Notice of Proposed Rulemaking – Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States

May 22, 2008

ETA REGIONAL INFORMATION ALERT NO. 088-08

ORIGINATING OFFICE: Region 5

SUBJECT: Notice of Proposed Rulemaking – 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. RIN 1205-AB55

PROGRAMS: Labor Certification, WIA, Wagner-Peyser

1. Purpose. To transmit a notice of proposed rulemaking to modernize procedures for the issuance of labor certifications issued in connection with H–2B nonimmigrants admitted to perform temporary nonagricultural labor or services, and procedures to enforce compliance with attestations made by sponsoring employers.

2. References. Federal Register, Vol. 73, No. 100, May 22, 2008, pp. 29942–29975; Immigration and Nationality Act Section 101, 214, 274; 8 CFR 214.2; 20 CFR 655 , 656; 8 U.S.C. 1101, 1103, 1154, 1184, 1324; 29 USC 49, 201, 216, 1801, 1854, 2617; 18 USC 1001; TEGL 21-06; 8 CFR 274; 70 FR 3983, 3992, 41430; 72 FR 38621; Paperwork Reduction Act, 44 USC 3501; Unfunded Mandates Reform Act of 1995, Pub. L. 104-4; Small Business Regulatory Enforcement Fairness Act of 1996; 5 USC 605; 5 USC 603; 41 U.S.C. 351; Pub. L. 109-13; Executive Order 11246, 12630, 12866, 13132 and 12988.

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 submit comments, identified by Regulatory Information Number (RIN) 1205-AB54, on or before July 21^st by one of the following methods:

Internet: Federal e-Rulemaking Portal

Mail/ Hand Delivery:         Thomas Dowd, Administrator
                                        Office of Policy Development and Research
                                        US DOL/Employment and Training Administration
                                        200 Constitution Avenue, NW
                                        Room N-5641
                                        Washington, DC 20210

5. Contact. Questions and comments about the proposed labor certification process may be directed to Sherril Hurd on 202.693.3700. Questions and comments about the proposed enforcement process may be directed to Michael Ginley on 202.693.0745. Questions or comments about the format of this Alert may be directed to Robert Rainault on 312.596.5416.

6. Expiration Date. July 21, 2008

7. Attachment. Federal Register, Vol. 73, No. 100, May 22, 2008, pp. 29942–29975.