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DOL/ETA RIN: 1205-AB24 Publication ID: Spring 2002 
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. The Department published a Notice of Proposed Rulemaking (NPRM) at 65 FR 43545 (July 13, 2000). Because of the continuing interest in the proposal, the Department published at 65 FR 50170 (August 17, 2000) a proposed rule reopening and extending the comment period on the July 13, 2000, NPRM. 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. 
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   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  07/13/2000  65 FR 43545   
NPRM Comment Period Reopened and Extended  09/18/2000  65 FR 50170   
NPRM Comment Period Reopened and Extended to 10/29/2001  09/27/2001  66 FR 49328   
Final Action  09/00/2002    
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