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DOL/ETA

RIN: 1205-AB36

Publication ID: Fall 2005

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 use H-2B workers, except for applications filed for employment in Guam or in logging, will file directly with the Department of Homeland Security (DHS) instead of first filing an application for labor certification with the Department of Labor (DOL), as required under the current regulation. Under the regulations simultaneously proposed by DOL and 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 identified in the DOL regulation. DHS will administer the petition adjudication process. After adjudication, 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: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final 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	01/27/2005	70 FR 3993
NPRM Comment Period End	02/28/2005
NPRM Comment Period Reopened	03/09/2005	70 FR 11592
NPRM Comment Period Extended to April 8, 2005	03/09/2005	70 FR 11592
Final Action	07/00/2006

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