Request for Comments–Labor Condition Application Requirements for Employers Seeking to Use Nonimmigrants on E-3 Visas in Specialty Occupations

January 12, 2007

ETA REGIONAL INFORMATION ALERT NO. 039-07

ORIGINATING OFFICE: Region 5

SUBJECT: Request for Comments – Labor Condition Application Requirements for Employers Seeking to Use Nonimmigrants on E-3 Visas in Specialty Occupations, Filing Procedures; Proposed Rule

PROGRAMS: Foreign Labor Certification

1. Purpose. To transmit a request for public comment on a Notice of Proposed Rule Making (NPRM), which clarifies the procedures that employers must follow in obtaining a DOL-certified labor condition application before seeking an E-3 visa for a foreign worker. The proposed rule will be submitted to the Office of Management and Budget for review and approval.

2. References. Federal Register, Vol. 72, No. 8, January 12, 2007, pp. 1649-1656; REAL ID Act of 2005 (Division B) [Pub. L. 109-13, 119 Stat. 231]; 59 FR 65646, 65048-65649; 69 FR 68555; 70 FR 41430, 52292; 71 FR 37802; 8 U.S.C. 1101, 1182, 1184; 8 CFR 214.2 (e)(19)-(20); 13 CFR 121; 20 CFR 655 H, I, 655.715; 22 CFR 41.51 (c); 9 FAM 4151 N16.9; Executive Orders 12866 and 13132; Unfunded Mandates Reform Act; Regulatory Flexibility Act, Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996.

3. Links. This Alert is in the Regional website Resource page at: http://www.doleta.gov/regions/regionalresources/

Link to the Federal Register attachment (.pdf)

4. Action. Program administrators are request to share this Information Alert with appropriate staff and other agencies, and are invited to comment, on or before February 12th to:

U.S. Department of Labor
Employment and Training Administration
Ref. RIN 1205-AB43
Room N-5641
200 Constitution Avenue, NW
Washington, D.C. 20210
202.693.3584 (fax)

E3.comments@dol.gov (E-mail) Include RIN 1205-AB43 in subject line of the message.

Comments may also be submitted through: www.regulations.gov.

5. Contact. Questions and comments about the NPRM may be directed to: William L. Carlson on 202.693.3010. Questions or comments about the format of this Alert may be directed to Robert Rainault on 312.596.5416.

6. Expiration Date. February 12, 2007

7. Attachment. Federal Register, Vol. 72, No. 8, January 12, 2007, pp. 1649-1656