United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2008_register executive 2010-09-23 article Part V Rules and Regulations D09002ee1c8079272 D09002ee1c8079401 United States Department of Labor originator org United States Government Agency or Subagency United States Employment and Training Administration originator org United States Government Agency or Subagency The Employment and Training Administration (ETA) of the Department of Labor (DOL or the Department) is amending its regulations to modernize the procedures for the issuance of labor certifications to employers sponsoring H-2B nonimmigrants for admission to perform temporary nonagricultural labor or services and the procedures for enforcing compliance with attestations made by those employers. Specifically, this Final Rule re-engineers the application filing and review process by centralizing processing and by enabling employers to conduct pre-filing recruitment of United States (U.S.) workers. In addition, the rule enhances the integrity of the H-2B program through the introduction of post-adjudication audits and procedures for penalizing employers who fail to comply with program requirements. This rule also makes technical changes to the regulations relating to both the H-1B program and the permanent labor certification program to reflect operational changes stemming from this regulation. Although Congress has conferred the statutory authority to enforce H-2B program requirements on the Department of Homeland Security (DHS), recent discussions between DHS and the Department have yielded an agreement for the delegation of H-2B enforcement authority from DHS to the Department. This Final Rule contains the Wage and Hour Division (WHD) regulations establishing the H-2B enforcement procedures that the Department will institute pursuant to that agreement. Separately, this Final Rule institutes conditions and procedures for the debarment of employers, attorneys, and agents participating in the H-2B foreign labor certification process. As discussed further below, the Department intends to exercise its inherent authority under case law and general principles of program administration to determine what entities practice before it. 73 FR 78020 https://www.govinfo.gov/app/details/FR-2008-12-19/E8-29995 E8-29995 fr19de08-19 RIN 1205-AB54 4510-FP-P https://www.govinfo.gov/app/details/FR-2008-12-19/E8-29995 https://www.govinfo.gov/content/pkg/FR-2008-12-19/html/E8-29995.htm https://www.govinfo.gov/content/pkg/FR-2008-12-19/pdf/E8-29995.pdf Administrative Practice and Procedure Foreign Workers Employment Employment and Training Enforcement Forest and Forest Products Fraud Health Professions Immigration Labor Longshore and Harbor Work Migrant Labor Passports and Visas Penalties Reporting and Recordkeeping Requirements Unemployment Wages Working Conditions Agriculture Aliens Enforcement Guam Students 50 p. 78020 78069 73 FR 78020 Title 20 Part 655 20 CFR Part 655 Title 20 Part 656 20 CFR Part 656 RIN 1205-AB54 Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes; Federal Register Vol. 73, Issue RULE E8-29995 V DEPARTMENT OF LABOR Employment and Training Administration 2009-01-18 4510-FP-P E8-29995 Final rule.

The Employment and Training Administration (ETA) of the Department of Labor (DOL or the Department) is amending its regulations to modernize the procedures for the issuance of labor certifications to employers sponsoring H-2B nonimmigrants for admission to perform temporary nonagricultural labor or services and the procedures for enforcing compliance with attestations made by those employers. Specifically, this Final Rule re-engineers the application filing and review process by centralizing processing and by enabling employers to conduct pre-filing recruitment of United States (U.S.) workers. In addition, the rule enhances the integrity of the H-2B program through the introduction of post-adjudication audits and procedures for penalizing employers who fail to comply with program requirements. This rule also makes technical changes to the regulations relating to both the H-1B program and the permanent labor certification program to reflect operational changes stemming from this regulation. Although Congress has conferred the statutory authority to enforce H-2B program requirements on the Department of Homeland Security (DHS), recent discussions between DHS and the Department have yielded an agreement for the delegation of H-2B enforcement authority from DHS to the Department. This Final Rule contains the Wage and Hour Division (WHD) regulations establishing the H-2B enforcement procedures that the Department will institute pursuant to that agreement. Separately, this Final Rule institutes conditions and procedures for the debarment of employers, attorneys, and agents participating in the H-2B foreign labor certification process. As discussed further below, the Department intends to exercise its inherent authority under case law and general principles of program administration to determine what entities practice before it.

This Final Rule is effective January 18, 2009. For information on the H-2B labor certification process governed by 20 CFR 655.1 to 655.35, contact William L. Carlson, Administrator, Office of Foreign Labor Certification, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210. Telephone: (202) 693-3010 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone via TTY by calling the toll-free Federal Information Relay Service at 1-800-877-8339. Administrative Practice and Procedure Foreign Workers Employment Employment and Training Enforcement Forest and Forest Products Fraud Health Professions Immigration Labor Longshore and Harbor Work Migrant Labor Passports and Visas Penalties Reporting and Recordkeeping Requirements Unemployment Wages Working Conditions Agriculture Aliens Enforcement Guam Students Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing (H-2B Workers), DOL_PRA_PUBLIC@dol.gov http://www.foreignlaborcert.doleta.gov/ http://www.reginfo.gov/public/do/eAgendaViewRule?ruleID=221117 http://www.reginfo.gov/public/do/PRAMain RegInfo.gov Vol. 73, no. 245 Office of the Federal Register, National Archives and Records Administration 2008-12-19 continuing daily deposited born digital 687 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2008-12-19 P0b002ee1809c440d 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr19de08 https://www.govinfo.gov/app/details/FR-2008-12-19 https://www.govinfo.gov/content/pkg/FR-2008-12-19/pdf/FR-2008-12-19.pdf https://www.govinfo.gov/content/pkg/FR-2008-12-19/xml/FR-2008-12-19.xml fdlp 77473 78148 DGPO 2010-09-23 2024-06-05 FR-2008-12-19 machine generated eng FR FR-2008-12-19 73 245