20 CFR 655.1100 - What are the purposes, procedures and applicability of these regulations in subparts L and M of this part? | Title 20 - Employees' Benefits | Code of Federal Regulations

prev | next

§ 655.1100

What are the purposes, procedures and applicability of these regulations in subparts L and M of this part?

(a) Purpose. The Immigration and Nationality Act (INA), as amended by the Nursing Relief for Disadvantaged Areas Act of 1999, establishes the H-1C nonimmigrant visa program to provide qualified nursing professionals for narrowly defined health professional shortage areas. Subpart L of this part sets forth the procedure by which facilities seeking to use nonimmigrant registered nurses must submit attestations to the Department of Labor demonstrating their eligibility to participate as facilities, their wages and working conditions for nurses, their efforts to recruit and retain United States workers as registered nurses, the absence of a strike/lockout or layoff, notification of nurses, and the numbers of and worksites where H-1C nurses will be employed. Subpart M of this part sets forth complaint, investigation, and penalty provisions with respect to such attestations.

(b) Procedure. The INA establishes a procedure for facilities to follow in seeking admission to the United States for, or use of, nonimmigrant nurses under H-1C visas. The procedure is designed to reduce reliance on nonimmigrant nurses in the future, and calls for the facility to attest, and be able to demonstrate in the course of an investigation, that it is taking timely and significant steps to develop, recruit, and retain U.S. nurses. Subparts L and M of this part set forth the specific requirements of those procedures.

(c) Applicability. (1) Subparts L and M of this part apply to all facilities that seek the temporary admission or use of H-1C nonimmigrants as registered nurses.

(2) During the period that the provisions of Appendix 1603.D.4 of Annex 1603 of the North American Free Trade Agreement (NAFTA) apply, subparts L and M of this part shall apply to the entry of a nonimmigrant who is a citizen of Mexico under the provisions of section D of Annex 1603 of NAFTA. Therefore, the references in this part to “H-1C nurse” apply to such nonimmigrants who are classified by USCIS as “TN.”

Title 20 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 20.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2013-04-24; vol. 78 # 79 - Wednesday, April 24, 2013

78 FR 24047 - Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-09723
RIN	1615-AC02
CIS No.	2536-13

DEPARTMENT OF LABOR, DEPARTMENT OF HOMELAND SECURITY, Employment and Training Administration

Interim final rule; request for comments.

This interim final rule is effective April 24, 2013. Interested persons are invited to submit written comments on this interim final rule on or before June 10, 2013.

8 CFR Part 214

Summary

The Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This interim final rule revises how DOL provides the consultation that DHS has determined is necessary to adjudicate H-2B petitions by revising 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 certification; the prevailing wage is then used in petitioning DHS to employ nonimmigrant workers in H-2B status. DOL and DHS are jointly issuing this rule in response to the court's order in Comité de Apoyo a los Trabajadores Agricolas v. Solis, which vacated portions of DOL's current prevailing wage rate regulation, and to ensure that there is no question that the rule is in effect nationwide in light of other outstanding litigation. This rule also contains certain revisions to DHS's H-2B rule to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classification, after consulting with DOL for its advice about matters with which DOL has expertise, particularly, in this case, questions about the methodology for setting the prevailing wage in the H-2B program.

2013-03-29; vol. 78 # 61 - Friday, March 29, 2013

78 FR 19098 - Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-07431
RIN	1205-AB61

DEPARTMENT OF LABOR, Employment and Training Administration

Final rule; delay of effective date.

The effective date of the rule amending 20 CFR part 655, published at 76 FR 3452 (January 19, 2011), originally effective January 1, 2012, and which was previously made effective September 30, 2011, at 76 FR 45667 (August 1, 2011); delayed to November 30, 2011, at 76 FR 59896 (September 28, 2011); to January 1, 2012, at 76 FR 73508 (November 29, 2011); to October 1, 2012, at 76 FR 82115 (December 30, 2011); and to March 27, 2013, at 77 FR 60040 (October 2, 2012), is now delayed until October 1, 2013.

20 CFR Part 655

Summary

The Department of Labor is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule (the Wage Rule), in order to address legislation that prohibits any funds from being used to implement the Wage Rule for the remainder of fiscal year (FY) 2013. The Wage Rule revised the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status.

2012-10-02; vol. 77 # 191 - Tuesday, October 2, 2012

77 FR 60040 - Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-24264
RIN	1205-AB61

DEPARTMENT OF LABOR, Employment and Training Administration

Final rule; delay of effective date.

The effective date for the final rule amending 20 CFR part 655, published at 76 3452, January 19, 2011, effective January 1, 2012, amended to September 30, 2011, at 76 FR 45667, August 1, 2011, delayed until November 30, 2011, at 76 FR 59896 (September 28, 2011), delayed until January 1, 2012, at 76 FR 73508 (November 29, 2011), and delayed until October 1, 2012 at 76 FR 82115 (December 30, 2011), is further delayed until March 27, 2013.

20 CFR Part 655

Summary

The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule, in response to recently enacted legislation that prohibits any funds from being used to implement the Wage Rule for the first 6 months of fiscal year (FY) 2013. The Wage Rule revised the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status.

2012-05-16; vol. 77 # 95 - Wednesday, May 16, 2012

77 FR 28764 - Temporary Non-agricultural Employment of H-2B Aliens in the United States

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-11859
RIN	1205-AB58

DEPARTMENT OF LABOR, Employment and Training Administration

Guidance.

This guidance is effective May 16, 2012.

20 CFR Part 655

Summary

The Department of Labor (the Department) is providing notice of the judicial order enjoining the Department from implementing and enforcing the Temporary Non-agricultural Employment of H-2B Aliens in the United States, published February 21, 2012 (the 2012 H-2B Final Rule). The 2012 H-2B Final Rule revised the requirements by which employers seeking H-2B workers apply for a temporary labor certification for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. The effective date of the 2012 H-2B Final Rule was April 23, 2012. The operative date of the 2012 H-2B Final Rule was April 27, 2012. This document provides guidance to the regulated community of the injunction, by judicial order, of the 2012 H-2B Final Rule and the continuing effectiveness of the 2008 H-2B Rule until such time as further judicial or other action suspends or otherwise nullifies the order in the Bayou II litigation.

2012-04-23; vol. 77 # 78 - Monday, April 23, 2012

77 FR 24137 - Changes to the Labor Certification Process for the Temporary Non-Agricultural Employment of H-2B Aliens in the United States; Revisions to Transition Period

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-9612
RIN	1205-AB58

DEPARTMENT OF LABOR, Employment and Training Administration

Guidance.

This guidance is effective April 23, 2012.

20 CFR Part 655

Summary

On February 21, 2012, the Department of Labor (the Department or DOL) published a Final Rule amending H-2B regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. On March 20, 2012, the Department published guidance informing employers of the dates by which their H-2B application must be postmarked in order to be governed by the Final Rule. This guidance revises these dates so that the Final Rule will become operative 60 days after it was reported to Congress.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 8 - ALIENS AND NATIONALITY

§ 1101 - Definitions

§ 1182 - Inadmissible aliens

§ 1182 note - Inadmissible aliens

§ 1184 - Admission of nonimmigrants

§ 1184 note - Admission of nonimmigrants

§ 1188 - Admission of temporary H–2A workers

§ 1288 - Limitations on performance of longshore work by alien crewmen

Statutes at Large

107 Stat. 2149

112 Stat. 2681

120 Stat. 2900

Title 20 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR 655 after this date.

2013-04-24; vol. 78 # 79 - Wednesday, April 24, 2013

78 FR 24047 - Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-09723
RIN	1615-AC02
CIS No.	2536-13

DEPARTMENT OF LABOR, DEPARTMENT OF HOMELAND SECURITY, Employment and Training Administration

Interim final rule; request for comments.

This interim final rule is effective April 24, 2013. Interested persons are invited to submit written comments on this interim final rule on or before June 10, 2013.

8 CFR Part 214

Summary

The Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This interim final rule revises how DOL provides the consultation that DHS has determined is necessary to adjudicate H-2B petitions by revising 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 certification; the prevailing wage is then used in petitioning DHS to employ nonimmigrant workers in H-2B status. DOL and DHS are jointly issuing this rule in response to the court's order in Comité de Apoyo a los Trabajadores Agricolas v. Solis, which vacated portions of DOL's current prevailing wage rate regulation, and to ensure that there is no question that the rule is in effect nationwide in light of other outstanding litigation. This rule also contains certain revisions to DHS's H-2B rule to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classification, after consulting with DOL for its advice about matters with which DOL has expertise, particularly, in this case, questions about the methodology for setting the prevailing wage in the H-2B program.

2013-03-29; vol. 78 # 61 - Friday, March 29, 2013

78 FR 19098 - Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-07431
RIN	1205-AB61

DEPARTMENT OF LABOR, Employment and Training Administration

Final rule; delay of effective date.

The effective date of the rule amending 20 CFR part 655, published at 76 FR 3452 (January 19, 2011), originally effective January 1, 2012, and which was previously made effective September 30, 2011, at 76 FR 45667 (August 1, 2011); delayed to November 30, 2011, at 76 FR 59896 (September 28, 2011); to January 1, 2012, at 76 FR 73508 (November 29, 2011); to October 1, 2012, at 76 FR 82115 (December 30, 2011); and to March 27, 2013, at 77 FR 60040 (October 2, 2012), is now delayed until October 1, 2013.

20 CFR Part 655

Summary

The Department of Labor is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule (the Wage Rule), in order to address legislation that prohibits any funds from being used to implement the Wage Rule for the remainder of fiscal year (FY) 2013. The Wage Rule revised the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status.

2012-10-02; vol. 77 # 191 - Tuesday, October 2, 2012

77 FR 60040 - Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-24264
RIN	1205-AB61

DEPARTMENT OF LABOR, Employment and Training Administration

Final rule; delay of effective date.

The effective date for the final rule amending 20 CFR part 655, published at 76 3452, January 19, 2011, effective January 1, 2012, amended to September 30, 2011, at 76 FR 45667, August 1, 2011, delayed until November 30, 2011, at 76 FR 59896 (September 28, 2011), delayed until January 1, 2012, at 76 FR 73508 (November 29, 2011), and delayed until October 1, 2012 at 76 FR 82115 (December 30, 2011), is further delayed until March 27, 2013.

20 CFR Part 655

Summary

The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule, in response to recently enacted legislation that prohibits any funds from being used to implement the Wage Rule for the first 6 months of fiscal year (FY) 2013. The Wage Rule revised the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status.

2012-05-16; vol. 77 # 95 - Wednesday, May 16, 2012

77 FR 28764 - Temporary Non-agricultural Employment of H-2B Aliens in the United States

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-11859
RIN	1205-AB58

DEPARTMENT OF LABOR, Employment and Training Administration

Guidance.

This guidance is effective May 16, 2012.

20 CFR Part 655

Summary

The Department of Labor (the Department) is providing notice of the judicial order enjoining the Department from implementing and enforcing the Temporary Non-agricultural Employment of H-2B Aliens in the United States, published February 21, 2012 (the 2012 H-2B Final Rule). The 2012 H-2B Final Rule revised the requirements by which employers seeking H-2B workers apply for a temporary labor certification for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. The effective date of the 2012 H-2B Final Rule was April 23, 2012. The operative date of the 2012 H-2B Final Rule was April 27, 2012. This document provides guidance to the regulated community of the injunction, by judicial order, of the 2012 H-2B Final Rule and the continuing effectiveness of the 2008 H-2B Rule until such time as further judicial or other action suspends or otherwise nullifies the order in the Bayou II litigation.

2012-04-23; vol. 77 # 78 - Monday, April 23, 2012

77 FR 24137 - Changes to the Labor Certification Process for the Temporary Non-Agricultural Employment of H-2B Aliens in the United States; Revisions to Transition Period

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-9612
RIN	1205-AB58

DEPARTMENT OF LABOR, Employment and Training Administration

Guidance.

This guidance is effective April 23, 2012.

20 CFR Part 655

Summary

On February 21, 2012, the Department of Labor (the Department or DOL) published a Final Rule amending H-2B regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. On March 20, 2012, the Department published guidance informing employers of the dates by which their H-2B application must be postmarked in order to be governed by the Final Rule. This guidance revises these dates so that the Final Rule will become operative 60 days after it was reported to Congress.

20 CFR 655.1100 - What are the purposes, procedures and applicability of these regulations in subparts L and M of this part?

CFR Toolbox

Law about... Articles from Wex

Find a Lawyer

Get Involved