[Federal Register Volume 60, Number 186 (Tuesday, September 26, 1995)]
[Rules and Regulations]
[Pages 49505-49506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23788]



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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

Wage and Hour Division

29 CFR Part 507


Labor Condition Applications and Requirements for Employers Using 
Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion 
Models

AGENCY: Employment and Training Administration, Labor; and Wage and 
Hour Division, Employment Standards Administration, Labor.

ACTION: Notice of enforcement position.

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[[Page 49506]]


SUMMARY: The Employment and Training Administration (ETA) and the 
Employment Standards Administration (ESA) of the Department of Labor 
(DOL or Department) are hereby announcing an enforcement policy 
regarding a provision of the regulations governing the enforcement of 
labor condition applications filed by employers seeking to employ 
foreign workers in specialty occupations and as fashion models of 
distinguished merit and ability under the H-1B nonimmigrant visa 
classification. Under the Immigration and Nationality Act (INA), an 
employer seeking to employ such a nonimmigrant is required to file a 
labor condition application with DOL before the Immigration and 
Naturalization Service (INS) may approve an H-1B visa petition. The 
labor condition application process is administered by ETA; complaints 
and investigations regarding labor condition applications are the 
responsibility of ESA.

EFFECTIVE DATE: September 26, 1995.

FOR FURTHER INFORMATION CONTACT: On 20 CFR part 655, subpart H, and 29 
CFR part 507, subpart H, contact Flora T. Richardson, Chief, Division 
of Foreign Labor Certifications, U.S. Employment Service, Employment 
and Training Administration, Department of Labor, Room N-4456, 200 
Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 219-
5263 (this is not a toll-free number).
    On 20 CFR part 655, subpart I, and 29 CFR part 507, subpart I, 
contact Chief, Branch of Farm Labor and Immigration Programs, Wage and 
Hour Division, Employment Standards Administration, Department of 
Labor, Room S-3502, 200 Constitution Avenue, NW., Washington, DC 20210. 
Telephone: (202) 219-7605 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: The Secretary of Labor's Final Rule 
(December 20, 1994, 59 FR 65646) regarding the H-1B nonimmigrant 
program became effective on January 19, 1995. Section ____.731(b)(1) of 
the Final Rule requires that, in documenting its compliance with the 
wage requirements, an employer shall maintain at least the information 
listed in Sec. ____.731(b)(1)(i) through (vii), not only for the H-1B 
nonimmigrant(s), but for ``all other employees for the specific 
employment in question at the place of employment.'' The prior Interim 
Final Rule (January 13, 1992, 57 FR 1316), at Sec. ____.730(e)(2)(i), 
required that the employer maintain documentation of the listed items 
for ``all other individuals with experience and qualifications similar 
to the H-1B nonimmigrant for the specific employment in question at the 
place of employment.''

Enforcement Position

    The Department hereby announces that, with respect to any 
additional workers for whom the Final Rule may have applied the 
recordkeeping requirements at Sec. ____.731(b)(1), it will enforce this 
provision to require the employer to keep only those records which are 
required by the Fair Labor Standards Act (``FLSA''), 29 CFR Part 516. 
In virtually all situations, the Department anticipates that the 
records required by the FLSA include those listed under the H-1B Final 
Rule.

    Signed at Washington, D.C., this 20th day of September, 1995.
John R. Beverly, III,
Deputy Director, United States Employment Service.
John Fraser,
Deputy Administrator, Wage and Hour Division.
[FR Doc. 95-23788 Filed 9-26-95; 8:45 am]
BILLING CODE 4510-30 and 4510-27-M