September 10, 2009

ETA REGIONAL INFORMATION ALERT NO. 109-09

ORIGINATING OFFICE:  Region 5

SUBJECT:  Notice – Correction: Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. RIN 1205-AB54

PROGRAMS: Labor Certification, WIA, Wagner-Peyser

1.  Purpose. To transmit a notice of correction to the Final Rule of the H-2B program, 20 CFR Part 655.

2.  References. Federal Register, Vol. 74, No. 170, September 3, 2009, pp. 45560-45561; Information Alert No. 019-09; 73 FR 78020.

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.  Substance. On December 19, 2008 the Department of Labor’s (Department) Employment and Training Administration (ETA) published a Final Rule titled ‘‘Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H–2B Workers), and Other Technical Changes.’’ It has come to ETA’s attention that due to a technical oversight a certain part of the final regulations was deleted from the Final Rule publication. The Department did not intend to remove this language from the regulations and through this correction notice the Department seeks to reinsert the inadvertently deleted language. As published, the final regulation erroneously removed a paragraph of § 655.731 that the Department had intended to remain. The intention of this Notice is to reestablish that paragraph. This technical correction is effective September 3, 2009. The technical correction is applicable beginning January 18, 2009.

5. Action. Program administrators are request to share this Information Alert with appropriate staff and other agencies.

6. Contact. Questions and comments about this notice may be directed to William L. Carlson on 202.693.3010. Questions or comments about the format of this Alert may be directed to Robert Rainault on 312.596.5416.

7. Expiration Date. Continuing

8. Attachment. Federal Register, Vol. 74, No. 170, September 3, 2009, pp. 45560-45561.