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DOL/ETA | RIN: 1205-AB69 | Publication ID: Fall 2014 |
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 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 Labor(DOL) | Priority: Economically Significant |
RIN Status: Previously 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:
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: No | |
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 |