99-2747. Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Speciality Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States

[Federal Register Volume 64, Number 24 (Friday, February 5, 1999)]
[Proposed Rules]
[Page 5725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2747]


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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Parts 655 and 656

RIN 1215-AB09


Labor Condition Applications and Requirements for Employers Using 
Nonimmigrants on H-1B Visas in Speciality Occupations and as Fashion 
Models; Labor Certification Process for Permanent Employment of Aliens 
in the United States

AGENCY: Employment and Training Administration, Labor, in concurrence 
with the Wage and Hour Division, Employment Standards Administration, 
Labor.

ACTION: Notice of proposed rulemaking; Extension of comment period.

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SUMMARY: This document extends the period for filing comments regarding 
a proposed rule to implement recent legislation and clarify existing 
Departmental rules relating to the temporary employment in the United 
States of nonimmigrants under H-1B visas (20 CFR part 655), and 
provides an opportunity for additional comments to implement an ACWIA 
provision which modifies the methodology for the determination of the 
prevailing wage under the Permanent Labor Certification program (20 CFR 
part 656).

DATES: Comments must be received on or before February 19, 1999.

ADDRESSES: Submit written comments concerning Part 655 to Deputy 
Administrator, Wage and Hour Division, ATTN: Immigration Team, U.S. 
Department of Labor, Room S-3502, 200 Constitution Avenue, NW, 
Washington, DC 20210. If you want to receive notification that we 
received your comments, you should include a self-addressed stamped 
post card. You may submit your comments by facsimile (``FAX'') machine 
to [phone]. This is not a toll free number.
    Submit written comments concerning Part 656 to the Assistant 
Secretary for Employment and Training, ATTN: Division of Foreign Labor 
Certifications, U.S. Employment Service, Employment and Training 
Administration, Department of Labor, Room N-4456, 200 Constitution 
Avenue, NW, Washington, DC 20210. If you want to receive notification 
that we received your comments, you should include a self-addressed 
stamped post card. You may submit your comments by facsimile (``FAX'') 
machine to [phone]. This is not a toll-free number.

FOR FURTHER INFORMATION CONTACT: On part 655, contact either of the 
following:
    Michael Ginley, Director, Office of Enforcement Policy, Wage and 
Hour Division, Employment Standards Administration, Department of 
Labor, Room S-3510, 200 Constitution Avenue, NW, Washington, DC 20210. 
Telephone: [phone] (this is not a toll-free number).
    James Norris, Chief, Division of Foreign Labor Certifications, U.S. 
Employment Service, Employment and Training Administration, Department 
of Labor, Room N-4456, 200 Constitution Avenue, NW, Washington, DC 
20210. Telephone: [phone] (this is not a toll-free number).
    On Part 656, contact James Norris, Chief, Division of Foreign Labor 
Certifications, U.S. Employment Service, Employment and Training 
Administration, Department of Labor, Room N-4456, 200 Constitution 
Avenue, NW, Washington, DC 20210. Telephone: [phone] (this is 
not a toll-free number).

SUPPLEMENTARY INFORMATION: In the Federal Register of January 5, 1999 
(64 FR 628), the Department of Labor published a proposed rule intended 
to revise 20 CFR parts 655 and 656 which concern Labor Condition 
Applications and Requirements for Employers Using Nonimmigrants on H-1B 
Visas in Specialty Occupations and as Fashion Models, and the Labor 
Certification Process for Permanent Employment of Aliens in the United 
States.
    Specifically, the Department published this notice of proposed 
rulemaking to obtain public comment on issues to be addressed in 
regulations to implement changes made to the Immigration and 
Nationality Act (INA) by the American Competitiveness and Workforce 
Improvement Act of 1998 (ACWIA). In addition, the Department is 
providing an opportunity for additional comments on certain provisions 
which were previously published for comment as a Proposed Rule in 1995 
(60 FR 55339).
    The Department also proposed to modify regulations to implement an 
ACWIA provision which modifies the methodology for the determination of 
the prevailing wage under the Permanent Labor Certification program (20 
CFR part 656). This methodology is also applicable to prevailing wages 
for the H-1B program. After receiving public comments on this notice of 
proposed rulemaking, the Department plans to publish an Interim Final 
Rule (inviting further comment) and a Final Rule (after reviewing all 
the comments received).
    Because of the continuing interest in this proposal, the agency 
believes that it is desirable to extend the comment period for all 
interested persons. Therefore, the comment period for the proposed 
rule, revising 20 CFR parts 655 and 656, is extended to February 19, 
1999.

    Signed at Washington, DC, this 2nd day of February, 1999.
Raymond J. Uhalde,
Deputy Assistant Secretary for Employment and Training, Employment and 
Training Administration.

John R. Fraser,
Deputy Administrator, Wage and Hour Division, Employment Standards 
Administration.
[FR Doc. 99-2747 Filed 2-4-99; 8:45 am]
BILLING CODE 4510-30-M