[Federal Register Volume 60, Number 229 (Wednesday, November 29, 1995)]
[Rules and Regulations]
[Pages 61209-61211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28967]



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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

Wage and Hour Division

29 CFR Part 508

[RIN 1205-AA88 and RIN 1215-AA]


Attestations by Employers for Off-Campus Work Authorization for 
Foreign Students (F-1 Nonimmigrants)

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

ACTION: Joint interim final rule.

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SUMMARY: The Department of Labor (DOL) amends regulations relating to 
attestations by employers seeking to use nonimmigrant foreign (F-1) 
students in off-campus work. Pursuant to a previous 

[[Page 61210]]
interim final rule, existing attestations expire at the close of 
November 1995. The rule published today amends the regulations to 
extend the period of applicability of attestations through September 
30, 1996, the expiration date for the F-1 program.

EFFECTIVE DATE: November 30, 1995.

FOR FURTHER INFORMATION CONTACT:
On 20 CFR part 655, subpart J, and 29 CFR part 508, subpart J, contact 
Ms. 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 K, and 29 CFR part 508, subpart K, 
contact Mr. Thomas Shierling, Office of Enforcement Policy, Immigration 
Team, Wage and Hour Division, Employment Standards Administration, 
Department of Labor, Room S-3510, 200 Constitution Avenue, NW., 
Washington, DC 20210. Telephone: 202-219-7605 (this is not a toll-free 
number).

SUPPLEMENTARY INFORMATION: Immigration Act of 1990 (IMMACT) sec. 221 
and Immigration and Nationality Act secs. 101(a)(15)(F) and 214 create 
a pilot program, of limited duration, allowing a nonimmigrant foreign 
student admitted on an F-1 visa to work off-campus if: (1) he/she has 
completed one academic year as such a nonimmigrant and is maintaining 
good academic standing at the institution; (2) he/she will not be 
employed off-campus for more than 20 hours per week during the academic 
term (but may be employed full-time during vacation periods and between 
terms); and (3) the employer provides an attestation to the Department 
of Labor (DOL) and to the educational institution that it 
unsuccessfully recruited for the position for at least 60 days and will 
pay the higher of the actual wage at the worksite or the prevailing 
wage for the occupation in the area of employment. The employer submits 
such attestations to DOL and the educational institution for foreign 
students to receive work authorization, if otherwise qualified. The 
attestation process is administered by the Employment and Training 
Administration. Complaints and investigations regarding violations of 
employer attestations are handled by the Wage and Hour Division, 
Employment Standards Administration. If DOL determines an employer made 
a materially false attestation or failed to pay wages in accordance 
with an attestation, the employer, after notice and opportunity for a 
hearing, may be disqualified from employing F-1 students under the 
program.
    An interim final rule, requesting comments, was published November 
6, 1991. 56 FR 56860. The interim final rule provided that the 
employer's attestation may remain in effect, unless withdrawn or 
invalidated, through no later than September 30, 1994, the original 
statutory termination date for the pilot. Public Law 103-416 extended 
the program to September 30, 1996. Since the enactment of the program 
extension, DOL periodically has extended existing attestations, 
currently through November 30, 1995. Analysis of the comments is 
ongoing. The rule published today extends existing attestations through 
the program's expiration date, September 30, 1996. Should the program 
be extended by Congress beyond that date, the Department expects to 
publish a final rule.
    Absent today's amendment, all previously valid attestations would 
expire at the close of November 30, 1995, and no new attestations could 
be filed. Without this amendment, F-1 students would not have work 
authorization under this program. New attestations filed after the 
effective date of today's rule also are valid through September 30, 
1996, unless withdrawn or invalidated. Today's rule alleviates 
hardships for covered students and employers, and the limited extension 
gives DOL additional opportunity to complete analysis of comments on 
the interim final rule.
    For these reasons, DOL for good cause finds a proposed rule is 
impracticable and contrary to the public interest (5 U.S.C. 553(b)(B)); 
and finds good cause to make the rule effective immediately (5 U.S.C. 
553(d)(3)). The rule is not significant under E.O. 12866. The rule was 
not preceded by a proposed rule and, thus, is not covered by the 
Regulatory Flexibility Act. When the interim final rule was published, 
however, DOL notified the Chief Counsel for Advocacy, Small Business 
Administration, and made the certification pursuant to 5 U.S.C. 605(b), 
that the rule did not have a significant economic impact on a 
substantial number of small entities. The program is not in the Catalog 
of Federal Domestic Assistance.

List of Subjects

20 CFR Part 655

    Administrative practice and procedure, Agriculture, Aliens, 
Crewmembers, Employment, Enforcement, Forest and forest products, Guam, 
Health professions, Immigration, Labor, Longshore work, Migrant labor, 
Nurse, Penalties, Registered nurse, Reporting and recordkeeping 
requirements, Specialty occupation, Students, Wages.

29 CFR Part 508

    Administrative practice and procedure, Aliens, Employment, 
Enforcement, Immigration, Labor, Penalties, Reporting and recordkeeping 
requirements, Specialty occupation, Students, Wages.

Text of Joint Interim Final Rule

    The text of the joint interim final rule appears below:
    1. Section ____.900(b)(2)(i) is amended by removing the date 
``November 30, 1995'' and adding in lieu thereof the date ``September 
30, 1996''.
    2. Section ____.900(d) is amended by removing the date ``November 
30, 1995'' and adding in lieu thereof the date ``September 30, 1996''.
    3. Section ____.900 is amended by revising paragraph (e), to read 
as follows:


Sec. ____.900  Purpose, procedure and applicability of subparts J and K 
of this part.

* * * * *
    (e) Revalidation of employer attestations in effect on November 30, 
1995. Any employer's attestation which was valid on November 30, 1995, 
is revalidated effective on November 30, 1995, and shall remain valid 
through September 30, 1996, unless withdrawn or invalidated.
    4. Section ____.910(b)(2)(i) is amended by removing the phrase 
``through November 30, 1995'' and adding in lieu thereof the phrase 
``through September 30, 1996''.
    5. Section ____.910(e) is amended by removing from the first 
sentence the phrase ``after November 30, 1995'' and adding in lieu 
thereof the phrase ``after September 30, 1996''; and by removing from 
the penultimate sentence the phrase ``prior to November 30, 1995'' and 
adding in lieu thereof the phrase ``prior to September 30, 1996''.
    6. Section ____.940(d)(1)(i)(B) is amended by removing the date 
``November 30, 1995'' and adding in lieu thereof the date ``September 
30, 1996''.
    7. Section ____.940(h)(1) is amended by removing the date 
``November 30, 1995'' and adding in lieu thereof the date ``September 
30, 1996''.
    8. Section ____.940(h)(3) is amended by removing the date 
``November 30, 1995'' and adding in lieu thereof the date ``September 
30, 1996''.

[[Page 61211]]


Adoption of Joint Interim Final Rule

    The agency-specific adoption of the Joint Interim Final Rule, which 
appears at the end of the common preamble, appears below:

Title 20--Employees' Benefits

CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR

    1. Part 655 of chapter V of title 20, Code of Federal Regulations, 
is amended as follows:

PART 655--TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES

    a. The authority citation for part 655 continues to read as 
follows:

    Authority: Section 655.0 issued under 8 U.S.C. 1101(a)(15)(H) 
(i) and (ii), 1182 (m) and (n), 1184, 1188, and 1288(c); 29 U.S.C. 
49 et seq.; sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2103 (8 
U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat. 4978, 
5027 (8 U.S.C. 1184 note); and 8 CFR 214.2(h)(4)(i).
    Section 665.00 issued under 8 U.S.C. 1101(a)(15)(H)(ii), 1184, 
and 1188; 29 U.S.C. 49 et seq.; and 8 CFR 214.2(h)(4)(i).
    Subparts A and C issued under 8 U.S.C. 1101(a)(15)(H)(ii)(b) and 
1184; 29 U.S.C. 49 et seq.; and 8 CFR 214.2(h)(4)(i).
    Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184, and 
1188; and 29 U.S.C. 49 et seq.
    Subparts D and E issued under 8 U.S.C. 1101(a)(15)(H)(i)(a), 
1182(m), and 1184; 29 U.S.C. 49 et seq.; and sec. 3(c)(1), Pub. L. 
101-238, 103 Stat. 2099, 2103 (8 U.S.C. 1182 note).
    Subparts F and G issued under 8 U.S.C. 1184, and 1288(c); and 29 
U.S.C. 49 et seq.
    Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b), 
1182(n), and 1184; and 29 U.S.C. 49 et seq.
    Subparts J and K issued under 29 U.S.C. 49 et seq.; and sec. 
221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note).

    b. Part 655 is amended as set forth in the Joint Interim Final 
Rule, which appears at the end of the common preamble.

Title 29--Labor

CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

    2. Part 508 of chapter V of title 29, Code of Federal Regulations, 
is amended as follows:

PART 508--ATTESTATIONS FILED BY EMPLOYERS UTILIZING F-1 STUDENTS 
FOR OFF-CAMPUS WORK

    a. The authority citation for part 508 continues to read as 
follows:

    Authority: 29 U.S.C. 49 et seq.; and sec. 221(a), Pub. L. 101-
649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note).

    b. Part 508 is amended as set forth in the Joint Interim Final 
Rule, which appears at the end of the common preamble.

    Signed at Washington, DC, this 21st day of November, 1995.
Raymond Uhalde,
Deputy Assistant Secretary for Employment and Training.
John R. Fraser,
Acting Administrator, Wage and Hour Division, Employment Standards 
Administration.
[FR Doc. 95-28967 Filed 11-28-95; 8:45 am]
BILLING CODE 4510-30-P; 4510-27-M