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DOL/ETA RIN: 1205-AB69 Publication ID: Spring 2013 
Title: ●Wage Methodology for the Temporary Non-agricultural Employment H-2B Program, Part 2 
Abstract: The Department of Homeland Security (DHS) and the Department of Labor (DOL) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This interim final rule revises how DOL provides the consultation that DHS has determined is necessary to adjudicate H-2B petitions by revising the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with the application for certification. That prevailing wage is then used in petitioning the DHS to employ nonimmigrant workers in H-2B status. DOL and DHS are jointly issuing this rule in response to the court's order in Comité de Apoyo a los Trabajadores Agricolas v. Solis, Civ. No. 09-cv-240, (E.D. Pa.) (March 21, 2013), which vacated portions of DOL's current prevailing wage rate regulation, and to ensure that there is no question that the rule is in effect nationwide in light of other outstanding litigation. This rule also contains certain revisions to DHS's H-2B rule to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classification, after consulting with DOL for its advice about matters with which DOL has expertise, particularly, in this case, questions about the methodology for setting the prevailing wage in the H-2B program. 
Agency: Department of Labor(DOL)  Priority: Economically Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 20 CFR 655    8 CFR 214   
Legal Authority: 8 USC 1101(a)(15)(H)(ii)(b)    8 USC 1184(c)   
Legal Deadline:
Action Source Description Date
Other  Judicial  Judicial order  04/22/2013 
Action Date FR Cite
Interim Final Rule  04/24/2013  78 FR 24047   
Interim Final Rule Effective  04/24/2013 
Interim Final Rule Comment Period End  06/10/2013 
Final Rule  To Be Determined 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
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 
Related RINs: Related to 1205-AB61  Related Agencies: Joint: DHS/USCIS; 
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