Department of Labor November 15, 2019 – Federal Register Recent Federal Regulation Documents

The Department of Homeland Security (DHS) and the Department of Labor (DOL) (collectively, the Departments), are jointly issuing this final rule to amend the regulations governing DOL's certification of nonagricultural labor or services to be performed by temporary foreign workers in H-2B nonimmigrant status (H-2B workers). Pursuant to Section 214(c)(1) of the Immigration and Nationality Act (INA), this certification serves as DHS's consultation with DOL regarding whether a qualified United States (U.S.) worker is available to fill the petitioning H-2B employer's job opportunity, and whether a foreign worker's employment in the job opportunity will adversely affect the wages or working conditions of similarly employed U.S. workers. This final rule modernizes and improves the labor market test that DOL uses to assess whether qualified U.S. workers are available by: Rescinding the requirement that an employer advertise its job opportunity in a print newspaper of general circulation in the area of intended employment, and expanding and enhancing DOL's electronic job registry to disseminate available job opportunities to the widest audience possible.

The Department of Labor (Department) is confirming the effective date of its direct final rule (DFR) amending three definitions in the Department of Labor Acquisition Regulation (DOLAR). These changes provide the Secretary of Labor with greater flexibility and a streamlined procedure to delegate procurement authority and appoint procurement officials. In the Department's August 29, 2019 DFR, the Department stated that the DFR would become effective on October 28, 2019, if the Department received no significant adverse comments in response to the DFR. The Department did not receive any comments in response.