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DOL/ETA | RIN: 1205-AB61 | Publication ID: Spring 2013 |
Title: Wage Methodology for the Temporary Nonagricultural Employment H-2B Program | |
Abstract: The Immigration and Nationality Act, as amended, requires the Department of Homeland Security, before the approval of H-2B visa petitions to consult with other agencies. DHS' regulation at 8 CFR 214.2(h)(6) requires that an intending employer first apply for a temporary labor certification from the Department of Labor. Specifically, DOL certifies that there is not sufficient U.S. worker(s) able, available, willing and qualified at the time of an application for a visa, and that the employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. In order to ensure that there is no adverse effect, the Department requires employers to pay the prevailing wage to H-2B workers and U.S. workers hired in response to the required recruitment. The prevailing wage calculation methodology under the current H-2B regulation became the subject of litigation, and as a result, on January 19, 2011, DOL published a Final Rule (the Wage Rule) which established a new prevailing wage methodology for the H-2B labor certification program. The Wage Rule had an effective date of January 1, 2012, which was invalidated by the U.S. District Court for the Eastern District of Pennsylvania on June 15, 2011. The Department initially amended the effective date of the Wage Final Rule to September 30, 2011 but, due to a subsequent series of judicial and legislative actions, most recently amended the effective date of the Wage Final Rule to October 1, 2012. | |
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)(6) 20 CFR 655.10 | |
Legal Authority: 8 USC 1101(a)(15)(H)(ii)(B) 8 USC 1184(c) |
Legal Deadline:
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Overall Description of Deadline: The U.S. District Court in the Eastern District of Pennsylvania ordered the Department to promulgate a new rule on the calculation of the prevailing wage no later than January 18, 2011. On June 15, 2011, the court issued a subsequent ruling in the CATA litigation that invalidated the January 1, 2012, effective date and ordered the Department to announce a new effective date for the rule within 45 days from June 15, 2011. |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: State |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: No | |
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. | |
RIN Data Printed in the FR: 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 |