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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 | |
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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. |
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| 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:
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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. |
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Timetable:
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| 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; | |
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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 |
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