Temporary Non-agricultural Employment of H-2B Aliens in the United States

Docket ID: ETA-2011-0001
Agency: Employment and Training Administration (ETA)
Parent Agency: Department of Labor (DOL)
The Department of Labor (the Department or DOL) proposes to amend its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This Notice of Proposed Rulemaking (NPRM or proposed rule) proposes to revise and solicits comments on the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. The Department also proposes to create new regulations to provide for increased worker protections for both U.S. and foreign workers and enhanced enforcement under the H-2B program.
RIN: 1205-AB58
Impacts and Effects: None
CFR Citation: 20 CFR 655
Priority: Economically Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Fall 2012
Agenda Stage of Rulemaking: Completed Action
Major Rule: Yes
Legal Authorities: 8 USC 1101(a)(15)(H)(ii)(B)), 8 USC 1184(c)(1), 8 CFR 214.2(h)
Legal Deadlines: None
Government Levels Affected: State
Federalism Implications: No
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: No
Small Entities Affected: No
International Impacts: No
Energy Effects: No
Included in Regulatory Plan: Yes
ActionDateFR Citation
NPRM03/18/201176 FR 15130
NPRM Comment Period End05/17/2011
Final Rule02/21/201277 FR 10038
Final Rule Effective04/23/2012
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Type: Rulemaking
Program: Office of Foreign Labor Certification 

Primary Documents

View All  (1)
Comment Period Closed
May 17, 2011 11:59 PM ET
Proposed Rule
Posted: 03/18/2011
ID: ETA-2011-0001-0001

Supporting Documents

View All  (1)
Comments Not Accepted
Supporting & Related Material
Posted: 05/26/2011
ID: ETA-2011-0001-0457


View All  (457)

Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Current Stage
Agency Contact
William L. Carlson Ph.D.
Administrator, Office of Foreign Labor Certification
Room C-4312, FP Building, 200 Constitution Avenue NW., Washington, DC 20210
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.