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DOL/ETA RIN: 1205-AB89 Publication ID: Fall 2018 
Title: ●Labor Certification Process for Temporary Agricultural Employment in the United States (H-2A workers) 

The United States Department of Labor’s (DOL) Employment and Training Administration and Wage and Hour Division are amending regulations regarding the H-2A non-immigrant visa program at 20 CFR part 655, subpart B.  The Notice of Proposed Rulemaking (NPRM) will include necessary technical improvements to the existing H-2A regulations which will modernize and streamline the overall function of the program.  The NPRM will also make necessary legal changes to modernize the regulation that have arisen since the current H-2A regulation was published in 2010.

Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Deregulatory 
CFR Citation: 20 CFR 655, subpart B    29 CFR 501     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 U.S.C. 1188   
Legal Deadline:  None

Statement of Need:

DOL has identified necessary areas of the regulation that should be modernized and streamlined so that the agency can more effectively carry out its mandate to protect the wages and working conditions of U.S. workers while also allowing the program to operate efficiently.  DOL has also identified legal issues with the current regulation that must be addressed.

Summary of the Legal Basis:

ETA is undertaking this rulemaking pursuant to its authority under section 218 of the Immigration and Nationality Act.  In addition, courts have issued decisions since the publication of the current regulation that have presented legal issues with the regulation that must be addressed.


Alternatives will be provided and open to public comment in the NPRM.

Anticipated Costs and Benefits:

The estimates of the costs and benefits are still under development.


This action does not affect the public health, safety, or the environment.

Action Date FR Cite
NPRM  12/00/2018 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses  Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
William W. Thompson, II
Administrator, Office of Foreign Labor Certification
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW., Box # 12-200,
Washington, DC 20210
Phone:202 513-7350