Administrator, Office of Foreign Labor Certification

1205-AB89 201810 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 for Temporary Agricultural Employment in the United States (H-2A workers)

The United States Department of Labor’s (DOL) Employment and Training Administration and Wage and Hour Division are amending regulations regarding the H-2A non-immigrant visa program at 20 CFR part 655, subpart B. The Notice of Proposed Rulemaking (NPRM) will include necessary technical improvements to the existing H-2A regulations which will modernize and streamline the overall function of the program. The NPRM will also make necessary legal changes to modernize the regulation that have arisen since the current H-2A regulation was published in 2010.

]]> Other Significant First Time Published in The Unified Agenda Proposed Rule Stage Undetermined Undetermined Deregulatory 20 CFR 655, subpart B 29 CFR 501 8 U.S.C. 1188 Yes

DOL has identified necessary areas of the regulation that should be modernized and streamlined so that the agency can more effectively carry out its mandate to protect the wages and working conditions of U.S. workers while also allowing the program to operate efficiently. DOL has also identified legal issues with the current regulation that must be addressed.

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ETA is undertaking this rulemaking pursuant to its authority under section 218 of the Immigration and Nationality Act. In addition, courts have issued decisions since the publication of the current regulation that have presented legal issues with the regulation that must be addressed.

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Alternatives will be provided and open to public comment in the NPRM.

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The estimates of the costs and benefits are still under development.

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This action does not affect the public health, safety, or the environment.

]]> NPRM 12/00/2018 Undetermined Businesses Undetermined Undetermined Undetermined No No William Thompson, II W. Administrator, Office of Foreign Labor Certification 1205 Employment and Training Administration ETA 202 513-7350 200 Constitution Avenue NW., Box # 12-200, Washington DC 20210