[Federal Register Volume 74, Number 170 (Thursday, September 3, 2009)]
[Rules and Regulations]
[Pages 45560-45561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21274]


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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

RIN 1205-AB54


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; 
Correction

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Technical correction.

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SUMMARY: This document contains a correction to the Final Rule of the 
H-2B program that was published on December 19, 2008. The Final Rule 
re-engineers the application filing and review process by centralizing 
processing and by enabling employers to conduct pre-filing recruitment 
of United States (U.S.) workers. In addition, the rule enhances the 
integrity of the H-2B program through the introduction of post-
adjudication audits and procedures for penalizing employers who fail to 
meet program requirements. This rule also makes technical changes to 
both the H-1B and the permanent labor certification program regulations 
to reflect operational changes stemming from this regulation.

DATES: This technical correction is effective September 3, 2009. The 
technical correction is applicable beginning January 18, 2009.

FOR FURTHER INFORMATION CONTACT: For information on the labor 
certification process governed by this correction, contact William L. 
Carlson, Administrator, Office of Foreign Labor Certification, 
Employment and Training Administration, U.S. Department of Labor, 200 
Constitution Avenue, NW., Room C-4312, Washington, DC 20210. Telephone: 
(202) 693-3010 (this is not a toll-free number). Individuals with 
hearing or speech impairments may access the telephone via TTY by 
calling the toll-free Federal Information Relay Service at 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: 

Background

    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.

Need for Correction

    As published, the final regulation erroneously removed a paragraph 
of Sec.  655.731 that the Department had intended to remain. The 
intention of this Notice is to reestablish that paragraph.

[[Page 45561]]

List of Subjects in 20 CFR Part 655

    Administrative practice and procedure, Foreign workers, Employment, 
Employment and training, Enforcement, Forest and forest products, 
Fraud, Health professions, Immigration, Labor, Longshore and harbor 
work, Migrant labor, Passports and visas, Penalties, Reporting and 
recordkeeping requirements, Unemployment, Wages, Working conditions.

0
Accordingly, 20 CFR Part 655 is amended by making the following 
technical correction:

PART 655--TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES

Subpart H--Labor Condition Applications and Requirements for 
Employers Using Nonimmigrants on H-1B Visas in Specialty 
Occupations and as Fashion Models, and Labor Attestation 
Requirements for Employers Using Nonimmigrants on H-1B1 Visas in 
Specialty Occupations

0
1. The authority citation for part 655, Subpart H continues to read as 
follows:

    8 U.S.C. 1101(a)(15)(H)(i)(b) and (b)(1), 1182(n) and (t), and 
1184(g) and (j); sec. 303(a)(8), Public Law 102-232, 105 Stat. 1733, 
1748 (8 U.S.C. 1101 note); sec. 412(e), Public Law 105-277, 112 
Stat. 2681; and 8 CFR 214.2(h).


0
2. Amend Sec.  655.731 by adding paragraph (a)(2)(ii)(C) to read as 
follows:


Sec.  655.731  What is the first LCA requirement, regarding wages?

    (a) * * *
    (2) * * *
    (ii) * * *
    (C) Another legitimate source of wage information. The employer may 
rely on other legitimate sources of wage data to obtain the prevailing 
wage. The other legitimate source survey must meet all the criteria set 
forth in paragraph (b)(3)(iii)(C) of this section. The employer will be 
required to demonstrate the legitimacy of the wage in the event of an 
investigation.
* * * * *

    Signed in Washington, DC, this 28th day of August 2009.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. E9-21274 Filed 9-2-09; 8:45 am]
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