Temporary Agricultural Employment of H-2A Aliens in the United States; Ratification of Department's Actions, 2609-2610 [2025-00525]
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Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations
By order of the Board of Governors of the
Federal Reserve System, acting through the
Secretary of the Board under delegated
authority.
Ann E. Misback,
Secretary of the Board.
[FR Doc. 2025–00419 Filed 1–10–25; 8:45 am]
BILLING CODE 6210–01–P
DEPARTMENT OF LABOR
Employment and Training
Administration
20 CFR Parts 653 and 655
Wage and Hour Division
29 CFR Part 501
[DOL Docket No. ETA–2009–0004]
Temporary Agricultural Employment of
H–2A Aliens in the United States;
Ratification of Department’s Actions
Employment and Training
Administration and Wage and Hour
Division, Department of Labor.
ACTION: Ratification.
AGENCY:
The Department of Labor is
publishing notification of the Assistant
Secretary for Employment and
Training’s and the Administrator of the
Wage and Hour Division’s ratification of
the rule published February 10, 2010,
titled Temporary Agricultural
Employment of H–2A Aliens in the
United States.
DATES: This ratification was signed on
January 7, 2025.
FOR FURTHER INFORMATION CONTACT:
For further information regarding 20
CFR part 655, contact Brian Pasternak,
Administrator, Office of Foreign Labor
Certification, Employment and Training
Administration, U.S. Department of
Labor, 200 Constitution Avenue NW,
Room N–5311, Washington, DC 20210,
telephone: (202) 693–8200 (this is not a
toll-free number).
For further information regarding 29
CFR part 501, contact Daniel Navarrete,
Director of the Division of Regulations,
Legislation, and Interpretation, Wage
and Hour Division, Department of
Labor, Room S–3502, 200 Constitution
Avenue NW, Washington, DC 20210,
telephone: (202) 693–0406 (this is not a
toll-free number).
Individuals with hearing or speech
impairments may access the telephone
numbers above via Teletypewriter
(TTY)/Telecommunications Device for
the Deaf (TDD) by calling the toll-free
Federal Information Relay Service at 1
(877) 889–5627.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
18:15 Jan 09, 2025
Jkt 265001
SUPPLEMENTARY INFORMATION:
I. Background
On September 4, 2009, the
Department of Labor (‘‘DOL’’ or
‘‘Department’’) issued a notice of
proposed rulemaking (‘‘NPRM’’) in the
Federal Register (‘‘FR’’) to amend its
regulations regarding the certification of
temporary employment of
nonimmigrant workers employed in
temporary or seasonal agricultural
employment and the enforcement of the
obligations applicable to employers of
such nonimmigrant workers. See
Temporary Agricultural Employment of
H–2A Aliens in the United States, 74 FR
45906 (Sept. 4, 2009) (‘‘NPRM’’). The
NPRM was open for public comment for
45 days until October 5, 2009. See
Temporary Agricultural Employment of
H–2A Aliens in the United States, 75 FR
6884 (Feb. 12, 2010) (‘‘Final Rule’’).
On February 12, 2010, DOL published
a final rule in the FR that adopted much
of the regulatory text proposed in the
NPRM, with some important changes.
See Final Rule, 75 FR at 6884. The Final
Rule included improvements to the
application processing procedures,
worker protections, and program
integrity measures. The Final Rule went
into effect on March 15, 2010.
Since publication of the Final Rule, a
question has been raised in litigation
concerning whether a separate rule,
Adverse Effect Wage Rate Methodology
for the Temporary Employment of H–2A
Nonimmigrants in the Non-Range
Occupations in the United States, 88 FR
12760 (Feb. 28, 2023), was approved by
the Attorney General in consultation
with the Secretary of Labor and the
Secretary of Agriculture. 8 U.S.C. 1188,
Statutory Note.1 Further, on November
25, 2024, the Secretary of Homeland
Security, in consultation with the
Secretary of Labor and Secretary of
Agriculture, approved the Final Rule.
To resolve any possible uncertainty
with respect to the Final Rule, the
Department, through its Assistant
Secretary for Employment and Training
and its Administrator of the Wage and
Hour Division, is ratifying the Final
Rule. Under established case law, an
agency may, through ratification,
‘‘purge[ ] any residual taint or prejudice
left over from’’ a potential defect in a
prior governmental action.2 The
Department is issuing this ratification
out of an abundance of caution, and this
1 Although this provision vests approval authority
in the ‘‘Attorney General,’’ the Secretary of
Homeland Security now may exercise this
authority. See 6 U.S.C. 202(3)–(4), 251, 271(b), 291,
551(d)(2), 557; 8 U.S.C. 1103(c) (2000).
2 Guedes v. Bureau of Alcohol, Tobacco, Firearms
& Explosives, 920 F.3d 1, 13 (D.C. Cir. 2019).
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
2609
ratification is not a statement that the
Final Rule is invalid absent this
ratification.
II. Ratification
By virtue of the authority vested in
the Secretary of Labor by law, including
by the Immigration and Nationality Act
of 1952, as amended, 8 U.S.C. 1101 et
seq. (‘‘INA’’), and as delegated to the
Assistant Secretary for Employment and
Training, 75 FR 66268, and the
Administrator of the Wage and Hour
Division, 75 FR 55352, we are affirming
and ratifying a prior action by Jane
Oates, Assistant Secretary for
Employment and Training, and Nancy
Leppink, Deputy Administrator of the
Wage and Hour Division. On February
12, 2010, the Employment and Training
Administration and the Wage and Hour
Division published in the FR the Final
Rule codifying amendments to the
Department’s regulations regarding the
certification of temporary employment
of nonimmigrant workers employed in
temporary or seasonal agricultural
employment and the enforcement of the
obligations applicable to employers of
such nonimmigrant workers. 75 FR 6884
(Feb. 12, 2010).
The Final Rule was signed by
Assistant Secretary Oates and Deputy
Administrator Leppink. We have full
and complete knowledge of the Final
Rule action taken by former Assistant
Secretary Oates and former Deputy
Administrator Leppink. Subsequent to
the Secretary of Homeland Security’s
documented approval of the Final Rule
dated November 25, 2024, in
consultation with the Secretary of Labor
and Secretary of Agriculture, and out of
an abundance of caution and to avoid
any doubt as to its validity, we have
independently evaluated the Final Rule
and the basis for adopting it. We have
determined that the amendments to the
regulations in the Final Rule are
consistent with the Secretary of Labor’s
statutory responsibility to certify that
there are insufficient able, willing, and
qualified U.S. workers available to
perform the needed work and that the
employment of H–2A workers will not
adversely affect the wages and working
conditions of workers in the United
States similarly employed. We have also
determined that the changes adopted in
the Final Rule strike an appropriate
balance between the statute’s competing
goals of providing employers with an
adequate supply of legal agricultural
labor and protecting the wages of
workers in the United States similarly
employed by improving the H–2A
application and temporary labor
certification process, strengthening
protections for workers, and enhancing
E:\FR\FM\13JAR1.SGM
13JAR1
2610
Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations
program integrity measures. We also
agree with the Department’s
certification that the Final Rule does not
have a significant economic impact on
a substantial number of small entities.
See Final Rule, 75 FR at 6953.
Therefore, pursuant to our authorities
as the Assistant Secretary for
Employment and Training and the
Administrator of the Wage and Hour
Division, and based on our independent
review of the action and the reasons for
taking it, we hereby affirm and ratify the
Final Rule, as of January 7, 2025,
including all regulatory analysis
certifications contained therein. This
action is taken without prejudice to any
right to litigate the validity of the Final
Rule as approved and published on
February 12, 2010. Nothing in this
action is intended to suggest any legal
defect or infirmity in the approval or
publication of the Final Rule.
José Javier Rodrı́guez,
Assistant Secretary, Employment and
Training Administration, Labor.
Jessica Looman,
Administrator, Wage and Hour Division,
Labor.
[FR Doc. 2025–00525 Filed 1–8–25; 4:15 pm]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Employment and Training
Administration
I. Background
20 CFR Parts 653 and 655
Wage and Hour Division
29 CFR Part 501
[DOL Docket No. ETA–2019–0007]
Temporary Agricultural Employment of
H–2A Nonimmigrants in the United
States; Ratification of Department’s
Actions
Employment and Training
Administration and Wage and Hour
Division, Department of Labor.
ACTION: Ratification.
AGENCY:
The Department of Labor is
publishing notification of the Assistant
Secretary for Employment and
Training’s and the Administrator of the
Wage and Hour Division’s ratification of
the rule published October 12, 2022,
titled Temporary Agricultural
Employment of H–2A Nonimmigrants in
the United States.
DATES: This ratification was signed on
January 7, 2025.
FOR FURTHER INFORMATION CONTACT:
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
18:15 Jan 09, 2025
For further information regarding 20
CFR part 653, contact Kimberly Vitelli,
Administrator, Office of Workforce
Investment, Employment and Training
Administration, Department of Labor,
200 Constitution Avenue NW,
Washington, DC 20210, telephone: (202)
693–3980 (this is not a toll-free
number).
For further information regarding 20
CFR part 655, contact Brian Pasternak,
Administrator, Office of Foreign Labor
Certification, Employment and Training
Administration, U.S. Department of
Labor, 200 Constitution Avenue NW,
Room N–5311, Washington, DC 20210,
telephone: (202) 693–8200 (this is not a
toll-free number).
For further information regarding 29
CFR part 501, contact Daniel Navarrete,
Director of the Division of Regulations,
Legislation, and Interpretation, Wage
and Hour Division, Department of
Labor, Room S–3502, 200 Constitution
Avenue NW, Washington, DC 20210,
telephone: (202) 693–0406 (this is not a
toll-free number).
Individuals with hearing or speech
impairments may access the telephone
numbers above via Teletypewriter
(TTY)/Telecommunications Device for
the Deaf (TDD) by calling the toll-free
Federal Information Relay Service at 1
(877) 889–5627.
SUPPLEMENTARY INFORMATION:
Jkt 265001
On July 26, 2019, the Department of
Labor (‘‘DOL’’ or ‘‘Department’’) issued
a notice of proposed rulemaking
(‘‘NPRM’’) in the Federal Register
(‘‘FR’’) to amend its regulations
regarding the certification of temporary
employment of nonimmigrant workers
employed in temporary or seasonal
agricultural employment and the
enforcement of the obligations
applicable to employers of such
nonimmigrant workers. See Temporary
Agricultural Employment of H–2A
Nonimmigrants in the United States, 84
FR 36168 (July 26, 2019) (‘‘NPRM’’). The
NPRM was open for public comment for
60 days from July 26, 2019 until
September 24, 2019. See id. at 36168.
On October 12, 2022, DOL published
a final rule in the FR that adopted much
of the regulatory text proposed in the
NPRM, with some significant changes.
Temporary Agricultural Employment of
H–2A Nonimmigrants in the United
States, 87 FR 61660 (Oct. 12, 2022)
(‘‘Final Rule’’).1 The Final Rule
1 On January 11, 2021, DOL transmitted to the
Office of the Federal Register (‘‘OFR’’) a draft of an
unpublished draft final rule covering certain
aspects of the NPRM. On January 20, 2021, prior to
the draft final rule being published in the FR and
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
included improvements to the
minimum standards and conditions of
employment that employers must offer
to workers, improvements to program
integrity measures, such as program
debarment for substantial violations of
program requirements, revisions to the
standards and procedures for
determining prevailing wage rates, and
revisions to modernize and simplify the
temporary employment certification
process. The Final Rule went into effect
on November 14, 2022.
Since publication of the Final Rule, a
question has been raised in litigation
concerning whether a separate rule,
Adverse Effect Wage Rate Methodology
for the Temporary Employment of H–2A
Nonimmigrants in the Non-Range
Occupations in the United States, 88 FR
12760 (Feb. 28, 2023), was approved by
the Attorney General in consultation
with the Secretary of Labor and the
Secretary of Agriculture. 8 U.S.C. 1188,
Statutory Note.2 With respect to the
Final Rule, prior to its issuance in
October 2022, the Final Rule was
provided to the Departments of
Homeland Security and Agriculture
through the interagency review process
prescribed by Executive Order 12866.
On November 7, 2024, the Secretary of
Homeland Security, in consultation
with the Secretary of Labor and
Secretary of Agriculture, approved the
Final Rule.
To resolve any possible uncertainty
with respect to the Final Rule, the
Department, through its Assistant
Secretary for Employment and Training
and its Administrator of the Wage and
Hour Division, is ratifying the Final
Rule. Under established case law, an
agency may, through ratification,
‘‘purge[ ] any residual taint or prejudice
left over from’’ a potential defect in a
prior governmental action.3 The
Department is issuing this ratification
out of an abundance of caution, and this
ratification is not a statement that the
Final Rule is invalid absent this
ratification.
II. Ratification
By virtue of the authority vested in
the Secretary of Labor by law, including
prior to OFR making it available for public
inspection, DOL requested that OFR withdraw the
document from processing ‘‘for the purpose of
reviewing issues of law, fact, and policy raised by
the rule.’’ See Announcement, U.S. Department of
Labor Withdraws Forthcoming H–2A Temporary
Agricultural Program Rule for Review, (Jan. 20,
2021), https://perma.cc/CTW2-VH2U.
2 Although this provision vests approval authority
in the ‘‘Attorney General,’’ the Secretary of
Homeland Security now may exercise this
authority. See 6 U.S.C. 202(3)–(4), 251, 271(b), 291,
551(d)(2), 557; 8 U.S.C. 1103(c) (2000).
3 Guedes v. Bureau of Alcohol, Tobacco, Firearms
& Explosives, 920 F.3d 1, 13 (D.C. Cir. 2019).
E:\FR\FM\13JAR1.SGM
13JAR1
Agencies
[Federal Register Volume 90, Number 7 (Monday, January 13, 2025)]
[Rules and Regulations]
[Pages 2609-2610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00525]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Parts 653 and 655
Wage and Hour Division
29 CFR Part 501
[DOL Docket No. ETA-2009-0004]
Temporary Agricultural Employment of H-2A Aliens in the United
States; Ratification of Department's Actions
AGENCY: Employment and Training Administration and Wage and Hour
Division, Department of Labor.
ACTION: Ratification.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor is publishing notification of the
Assistant Secretary for Employment and Training's and the Administrator
of the Wage and Hour Division's ratification of the rule published
February 10, 2010, titled Temporary Agricultural Employment of H-2A
Aliens in the United States.
DATES: This ratification was signed on January 7, 2025.
FOR FURTHER INFORMATION CONTACT:
For further information regarding 20 CFR part 655, contact Brian
Pasternak, Administrator, Office of Foreign Labor Certification,
Employment and Training Administration, U.S. Department of Labor, 200
Constitution Avenue NW, Room N-5311, Washington, DC 20210, telephone:
(202) 693-8200 (this is not a toll-free number).
For further information regarding 29 CFR part 501, contact Daniel
Navarrete, Director of the Division of Regulations, Legislation, and
Interpretation, Wage and Hour Division, Department of Labor, Room S-
3502, 200 Constitution Avenue NW, Washington, DC 20210, telephone:
(202) 693-0406 (this is not a toll-free number).
Individuals with hearing or speech impairments may access the
telephone numbers above via Teletypewriter (TTY)/Telecommunications
Device for the Deaf (TDD) by calling the toll-free Federal Information
Relay Service at 1 (877) 889-5627.
SUPPLEMENTARY INFORMATION:
I. Background
On September 4, 2009, the Department of Labor (``DOL'' or
``Department'') issued a notice of proposed rulemaking (``NPRM'') in
the Federal Register (``FR'') to amend its regulations regarding the
certification of temporary employment of nonimmigrant workers employed
in temporary or seasonal agricultural employment and the enforcement of
the obligations applicable to employers of such nonimmigrant workers.
See Temporary Agricultural Employment of H-2A Aliens in the United
States, 74 FR 45906 (Sept. 4, 2009) (``NPRM''). The NPRM was open for
public comment for 45 days until October 5, 2009. See Temporary
Agricultural Employment of H-2A Aliens in the United States, 75 FR 6884
(Feb. 12, 2010) (``Final Rule'').
On February 12, 2010, DOL published a final rule in the FR that
adopted much of the regulatory text proposed in the NPRM, with some
important changes. See Final Rule, 75 FR at 6884. The Final Rule
included improvements to the application processing procedures, worker
protections, and program integrity measures. The Final Rule went into
effect on March 15, 2010.
Since publication of the Final Rule, a question has been raised in
litigation concerning whether a separate rule, Adverse Effect Wage Rate
Methodology for the Temporary Employment of H-2A Nonimmigrants in the
Non-Range Occupations in the United States, 88 FR 12760 (Feb. 28,
2023), was approved by the Attorney General in consultation with the
Secretary of Labor and the Secretary of Agriculture. 8 U.S.C. 1188,
Statutory Note.\1\ Further, on November 25, 2024, the Secretary of
Homeland Security, in consultation with the Secretary of Labor and
Secretary of Agriculture, approved the Final Rule.
---------------------------------------------------------------------------
\1\ Although this provision vests approval authority in the
``Attorney General,'' the Secretary of Homeland Security now may
exercise this authority. See 6 U.S.C. 202(3)-(4), 251, 271(b), 291,
551(d)(2), 557; 8 U.S.C. 1103(c) (2000).
---------------------------------------------------------------------------
To resolve any possible uncertainty with respect to the Final Rule,
the Department, through its Assistant Secretary for Employment and
Training and its Administrator of the Wage and Hour Division, is
ratifying the Final Rule. Under established case law, an agency may,
through ratification, ``purge[ ] any residual taint or prejudice left
over from'' a potential defect in a prior governmental action.\2\ The
Department is issuing this ratification out of an abundance of caution,
and this ratification is not a statement that the Final Rule is invalid
absent this ratification.
---------------------------------------------------------------------------
\2\ Guedes v. Bureau of Alcohol, Tobacco, Firearms & Explosives,
920 F.3d 1, 13 (D.C. Cir. 2019).
---------------------------------------------------------------------------
II. Ratification
By virtue of the authority vested in the Secretary of Labor by law,
including by the Immigration and Nationality Act of 1952, as amended, 8
U.S.C. 1101 et seq. (``INA''), and as delegated to the Assistant
Secretary for Employment and Training, 75 FR 66268, and the
Administrator of the Wage and Hour Division, 75 FR 55352, we are
affirming and ratifying a prior action by Jane Oates, Assistant
Secretary for Employment and Training, and Nancy Leppink, Deputy
Administrator of the Wage and Hour Division. On February 12, 2010, the
Employment and Training Administration and the Wage and Hour Division
published in the FR the Final Rule codifying amendments to the
Department's regulations regarding the certification of temporary
employment of nonimmigrant workers employed in temporary or seasonal
agricultural employment and the enforcement of the obligations
applicable to employers of such nonimmigrant workers. 75 FR 6884 (Feb.
12, 2010).
The Final Rule was signed by Assistant Secretary Oates and Deputy
Administrator Leppink. We have full and complete knowledge of the Final
Rule action taken by former Assistant Secretary Oates and former Deputy
Administrator Leppink. Subsequent to the Secretary of Homeland
Security's documented approval of the Final Rule dated November 25,
2024, in consultation with the Secretary of Labor and Secretary of
Agriculture, and out of an abundance of caution and to avoid any doubt
as to its validity, we have independently evaluated the Final Rule and
the basis for adopting it. We have determined that the amendments to
the regulations in the Final Rule are consistent with the Secretary of
Labor's statutory responsibility to certify that there are insufficient
able, willing, and qualified U.S. workers available to perform the
needed work and that the employment of H-2A workers will not adversely
affect the wages and working conditions of workers in the United States
similarly employed. We have also determined that the changes adopted in
the Final Rule strike an appropriate balance between the statute's
competing goals of providing employers with an adequate supply of legal
agricultural labor and protecting the wages of workers in the United
States similarly employed by improving the H-2A application and
temporary labor certification process, strengthening protections for
workers, and enhancing
[[Page 2610]]
program integrity measures. We also agree with the Department's
certification that the Final Rule does not have a significant economic
impact on a substantial number of small entities. See Final Rule, 75 FR
at 6953.
Therefore, pursuant to our authorities as the Assistant Secretary
for Employment and Training and the Administrator of the Wage and Hour
Division, and based on our independent review of the action and the
reasons for taking it, we hereby affirm and ratify the Final Rule, as
of January 7, 2025, including all regulatory analysis certifications
contained therein. This action is taken without prejudice to any right
to litigate the validity of the Final Rule as approved and published on
February 12, 2010. Nothing in this action is intended to suggest any
legal defect or infirmity in the approval or publication of the Final
Rule.
Jos[eacute] Javier Rodr[iacute]guez,
Assistant Secretary, Employment and Training Administration, Labor.
Jessica Looman,
Administrator, Wage and Hour Division, Labor.
[FR Doc. 2025-00525 Filed 1-8-25; 4:15 pm]
BILLING CODE 4510-FP-P