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DHS/USCIS | RIN: 1615-AC02 | Publication ID: Spring 2015 |
Title: Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program | |
Abstract:
In an interim final rule (IFR) published in April 2013, DHS and 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 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 will consider the public's input and make revisions to the regulations as warranted. |
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Agency: Department of Homeland Security(DHS) | Priority: Economically Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
Major: Yes | Unfunded Mandates: No |
CFR Citation: 8 CFR 214 20 CFR 655 | |
Legal Authority: 8 U.S.C. 1101 to 1103 8 U.S.C. 1182 8 U.S.C. 1184 8 U.S.C. 1186a 8 U.S.C. 1187 8 U.S.C. 1221 8 U.S.C. 1281 |
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 | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: No | |
Related RINs: Related to 1205-AB69 | Related Agencies: Joint: DOL/ETA; |
Agency Contact: Lori S. MacKenzie Division Chief, Operations Policy & Stakeholder Communications, Immigrant Investor Program Department of Homeland Security U.S. Citizenship and Immigration Services 131 M Street NE., Washington, DC 20529-2200 Phone:202 357-9214 Email: lori.s.mackenzie@uscis.dhs.gov |