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DOL/ETA

RIN: 1205-AB69

Publication ID: Spring 2014

Title: Wage Methodology for the Temporary Nonagricultural Employment H-2B Program, Part 2
Abstract: In an interim final rule (IFR) published in April, 2013, the Department of Homeland Security (DHS) and Department of Labor (DOL) amended their regulations governing the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connected with the application for employment certification of nonimmigrant workers in temporary or seasonal non-agricultural employment. That prevailing wage is then used by employers in petitioning the DHS to allow nonimmigrant workers to enter the U.S. in H-2B status. DOL and DHS jointly issued this rule in response to the court's order in Comite de Apoyo a los Trabajadores Agricolas v. Solis, which vacated a provision of DOL's prevailing wage rate regulation, and to ensure that the rule is in effect nationwide in light of other outstanding litigation. The IFR requested comments from the public on a variety of regulatory and policy issues, and the final rule will consider the public's input and make revisions to the regulations as warranted.
Agency: Department of Labor(DOL)	Priority: Economically Significant
RIN Status: Previously 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

Timetable:

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
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 Email: carlson.william@dol.gov