[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- [[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