[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Proposed Rules]
[Page 11592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4534]



[[Page 11592]]

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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

RIN 1205-AB36


Post-Adjudication Audits of H-2B Petitions in All Occupations 
Other Than Excepted Occupations in the United States; Re-Opening and 
Extension of Comment Period

AGENCIES: Employment and Training Administration, Labor.

ACTION: Proposed rule; reopening and extension of comment period.

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SUMMARY: This document informs the public that the comment period for 
the Notice of Proposed Rulemaking for Post-Adjudication Audits of H-2B 
Petitions in All Occupations Other Than Excepted Occupations in the 
United States is re-opened and extended.

DATES: The comment period for the notice of proposed rulemaking 
published January 27, 2005 (70 FR 3993), has been extended until April 
8, 2005.

ADDRESSES: You may submit comments, identified by Regulatory 
Information Number (RIN) 1205-AB36, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the Web site instructions for submitting comments.
     E-mail: Comments may be submitted by e-mail to 
[email protected]. Include RIN 1205-AB36 in the subject line of the 
message.
     U.S. Mail: Submit written comments to the Assistant 
Secretary, Employment and Training Administration, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210, 
Attention: William Carlson, Chief, Division of Foreign Labor 
Certification. Because of security measures, mail directed to 
Washington, DC, is sometimes delayed. We will only consider comments 
postmarked by the U.S. Postal Service or other delivery service on or 
before the deadline for comments.
    Instructions: All submissions received must include the RIN 1205-
AB36 for this rulemaking. Receipt of submissions will not be 
acknowledged because DOL continues to experience occasional delays in 
receiving postal mail in the Washington, DC, area; commenters using 
mail are encouraged to submit any comments early.
    Comments will be available for public inspection during normal 
business hours at the address listed above for mailed comments. Persons 
who need assistance to review the comments will be provided with 
appropriate aids such as readers or print magnifiers. Copies of this 
proposed rule may be obtained in alternative formats (e.g., large 
print, Braille, audiotape, or disk) upon request. To schedule an 
appointment to review the comments and/or to obtain the proposed rule 
in an alternative format, contact the Division of Foreign Labor 
Certification at (202) 693-3010 (this is not a toll-free number).

FOR FURTHER INFORMATION CONTACT: William Carlson, Chief, Division of 
Foreign Labor Certification, Employment and Training Administration, 
200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210, 
telephone: (202) 693-3010 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: An H-2B nonimmigrant is admitted temporarily 
to the United States to perform temporary nonagricultural labor or 
services. On January 27, 2005, the Department of Labor's Employment and 
Training Administration (DOL or ETA) and the Department of Homeland 
Security (DHS) simultaneously published in the Federal Register 
proposed rules to change the procedures for the issuance of H-2B visas. 
70 FR 3984 and 3993. Under DOL's proposed rule, H-2B petitions filed 
with DHS, with the exception of workers in logging, the entertainment 
industry, or professional athletics, will require employers to satisfy 
specific attestations concerning labor market issues. These 
attestations have been developed by the DOL and are included in DOL's 
proposed rule and incorporated in the DHS proposed regulation. In 
addition, under the proposed rule, the DOL will receive information on 
petitions that have been approved and received final adjudication from 
the DHS. The DOL will be conducting post-adjudication audits of 
attestations submitted in support of selected approved H-2B petitions 
received from the DHS. Given the complexity of the proposed rule and 
the intense level of interest, the comment period is being re-opened 
and extended.
    DOL published its notice of proposed rulemaking in the Federal 
Register of January 27, 2005 (FR Doc. 05-1222), at 70 FR 3993. The 
notice invited interested persons to submit written comments on the 
proposed rule on or before February 28, 2005. This document re-opens 
and extends the comment period through April 8, 2005.

    Signed in Washington, DC, this 3rd day of March 2005.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 05-4534 Filed 3-8-05; 8:45 am]
BILLING CODE 4510-30-P