and Department of Labor (DOL) amended their regulations governing 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 employment certification of nonimmigrant workers in temporary or seasonal non-agricultural employment. That prevailing wage is then used by employers in petitioning the DHS to allow nonimmigrant workers to enter the U.S. in H-2B status. DOL and DHS jointly issued this rule in response to the court's order in Comite de Apoyo a los Trabajadores Agricolas v. Solis, which vacated a primary provision of DOL's prevailing wage rate regulation, and to ensure that the rule is in effect nationwide in light of other outstanding litigation. The IFR requested comments from the public on a variety of regulatory and policy issues, and the final rule considers the public's input and make revisions to the regulations as warranted.

 
Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 20 CFR 655    8 CFR 214   
Legal Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(b)    8 U.S.C. 1184(c)   
Legal Deadline:
Action Source Description Date
Other  Judicial  Judicial order  03/21/2013 
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  04/29/2015  80 FR 24145   
Final Rule Effective  04/29/2015 
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:
Lauren Bernstein
Acting Manager, Division of Policy
Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification, 200 Constitution Avenue NW., Room C-4312, FP Building,
Washington, DC 20210
Phone:202 693-3010
Email: bernstein.lauren@dol.gov