October 2, 2009

ETA REGIONAL INFORMATION ALERT     110-09, Change 01

ORIGINATING OFFICE:     Region 5

SUBJECT:    Notice of Proposed Rulemaking – Temporary Agricultural Employment of H-2A Aliens in the United States. RIN 1205-AB55

PROGRAM(S): Labor Certification, WIA, Wagner-Peyser

1.  Purpose.  To transmit an amendment to the notice of proposed rulemaking to reexamine 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–2A status.

2.  References.   Federal Register, Vol. 74, No. 190, October 2, 2009, pp. 50929-50930; Federal Register, Vol. 74, No. 171, September 4, 2009, pp. 45906-45965, Information Alert 110-09.

3.  Links.  This Alert is in the Regional Resources website archive at: http://www.doleta.gov/regions/regionalresources/

Link to the Federal Register attachment for October 2^nd (.pdf)

Link to the Federal Register attachment for September 4^th (.pdf)

4.  Substance:  The Employment and Training Administration and the Employment Standards Administration issued a proposed rule on September 4, 2009, to amend its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural (H–2A) employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. The proposed rule provided a comment period for the regulatory text through October 5, 2009. The agencies have received several requests to extend the comment period and have decided to extend the comment period for an additional 15 days, to October 20, 2009.The comment period for the Paperwork Reduction Act portion remains the same as published, i.e. November 5, 2009.

5. Action:  Program administrators are requested to share this Information Alert with appropriate staff and other agencies. Submit comments, identified by Regulatory Information Number (RIN) 1205-AB55, on or before October 20^th by one of the following methods:

Internet:                Federal e-Rulemaking Portal

Mail/ Hand Delivery: 

Thomas Dowd, Administrator
Office of Policy Development and Research
US DOL/Employment and Training Administration
200 Constitution Avenue, NW
Room N-5641
Washington, DC 20210

6.  Contact.  For further information regarding 20 CFR part 655 contact William L. Carlson on 202.693.3010. For further information regarding 29 CFR parts 501, 780 and 788 contact James Kessler on 202.693.0070. Comments or questions about the format of this Alert may be directed to Robert Rainault on 312.596.5416.

7.  Expiration Date. October 20, 2009

8. Attachments.  Federal Register, Vol. 74, No. 190, October 2, 2009, pp. 50929-50930; Federal Register, Vol. 74, No. 171, September 4, 2009, pp. 45906-45965.