[Federal Register Volume 60, Number 186 (Tuesday, September 26, 1995)]
[Rules and Regulations]
[Pages 49505-49506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23788]
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DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
Wage and Hour Division
29 CFR Part 507
Labor Condition Applications and Requirements for Employers Using
Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion
Models
AGENCY: Employment and Training Administration, Labor; and Wage and
Hour Division, Employment Standards Administration, Labor.
ACTION: Notice of enforcement position.
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[[Page 49506]]
SUMMARY: The Employment and Training Administration (ETA) and the
Employment Standards Administration (ESA) of the Department of Labor
(DOL or Department) are hereby announcing an enforcement policy
regarding a provision of the regulations governing the enforcement of
labor condition applications filed by employers seeking to employ
foreign workers in specialty occupations and as fashion models of
distinguished merit and ability under the H-1B nonimmigrant visa
classification. Under the Immigration and Nationality Act (INA), an
employer seeking to employ such a nonimmigrant is required to file a
labor condition application with DOL before the Immigration and
Naturalization Service (INS) may approve an H-1B visa petition. The
labor condition application process is administered by ETA; complaints
and investigations regarding labor condition applications are the
responsibility of ESA.
EFFECTIVE DATE: September 26, 1995.
FOR FURTHER INFORMATION CONTACT: On 20 CFR part 655, subpart H, and 29
CFR part 507, subpart H, contact Flora T. Richardson, 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: (202) 219-
5263 (this is not a toll-free number).
On 20 CFR part 655, subpart I, and 29 CFR part 507, subpart I,
contact Chief, Branch of Farm Labor and Immigration Programs, Wage and
Hour Division, Employment Standards Administration, Department of
Labor, Room S-3502, 200 Constitution Avenue, NW., Washington, DC 20210.
Telephone: (202) 219-7605 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: The Secretary of Labor's Final Rule
(December 20, 1994, 59 FR 65646) regarding the H-1B nonimmigrant
program became effective on January 19, 1995. Section ____.731(b)(1) of
the Final Rule requires that, in documenting its compliance with the
wage requirements, an employer shall maintain at least the information
listed in Sec. ____.731(b)(1)(i) through (vii), not only for the H-1B
nonimmigrant(s), but for ``all other employees for the specific
employment in question at the place of employment.'' The prior Interim
Final Rule (January 13, 1992, 57 FR 1316), at Sec. ____.730(e)(2)(i),
required that the employer maintain documentation of the listed items
for ``all other individuals with experience and qualifications similar
to the H-1B nonimmigrant for the specific employment in question at the
place of employment.''
Enforcement Position
The Department hereby announces that, with respect to any
additional workers for whom the Final Rule may have applied the
recordkeeping requirements at Sec. ____.731(b)(1), it will enforce this
provision to require the employer to keep only those records which are
required by the Fair Labor Standards Act (``FLSA''), 29 CFR Part 516.
In virtually all situations, the Department anticipates that the
records required by the FLSA include those listed under the H-1B Final
Rule.
Signed at Washington, D.C., this 20th day of September, 1995.
John R. Beverly, III,
Deputy Director, United States Employment Service.
John Fraser,
Deputy Administrator, Wage and Hour Division.
[FR Doc. 95-23788 Filed 9-26-95; 8:45 am]
BILLING CODE 4510-30 and 4510-27-M
