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DHS/USCIS RIN: 1615-AC10 Publication ID: Fall 2016 
Title: ●Department of Homeland Security and Department of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments for the H-2B Temporary Non-agricultural Worker Program 
Abstract:

The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) jointly issued this interim final rule (IFR) to adjust the amounts of civil monetary penalties assessed or enforced in connection with the employment of temporary nonimmigrant workers under the H-2B program. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, requires agencies to adjust the levels of civil monetary penalties with an initial catch-up adjustment, followed by annual adjustments for inflation. The catch-up and subsequent annual adjustments are based on the Consumer Price Index for all Urban Consumers. The increased penalty levels as set forth in this IFR apply to all penalties assessed after the effective date, August 1, 2016, for associated violations that occurred after November 2, 2015.  Consistent with DOL's delegated authority under 8 U.S.C. 1184(c)(14), INA section 214(c)(14) and the Federal Civil Penalties Inflation Adjustment Act, DOL will make future adjustments to this civil monetary penalty.

 
Agency: Department of Homeland Security(DHS)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 29 CFR 503   
Legal Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(b)    8 U.S.C. 1184    8 CFR 214.2(h)    28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990)    Pub. L. 114-74 at sec. 701   
Legal Deadline:
Action Source Description Date
Final  Statutory    07/01/2016 

Overall Description of Deadline: Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the interim final rule must be published by July 1, 2016 and effective no later than August 1, 2016.

Timetable:
Action Date FR Cite
Interim Final Rule  07/01/2016  81 FR 42983   
Interim Final Rule Effective  08/01/2016 
Interim Final Rule Comment Period End  08/15/2016 
Additional Information: DHS RIN 1615-AC10 is related to DOL RIN 1235-AA15.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
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 Agencies: Joint: DOL; 
Agency Contact:
Liza H. Shah
Associate Counsel
Department of Homeland Security
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue, NW.,
Washington, DC 20529
Phone:202 272-1400
Fax:202 272-1405
Email: liza.h.shah@uscis.dhs.gov