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February 13, 2008

ETA REGIONAL INFORMATION ALERT NO. 045-08

ORIGINATING OFFICE:  Region 5

SUBJECT:  Notice of Proposed Rulemaking - Temporary Agricultural Employment of H-2A Aliens in the United States; Modernizing the Labor Certification Process and Enforcement. RIN 1205-AB55

PROGRAMS: Labor Certification, WIA, Wagner-Peyser

1.  Purpose. To transmit a notice of proposed rulemaking to amend DOL regulations regarding the certification of temporary employment of nonimmigrant workers employed in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers.

2.  References. Federal Register, Vol. 73, No. 30, February 13, 2008, pp. 8538-8585; Immigration and Nationality Act Section 101(a)(15)(H)(ii)(a), 214(c)(1), 218; 8 CFR 214.2(h)(6); Immigration Reform and Control Act of 1986; 20 CFR 602, 651, 652, 653 Subpart B and F, 654 Subpart E, 655 Subpart B and 658; 8 U.S.C. 1101, 1188, 1324; 29 USC 49, 213; 8 CFR 274; 29 CFR 501, 1602, 1910; Fair Labor Standards Act; Migrant and Seasonal Workers Protection Act; Paperwork Reduction Act, 44 USC 3501; Unfunded Mandates Reform Act of 1995, Pub. L. 104-4; Assessment of Federal Regulations and Policies on Families, Pub. L. 105-277 sec 654; 5 USC 605 (b); 5 USC 601(3)-(5); Executive Order 12630, 1286613132, 13211, 13175 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-AB55, on or before March 31st 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 this notice may be directed to Sherril Hurd on 202.693.3700. Questions or comments about the format of this Alert may be directed to Robert Rainault on 312.596.5416.

6. Expiration Date. March 31, 2008

7. Attachment. Federal Register, Vol. 73, No. 30, February 13, 2008, pp. 8538-8585.