View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

DOL/ETA

RIN: 1205-AB24

Publication ID: Fall 1999

Title: ●Labor Certification and Petition Process for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the United States; Modification of Fee Structure
Abstract: The Employment and Training Administration (ETA) of the Department of Labor (Department or DOL) proposes to amend its regulations relating to the temporary employment of nonimmigrant agricultural workers (H-2A workers) in the United States. The proposed amendments would require employers to submit fees for labor certification and the associated H-2A petitions with consolidated application form at the time of filing. The proposal also would modify the fee structure for labor certification. If the application is denied, both fees will be refunded to the employer. It is conceivable in rare instances that the statutory and regulatory standards for issuance of the certification will be met, but those applicable to the petition will not be met. In such occurrence, neither fee will be refunded because the certification fee is an issuance, while the petition fee is a processing fee. Concurrently with the publication of this proposed rule, the Department is publishing an interim final rule with a request for comments setting forth the procedures and requirements for submission and processing of a consolidated Application for Temporary Agricultural Labor Certification and H-2A Petition (Form ETA 9079).
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed 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

Timetable:

Action	Date	FR Cite
NPRM	11/00/1999
NPRM Comment Period End	12/00/1999
Final Action	02/00/2000
Final Action Effective	03/00/2000

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