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DOL/ETA RIN: 1205-AB23 Publication ID: Spring 2000 
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: Previously 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
Timetable:
Action Date FR Cite
Interim Final Rule  04/00/2000    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: 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