View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
DOL/ETA RIN: 1205-AB30 Publication ID: Fall 2001 
Title: ●Labor Certification and Petition Process for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the U.S.: Delegation of Authority to Adjudication Petitions; Deferral of Effective Date 
Abstract: The Department of Labor (DOL or Department) published a final rule in this rulemaking in the Federal Register at 65 FR 43538 (July 13, 2000), with an effective date of November 13, 2000, implementing a delegation of authority from the INS to the Department of adjudicate petitions for the temporary employment of nonimmigrant aliens in agriculture in the United States. Concurrently, the INS published a final rule at 65 FR 43528 (July 13, 2000) with an effective date of November 13, 2000, transferring to the Secretary of Labor the authority to adjudicate petitions for temporary agricultural workers and the authority to decide appeals on these decisions and to make determinations for revocation of petition approvals. Subsequently, the INS at 65 FR 67616 (November 13, 2000) published a final rule and DOL at 65 FR 67628 (November 13, 2000) published an interim final rule (IFR) deferring the effective dates of their final rules. The Department in its IFR invited comments on the deferral of the effective date. No comments were received by DOL on the deferral of the effective date. The Department also reopened and extended the comment period at 65 FR 50170 (August 17, 2000) on a companion notice of proposed rulemaking (NPRM) published at 65 FR 43545 (July 13, 2000) setting forth implementation measures necessary to the successful implementation of the delegation of authority to adjudicate petitions. The comments received as a result of this reopening and extension of the comment period did not provide sufficient information to permit the Department to draft a final rule concerning a number of issues raised by commenters. Consequently, the Department intends to publish a proposed rule to again reopen and extend the comment period on the July 13, 2000, NPRM. Finalizing the proposed rule is essential to the effective implementation of any delegation of authority to DOL to adjudicate petitions for temporary employment of nonimmigrant aliens in the United States. Therefore, the Department has determined to defer the effective date of the July 13, 2000, final rule for 1 year, which should be sufficient time to complete the rulemaking on the companion NPRM. 
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: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 20 CFR 655, subpart B     (To search for a specific CFR, visit the Code of Federal Regulations.)
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  09/27/2001  66 FR 49275   
Interim Final Rule Comment Period End  10/29/2001    
Interim Final Rule Effective  09/27/2002    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Agency Contact:
Dale Ziegler
Certification
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW., Room C4318, FP Building,
Washington, DC 20210
Phone:202 693-2942
Fax:202 693-2760
Email: dmziegler@doleta.gov