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DOL/ETA | RIN: 1205-AB93 | Publication ID: Spring 2023 |
Title: Temporary Employment of H-2B Foreign Workers in the United States | |
Abstract:
The United States Department of Labor’s (DOL) Employment and Training Administration and Wage and Hour Division, and the United States Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services, are jointly proposing to update the H-2B visa program regulations at 20 CFR part 655, subpart A, the related prevailing wage regulations at 20 CFR 656, and 8 CFR 214 governing the certification of the employment of H-2B non-immigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers and U.S. workers in corresponding employment. Specifically, the Notice of Proposed Rulemaking (NPRM) would update the process by which employers seeking to employ H-2B workers would obtain temporary certification from DOL for use in petitioning DHS to employ a nonimmigrant worker in H-2B status. The updates would also establish standards and procedures for employers seeking to hire foreign temporary non-agricultural workers for certain itinerant job opportunities, including entertainers, tree planting, and utility vegetation management. |
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Agency: Department of Labor(DOL) | Priority: Economically Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Undetermined | Unfunded Mandates: Undetermined |
CFR Citation: 20 CFR 655, subpart A 20 CFR 656 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: 8 U.S.C. 1184 8 U.S.C. 1103 sec. 655.0 issued under 8 U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii) 8 U.S.C. 1103(a)(6), 1182(m), (n) and (t), 1184(c), (g), and (j), 1188, and 1288(c) and (d) sec. 3(c)(1), Pub. L. 101-238 103 Stat. 2099, 2102 (8 U.S.C. 1182 note) sec. 221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note) sec. 303(a)(8), Pub. L. 102-232, 105 Stat. 733, 1748 (8 U.S.C. 1101 note) sec. 323(c), Pub. L. 103-206, 107 Stat. 2428 sec. 412(e) Pub. L. 105-277, 112 Stat. 2681 (8 U.S.C. 1182 note) sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note) 29 U.S.C. 49k Pub. L. 107-296, 116 Stat. 2135, as amended Pub. L. 109-423, 120 Stat. 2900 ... |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: Undetermined |
Small Entities Affected: Businesses | Federalism: Undetermined |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: Yes | |
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 |