ETA Unified Agenda Entries

Issued December 3, 2001.

LABOR CERTIFICATION AND PETITION PROCESS FOR THE TEMPORARY EMPLOYMENT OF NONIMMIGRANT ALIENS IN AGRICULTURE IN THE U.S.: DELEGATION OF AUTHORITY TO ADJUDICATION PETITIONS; DEFERRAL OF EFFECTIVE DATE [Final Rule Stage]

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 8 USC 1101(a)(15)(H)(ii)(a);; 8 USC 1184; 8 USC 1188; 
29 USC 49 et seq; 8 CFR 103.1(f)(iii)(j); 8 CFR 103.1(f)(iii)(w); 8 CFR 
214.2(h)(5); 8 CFR 214.2(h)(11); 8 CFR 214.2(h)(12)

CFR Citation: 20 CFR 655, subpart B

Legal Deadline: None

Abstract: The Department of Labor (DOL or Department) published a final 
rule in this rulemaking in the Federal Register at 65 FR 43538 (July 
13, 2000), with an effective date of November 13, 2000, implementing a 
delegation of authority from the INS to the Department of adjudicate 
petitions for the temporary employment of nonimmigrant aliens in 
agriculture in the United States. Concurrently, the INS published a 
final rule at 65 FR 43528 (July 13, 2000) with an effective date of 
November 13, 2000, transferring to the Secretary of Labor the authority 
to adjudicate petitions for temporary agricultural workers and the 
authority to decide appeals on these decisions and to make 
determinations for revocation of petition approvals.
Subsequently, the INS at 65 FR 67616 (November 13, 2000) published a 
final rule and DOL at 65 FR 67628 (November 13, 2000) published an 
interim final rule (IFR) deferring the effective dates of their final 
rules. The Department in its IFR invited comments on the deferral of 
the effective date. No comments were received by DOL on the deferral of 
the effective date.
The Department also reopened and extended the comment period at 65 FR 
50170 (August 17, 2000) on a companion notice of proposed rulemaking 
(NPRM) published at 65 FR 43545 (July 13, 2000) setting forth 
implementation measures necessary to the successful implementation of 
the delegation of authority to adjudicate petitions. 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.
Finalizing the proposed rule is essential to the effective 
implementation of any delegation of authority to DOL to adjudicate 
petitions for temporary employment of nonimmigrant aliens in the United 
States. Therefore, the Department has determined to defer the effective 
date of the July 13, 2000, final rule for 1 year, which should be 
sufficient time to complete the rulemaking on the companion NPRM.


Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/27/01                    66 FR 49275
Interim Final Rule Comment 
Period End                      10/29/01
Interim Final Rule Effective    09/27/02

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-AB30

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