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DOL/ETA | RIN: 1205-AB89 | Publication ID: Spring 2022 |
Title: Temporary Agricultural Employment of H-2A Nonimmigrants in the United States | |
Abstract:
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. While DOL issued one comprehensive proposal, the final rulemaking action was split into two final rules: 1) a rule finalizing the Adverse Effect Wage Rate (AEWR) provisions, which is economically significant; and 2) a rule finalizing the remainder of the proposal in the Notice of Proposed Rulemaking, Labor Certification Process for Temporary Agricultural Employment in the United States (H-2A workers), which is significant. The AEWR Final Rule (1205-AB89) published in the Federal Register on November 5, 2020 (85 FR 70445) with an effective date of December 21, 2020, and its implementation has been enjoined pursuant to a federal court order, dated December 23, 2020, in United Farm Workers, et al. v. U.S. Department of Labor, et al., No. 20-cv-1690 (E.D. Cal.). The rule finalizing the remainder of the proposal seeks to provide the necessary technical improvements to the existing H-2A regulations that will modernize and streamline the overall function of the program, and will include necessary legal changes and technical improvements to the overall administration of the program since the current H-2A regulation was published in 2010. |
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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: 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 |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Brian Pasternak Administrator Department of Labor Employment and Training Administration 200 Constitution Avenue NW, Office of Foreign Labor Certification; Room N-5311, FP Building, Washington, DC 20210 Phone:202 693-8200 Email: pasternak.brian@dol.gov |