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DOL/ETA | RIN: 1205-AB36 | Publication ID: Spring 2007 |
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 3 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 |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: State |
Federalism: No | |
Included in the Regulatory Plan: No | |
Agency Contact: William L. Carlson Ph.D. Administrator, Office of Foreign Labor Certification Department of Labor Employment and Training Administration FP Building, Room C-4312, 200 Constitution Avenue NW., Washington, DC 20210 Phone:202 693-3010 Email: carlson.william@dol.gov |