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DOL/ETA

RIN: 1205-AB30

Publication ID: Fall 2002

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
Abstract: The Department of Labor (DOL or Department) is withdrawing the final rule published at 65 FR 45358 (July 13, 2000) pertaining to the delegation of authority from the Immigration and Naturalization Service (INS) to DOL to adjudicate petitions for the temporary employment of nonimmigrant aliens in agriculture in the United States. Commenters raised a number of issues, and consequently, the Department at 66 FR 49275 (September 27, 2001) again reopened and extended the comment period on the July 13, 2000 NPRM. The Department also held two informal briefings on November 8, 2001 and November 16, 2001, (see 66 FR 49329, September 27, 2001) to give agricultural employers and workers, their representatives and other interested parties an opportunity to communicate their views directly to the Department regarding the proposal to delegate authority from INS to DOL to adjudicate petitions for the temporary employment of nonimmigrant aliens in the proposed transfer of authority between the two agencies. DOL reviewed the concerns of the agricultural employers and workers, and determined that the concerns expressed by both groups have merit. The Department has concluded that it is in the best interest of agricultural employers and workers to withdraw the final rule from the CFR. Concurrently, the INS is also withdrawing its final rule at 65 FR 43528 (July 13, 2000) which would have transferred authority from INS to the Department to adjudicate petitions for the temporary employment of nonimmigrant workers and the authority to make determinations for revocation of petition approvals.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
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 CFR 103.1(f)(iii)(w) 8 CFR 214.2(h)(5) 8 CFR 214.2(h)(11) 8 CFR 214.2(h)(12) 8 USC 1101(a)(15)(H)(ii)(a) 8 USC 1184 8 USC 1188 29 USC 49 et seq 8 CFR 103.1

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
Withdrawn	09/24/2002
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