ETA Unified Agenda Entries

Issued December 3, 2001.

LABOR CERTIFICATION AND PETITION PROCESS FOR THE TEMPORARY EMPLOYMENT OF NONIMMIGRANT ALIENS IN AGRICULTURE IN THE UNITED STATES; MODIFICATION OF FEE STRUCTURE [Final Rule Stage]

Priority: Other Significant

Legal Authority: 8 USC 1101(a)(15)(h)(ii)(a); 8 USC 1184; 8 USC 1188; 
29 USC 49 et seq

CFR Citation: 8 CFR 655

Legal Deadline: None

Abstract: The Employment and Training Administration (ETA) of the 
Department of Labor (Department or DOL) proposes to amend its 
regulations relating to the temporary employment of nonimmigrant 
agricultural workers (H-2A workers) in the United States. The proposed 
amendments would require employers to submit fees for labor 
certification and the associated H-2A petitions with consolidated 
application form at the time of filing. The proposal also would modify 
the fee structure for labor certification. If the application is 
denied, both fees will be refunded to the employer. It is conceivable 
in rare instances that the statutory and regulatory standards for 
issuance of the certification will be met, but those applicable to the 
petition will not be met. In such occurrence, neither fee will be 
refunded because the certification fee is an issuance,
while the petition fee is a processing fee.
The Department published a Notice of Proposed Rulemaking (NPRM) at 65 
FR 43545 (July 13, 2000). Because of the continuing interest in the 
proposal, the Department published at 65 FR 50170 (August 17, 2000) a 
proposed rule reopening and extending the comment period on the July 
13, 2000, NPRM. The comments received as a result of this reopening and 
extension of the comment period did not provide sufficient information 
to permit the Department to draft a final rule concerning a number of 
issues raised by commenters. Consequently, the Department intends to 
publish a proposed rule to again reopen and extend the comment period 
on the July 13, 2000, NPRM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/13/00                    65 FR 43545
NPRM Comment Period Reopened and 
Extended                        09/18/00                    65 FR 50170
NPRM Comment Period Reopened and 
Extended to 10/29/2001          09/27/01                    66 FR 49328
Final Action                    09/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Dale Ziegler, Chief, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4318, FP Building, 
Washington, DC 20210
Phone: 202 693-2942
Fax: 202 693-2760
Email: dziegler@doleta.gov

RIN: 1205-AB24

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