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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: September 24, 2002 (Volume 67, Number 185)]
[Proposed Rules]               
[Page 59797]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24se02-15]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

RIN 1205-AB24

 
Labor Certification and Petition Process for the Temporary 
Employment of Nonimmigrant Aliens in Agriculture in the United States; 
Modification of Fee Structure; Withdrawal of Proposed Rule

AGENCY: Employment and Training Administration, Labor.

ACTION: Withdrawal of proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor is withdrawing its proposed rule 
published in the Federal Register on July 13, 2001 (65 FR 43545), which 
would have required employers seeking to temporarily employ 
nonimmigrant farmworkers to submit, at the time of filing, a new 
consolidated application form, fees for the labor certification, and 
the associated H-2A petition. For the reasons discussed below, the 
Department has decided to withdraw the proposed rule and to terminate 
the rulemaking.

DATES: This withdrawal is made on September 24, 2002.

FOR FURTHER INFORMATION CONTACT: Charlene G. Giles, Team Leader, 
Division of Foreign Labor Certification, Employment and Training 
Administration, U.S. Department of Labor, Room C-4318, 200 Constitution 
Avenue, NW., Washington, DC 20210. Telephone (202) 693-2950 (this is 
not toll-free number).

SUPPLEMENTARY INFORMATION: The Department is withdrawing a proposed 
rule related to the temporary employment of nonimmigrant agriculture 
(H-2A) workers in the United States. The proposed amendment would have 
required an employer seeking a temporary alien agricultural labor 
certification to submit with a consolidated application form the fees 
for labor certification and the associated H-2A petition. The proposal 
also would have modified the fee structure for issuing H-2A labor 
certifications. Agricultural employers and workers and their 
representatives strongly opposed DOL's proposal to consolidate into a 
proposed new Form 9079 the existing two forms (Form ETA 750 and Form I-
129) used by DOL for the certification process and by the Immigration 
and Naturalization Service (INS) for the H-2A visa petition process. 
Both groups of commenters cited increased difficulties with the new 
form, such as the requirement that the employer obtain the foreign 
agricultural worker's signature and the requirement to accurately state 
the terms and conditions of employment of complex agricultural 
occupations.
    The proposed rule also would have established a three-tiered labor 
certification fee based upon the number of temporary workers for which 
each agricultural employer was applying. Agricultural employers 
commented that the proposed three-tiered fee structure would be 
unfavorable to small farmers, and they recommended that no such change 
be made.
    Based upon the Department's review of the rulemaking record as a 
whole, the Department has decided to withdraw the proposed rule and 
terminate the rulemaking action.

    Signed at Washington DC, this 18th day of September, 2002.
Emily Stover DeRocco,
Assistant Secretary of Labor for Employment and Training.
[FR Doc. 02-24190 Filed 9-23-02; 8:45 am]
BILLING CODE 4510-30-P



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