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DOL/ETA RIN: 1205-AB36 Publication ID: Fall 2003 
Title: ●Post-Adjudication Audits of H-2B Petitions Other than Logging in the United States 
Abstract: Under the redesigned H-2B temporary nonagricultural program employers seeking to import H-2B workers, except for applications filed for employment on Guam or in logging, will file directly with the Department of Homeland Security (DHS). The employer will be required to conduct recruitment before filing its petition. The petition will include a number of attestations concerning labor market and related issues. DHS will administer the petition adjudication process. After adjudication, the Department of Labor (DOL) will audit selected approved petitions. In such audits, DOL will exclusively examine whether the employer has complied with those aspects of the approved petition related to the labor market and other related attestations. Employers will be expected to have documentation available supporting their attestations as specified in the regulation and will be required to provide this supporting documentation to DOL within 30 days from notice of audit. If, after completion of the audit, DOL determines that the employer has failed to comply with the terms of the attestations contained in the DHS petition or made material misrepresentations in its attestation, DOL will, after notice to the employer and opportunity for a hearing, recommend to DHS that the employer be debarred, for a period up to three years. 
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 214.2(h)(5)    20 CFR 655.1 to 655.4   
Legal Authority: 8 USC 1101(a)(15)(H)(ii)(b)    8 USC 1184    29 USC 49 et seq   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/00/2003    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Federalism: No 
Included in the Regulatory Plan: No 
Agency Contact:
Leticia Sierra
Acting Chief, Division of Foreign Labor Certification
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW., Room C4312, FP Building,
Washington, DC 20210
Phone:202 693-3010
Fax:202 693-2768
Email: sierra.leticia@dol.gov