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DHS/USCIS RIN: 1615-AC62 Publication ID: Fall 2020 
Title: ●Delegating Authority for Temporariness Determinations in H-2A to the Department of Labor 

Following conversations with the Department of Labor on comments it received in response to its July 26, 2019, NPRM, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States, DHS and DOL have determined that it would be most efficient if the Departments eliminated duplication and allowed for one agency to adjudicate Temporariness and not two. It is expected that such streamlining will simplify the process for applicants providing them with more certainty following their labor certification from DOL. This procedural final rule will accompany a delegation under 8 U.S.C. 1103(a)(6).

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 8 CFR 214.2(h)(5)(iv)   
Legal Authority: 8 U.S.C. 1103(a)(6)    Pub. L. 107-296    6 U.S.C. 112(a)    6 U.S.C. 112(b)   
Legal Deadline:  None
Action Date FR Cite
Final Rule  12/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Charles Nimick
Chief, Business and Foreign Workers Division, Office of Policy and Strategy
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000