Wage Methodology for the Temporary Non-Agricultural Employment H–2B Program, Part 2

Docket ID: ETA-2013-0003
Agency: Employment and Training Administration (ETA)
Parent Agency: Department of Labor (DOL)

In an interim final rule (IFR) published in April, 2013, the Department of Homeland Security (DHS) and Department of Labor (DOL) amended their regulations governing the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with the application for employment certification of nonimmigrant workers in temporary or seasonal non-agricultural employment. That prevailing wage is then used by employers in petitioning the DHS to allow nonimmigrant workers to enter the U.S. in H-2B status. DOL and DHS jointly issued this rule in response to the court's order in Comite de Apoyo a los Trabajadores Agricolas v. Solis, which vacated a primary provision of DOL's prevailing wage rate regulation, and to ensure that the rule is in effect nationwide in light of other outstanding litigation. The IFR requested comments from the public on a variety of regulatory and policy issues, and the final rule considers the public's input and make revisions to the regulations as warranted.

RIN: 1205-AB69
Impacts and Effects: International, Small Entities (Business)
CFR Citation: 20 CFR 655,8 CFR 214
Priority: Other Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Spring 2015
Agenda Stage of Rulemaking: Completed Action
Major Rule: No
Legal Authorities: 8 U.S.C. 1101(a)(15)(H)(ii)(b), 8 U.S.C. 1184(c)
Government Levels Affected: No
Federalism Implications: No
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: No
Small Entities Affected: Business
International Impacts: Yes
Energy Effects: No
Included in Regulatory Plan: No
Legal Deadline
JudicialOtherJudicial order03/21/2013
ActionDateFR Citation
Interim Final Rule04/24/201378 FR 24047
Interim Final Rule Effective04/24/2013
Interim Final Rule Comment Period End06/10/2013
Final Rule04/29/201580 FR 24145
Final Rule Effective04/29/2015
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Type: Rulemaking
Program: Office of Foreign Labor Certification 

Primary Documents

View All  (2)
Comment Period Closed
Jun 10, 2013 11:59 PM ET
Posted: 04/24/2013
ID: ETA-2013-0003-0001
Comment Period Closed
Posted: 04/29/2015
ID: ETA-2013-0003-0318

Supporting Documents

No documents available.


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Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Current Stage
Agency Contact
Lauren Bernstein
Acting Manager, Division of Policy
Office of Foreign Labor Certification, 200 Constitution Avenue NW., Room C-4312, FP Building
Washington, DC 20210
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.