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DOL/ETA | RIN: 1205-AB23 | Publication ID: Fall 1999 |
Title: ●Labor Certification and Petition Process for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the United States; Delegation of Authority to Adjudicate H-2A Petitions | |
Abstract: This rule amends the Employment and Training Administration (ETA) regulations to implement the delegation of authority to adjudicate petitions for temporary nonimmigrant agricultural workers (H-2A's) from the Department of Justice, Immigration and Naturalization Service (INS), to the United States Department of Labor (DOL). Among the implementation measures is a new form, Application for Temporary Agricultural Labor Certification and H-2A Petition. The rulemaking further implements the delegation of authority, from INS to DOL, to hear appeals on determinations and to revoke petition approvals. The rule does not affect INS authority to make determinations at port-of-entry of an alien's admissibility to the United States, to make determinations of an alien's eligibility for change of nonimmigrant status, or to make determinations of an alien's eligibility for extension of stay. This rule streamlines existing H-2A processes to make it more efficient for petitioners to seek the admission of temporary agricultural workers without diminishing the workplace rights of U.S. workers or foreign workers admitted under the program. | |
Agency: Department of Labor(DOL) | Priority: Other Significant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 8 CFR 655 | |
Legal Authority: 8 USC 1101(a)(15)(H)(ii)(a) 8 USC 1184 8 USC 1188 29 USC 49 et seq 8 CFR 103.1(f)(iii)(j) 8 CFR 103.1(f)(iii)(w) 8 CFR 214.2(h)(5) 8 CFR 214.2(h)(11) 8 CFR 214.2(h)(12) |
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 | |
Included in the Regulatory Plan: No | |
Agency Contact: James Norris Director, Division of Foreign Labor Certification Department of Labor Employment and Training Administration Room N4456, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone:202 219-5263 Fax:202 208-5844 Email: jnorris@doleta.gov |