ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.

Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here:



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


[June 28, 2004 (Volume 69, Number 123)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
[DOCID: f:ua040413.wais]

[Page 37788-37834]
 
Department of Labor


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

Part XIII








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



Semiannual Regulatory Agenda

[[Page 37788]]

DEPARTMENT OF LABOR (DOL)

_______________________________________________________________________

DEPARTMENT OF LABOR

Office of the Secretary

20 CFR Chs. I, IV, V, VI, VII, and IX

29 CFR Subtitle A and Chs. II, IV, V, XVII, and XXV

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29

Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: This document sets forth the Department's semiannual agenda of 
regulations that have been selected for review or development during 
the coming year. The Department's agencies have carefully assessed 
their available resources and what they can accomplish in the next 
twelve months and have adjusted their agendas accordingly.

     The agenda complies with the requirements of both Executive 
Order 12866 and the Regulatory Flexibility Act. The agenda lists 
all regulations that are expected to be under review or development 
between April 2004 and April 2005, as well as those completed 
during the past six months.

FOR FURTHER INFORMATION CONTACT: Kathleen Franks, Director, Office of 
Regulatory Policy, Office of the Assistant Secretary for Policy, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room S-2312, 
Washington, DC 20210, (202) 693-5959.

Note: Information pertaining to a specific regulation can be obtained 
from the agency contact listed for that particular regulation.

[ ... ]

RIN: 1215-AB45 _______________________________________________________________________ Department of Labor (DOL) Long-Term Actions Employment Standards Administration (ESA) _______________________________________________________________________ 1927. LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION MODELS Priority: Other Significant Legal Authority: 29 USC 49 et seq; 8 USC 1101(a)(15)(H)(i)(b); 8 USC 1182(n); 8 USC 1184; PL 102-232; PL 105-277 CFR Citation: 20 CFR 655, subparts H and I Legal Deadline: None Abstract: The H-1B visa program of the Immigration and Nationality Act allows employers to temporarily employ nonimmigrants admitted into the United States under the H-1B visa category in specialty occupations and as fashion models, under specified labor conditions. An employer must file a labor condition application with the Department of Labor before the Immigration and Naturalization Service may approve a petition to employ a foreign worker on an H-1B visa. The Department's Employment and Training Administration administers the labor condition application process; the Wage and Hour Division of the Department's Employment Standards Administration handles complaints and investigations regarding labor condition applications. The Department published a proposed rule on January 5, 1999, in response to statutory changes in the H-1B program made by the American Competitiveness and Workforce Improvement Act of 1998 (title IV, Pub. L. 105-277; Oct. 21, 1998). Those changes placed additional obligations on ``H-1B-dependent'' employers (generally, those with work forces comprised of more than 15 percent H-1B workers) and on willful violators. These employers must recruit for U.S. workers, hire U.S. workers who are at least as qualified as H-1B workers, and not displace U.S. workers by hiring H-1B workers or placing them at another employer's job site. The 1998 amendments also imposed additional obligations on all H-1B employers, such as offering benefits to H-1B workers on the same basis and according to the same criteria as offered to U.S. workers, and payment to H-1B workers during periods they are not working for an employment- related reason. The 1999 proposed rule also requested further public comment on earlier proposed provisions published in October 1995, and on particular interpretations of the statute and of the existing regulations [[Page 37801]] which the Department proposed to incorporate into the regulations. Since publishing the proposed rule, Congress enacted further amendments to theH-1B provisions under the American Competitiveness in the Twenty- First Century Act of 2000 (Pub. L. 106-313; Oct. 17, 2000), the Immigration and Nationality Act - Amendments (Pub. L. 106-311; Oct. 17, 2000), and section 401 of the Visa Waiver Permanent Program Act (Pub. L. 106-396; Oct. 30, 2000). Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/31/95 60 FR 55339 NPRM Comment Period End 11/30/95 NPRM 01/05/99 64 FR 628 NPRM Comment Period End 02/04/99 Interim Final Rule 12/20/00 65 FR 80110 Interim Final Rule Effective 01/19/01 Interim Final Rule Comment Period End 04/23/01 66 FR 10865 Final Action To Be Determined Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Additional Information: On December 20, 2000, the Department published an interim final rule to implement the recent amendments and clarify the existing rules, and requested further public comment on those provisions. Agency Contact: Alfred B. Robinson, Acting Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue NW., FP Building, S3502, Washington, DC 20210 Phone: 202 693-0051 Fax: 202 693-1302

[ ... ]

RIN: 1205-AB32 [[Page 37805]] _______________________________________________________________________ 1934. POST-ADJUDICATION AUDITS OF H-2B PETITIONS OTHER THAN LOGGING IN THE UNITED STATES Priority: Other Significant Legal Authority: 8 USC 1101(a)(15)(H)(ii)(b); 8 USC 1184; 29 USC 49 et seq CFR Citation: 8 CFR 214.2(h)(5); 20 CFR 655.1 to 655.4 Legal Deadline: None Abstract: Under the redesigned H-2B temporary nonagricultural program employers seeking to import H-2B workers, except for applications filed for employment on Guam or in logging, will file directly with the Department of Homeland Security (DHS). The employer will be required to conduct recruitment before filing its petition. The petition will include a number of attestations concerning labor market and related issues. DHS will administer the petition adjudication process. After adjudication, the Department of Labor (DOL) will audit selected approved petitions. In such audits, DOL will exclusively examine whether the employer has complied with those aspects of the approved petition related to the labor market and other related attestations. Employers will be expected to have documentation available supporting their attestations as specified in the regulation and will be required to provide this supporting documentation to DOL within 30 days from notice of audit. If, after completion of the audit, DOL determines that the employer has failed to comply with the terms of the attestations contained in the DHS petition or made material misrepresentations in its attestation, DOL will, after notice to the employer and opportunity for a hearing, recommend to DHS that the employer be debarred, for a period up to three years. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 09/00/04 Regulatory Flexibility Analysis Required: No Government Levels Affected: State Agency Contact: William L. Carlson, Chief, Division of Foreign Labor Certification, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room C4318 FP Building, Washington, DC 20210 Phone: 202 693-3989 Fax: 202 693-2760 Email: carlson.william@dol.gov RIN: 1205-AB36 _______________________________________________________________________ 1935. [bullet][ls-thn-eq] LABOR CONDITION APPLICATIONS FOR EMPLOYERS USING NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION MODELS; FILING PROCEDURES Priority: Other Significant Legal Authority: 8 USC 1182(n) CFR Citation: 20 CFR 655.720; 20 CFR 655.730 Legal Deadline: None Abstract: Currently, Department of Labor Regulations (hereinafter Department or DOL) allows employers to file labor condition applications (LCA) electronically, by facsimile transmission (FAX), and by mail. The Department seeks comments on a proposal to eliminate the provision that allows employers to file LCAs by (FAX). Employers that could not file LCAs electronically due to physical impairments would be allowed to submit LCAs by mail. The Rulemaking would also inform employers of an impending change in address for the submission of LCA by mail. The Department believes the e-filing process will ensure expeditious processing of H-2B petitions and limit the number of potentially incomplete applications. In addition it will ease the filing burden on employers. Through e-filing the Department will be better able to capture statistics and analyze H-1B program data to identify areas that need improvement as well as any fraud or abuse that may lead to future administrative, civil or criminal enforcement actions against H-1B employers or alien beneficiaries. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 11/00/04 NPRM Comment Period End 12/00/04 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: William L. Carlson, Chief, Division of Foreign Labor Certification, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room C4318 FP Building, Washington, DC 20210 Phone: 202 693-3989 Fax: 202 693-2760 Email: carlson.william@dol.gov RIN: 1205-AB39 _______________________________________________________________________ Department of Labor (DOL) Final Rule Stage Employment and Training Administration (ETA) _______________________________________________________________________ 1936. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES Priority: Other Significant Legal Authority: 29 USC 49 et seq; 8 USC 1182(a)(5)(A), 1189(p)(1) CFR Citation: 20 CFR 656 Legal Deadline: None Abstract: The Employment and Training Administration (ETA) is in the process of reengineering the permanent labor certification process. ETA's goals are to make fundamental changes and refinements that will streamline the process, save resources, improve the effectiveness of the program and better serve the Department of Labor's (DOL) customer. Statement of Need: The labor certification process has been described as being complicated, costly and time consuming. Due to the increases in the volume of applications received and a lack of adequate resources, it can take up to 2 years or more to complete processing an application. The process also requires substantial State and Federal resources to administer and is reportedly costly and burdensome to employers as well. Cuts in Federal funding for both the permanent labor certification program and the U.S. Employment Service have made it difficult for State and Federal administrators to keep up with the [[Page 37806]] process. ETA, therefore, is taking steps to improve effectiveness of the various regulatory requirements and the application processing procedures, with a view to achieving savings in resources both for the Government and employers, without diminishing protections now afforded U.S. workers by the current regulatory and administrative requirements. Summary of Legal Basis: Promulgation of these regulations is authorized by section 212(a)(5)(A) of the Immigration and Nationality Act. Alternatives: Regulatory alternatives are now being developed by the Department. The public was afforded an opportunity to comment on the Department's plans for streamlining the permanent labor certification process in a notice of proposed rulemaking which was published in the Federal Register on May 6, 2002. Anticipated Cost and Benefits: Preliminary estimates of the anticipated costs and benefits have not been determined at this time. Preliminary estimates will be developed after a decision is made as to what regulatory amendments are necessary and after the implementing forms and automated systems to support a streamlined permanent labor certification process have been developed. Risks: This action does not affect public health, safety, or the environment. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 05/06/02 67 FR 30465 NPRM Comment Period End 07/05/02 67 FR 30466 Final Action 07/00/04 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal, State Agency Contact: William L. Carlson, Chief, Division of Foreign Labor Certification, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room C4318 FP Building, Washington, DC 20210 Phone: 202 693-3989 Fax: 202 693-2760 Email: carlson.william@dol.gov RIN: 1205-AA66 _______________________________________________________________________ 1937. [bullet][ls-thn-eq] LABOR CERTIFICATION FOR THE PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES; BACKLOG REDUCTION Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 8 USC 1182(a)(5)A) CFR Citation: 20 CFR 656 Legal Deadline: None Abstract: Seeks comment on a proposed amendment to the regulations governing labor certification applications for the permanent employment of aliens in the United States. To reduce an existing backlog in pending applications for permanent employment certification, the amendment would allow that National Certifying Officer to transfer to a centralized ETA processing center(s) applications that are awaiting processing by State Workforce Agencies (SWA's) or ETA Regional Offices or ETA regional offices. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Interim Final Rule 07/00/04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: William L. Carlson, Chief, Division of Foreign Labor Certification, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room C4318 FP Building, Washington, DC 20210 Phone: 202 693-3989 Fax: 202 693-2760 Email: carlson.william@dol.gov RIN: 1205-AB37 _______________________________________________________________________ 1938. [bullet][ls-thn-eq] LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION MODELS; LABOR ATTESTATIONS RE H-1B VISAS AND CHILE AND SINGAPORE Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: PL 108-77 sec 402; PL 108-78 sec 402 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The Department of Labor intends to amend its regulations relating to the temporary employment of foreign professionals to implement procedural requirements applicable to a new visa category - the H-1B1 visa. Congress created the new visa category as part of its approval of the Chile-United States Free Trade Agreement and the Singapore-United States Free Trade Agreement. Under the implementing legislation and the Chile and Singapore agreements, the H-1B1 program is to be implemented in a manner similar to the existing H-1B program for temporary employment in specialty occupations and as fashion models. Employers in the United States seeking to temporarily employ foreign professionals in specialty occupations through H-1B1 visas must file a labor condition application with the Department of Labor making the same attestations regarding payment of prevailing wages, working conditions, absence of strikes or lockouts, and notice to other employees that employers currently make when seeking entry of a foreign worker under the H-1B program. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Interim Final Rule 08/00/04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: William L. Carlson, Chief, Division of Foreign Labor Certification, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room C4318 FP Building, Washington, DC 20210 Phone: 202 693-3989 Fax: 202 693-2760 Email: carlson.william@dol.gov RIN: 1205-AB38 [[Page 37807]] _______________________________________________________________________ Department of Labor (DOL) Long-Term Actions Employment and Training Administration (ETA) _______________________________________________________________________ 1939. ATTESTATIONS BY FACILITIES TEMPORARILY EMPLOYING H-1C NONIMMIGRANT ALIENS AS REGISTERED NURSES Priority: Other Significant Legal Authority: 29 USC 49 et seq; 8 USC 1101(a)(15)(H)(i)(c); 8 USC 1182(m); 8 USC 1184; PL 106-95, 113 Stat. 1312 CFR Citation: 20 CFR 655, subparts L and M Legal Deadline: Final, Statutory, February 11, 2000. Abstract: The Nursing Relief for Disadvantaged Areas Act of 1999 (P.L. 106-95; November 12, 1999) amended the Immigration and Nationality Act to create a new temporary visa program for nonimmigrant aliens to work as registered nurses for up to three years in facilities serving health professional shortage areas, subject to certain conditions. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Interim Final Rule 08/22/00 65 FR 51137 Interim Final Rule Comment Period End 09/21/00 Interim Final Rule Effective 09/21/00 Next Action Undetermined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Local, Federal Agency Contact: Michael Ginley, Director, Office of Enforcement Policy, Department of Labor, Room S3510, 200 Constitution Avenue NW, FP Building, Room S3510, Washington, DC 20210 Phone: 202 693-0745

[ ... ]



Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here: