Final Rule; 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

December 22, 2008

ETA REGIONAL INFORMATION ALERT NO. 019-09

ORIGINATING OFFICE: Region 5

SUBJECT: Notice - Final Rule; 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-AB54

PROGRAMS: Labor Certification, WIA, Wagner-Peyser

1. Purpose. To transmit a notice of final rule which amends DOL regulations to modernize procedures for the issuance of labor certifications issued in connection with H-2B non-immigrants 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. 245, December 19, 2008, pp. 78020-78069; Information Alerts 088-08; 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. Substance. 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. The effective date of this final rule is January 18, 2009.

5. Action. Program administrators are request to share this Information Alert with appropriate staff and other agencies.

6. Contact. Questions and comments concerning the H-2B labor certification process (20 CFR 655.1 to 655.35) may be directed to William L. Carlson on 202.693.3010. Questions and comments concerning the H-2B enforcement process (20 CFR 655.50 to 655.80) 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.

7. Expiration Date. Continuing

8. Attachment. Federal Register, Vol. 73, No. 245, December 19, 2008, pp. 78020-78069.