Labor Certification and Petition Process for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the United States; Delegation of Authority To Adjudicate Petitions; Deferral of Effective Date

The Department of Labor (DOL or Department) is deferring the effective date of its final rule implementing the delegation of authority to adjudicate petitions for the temporary employment of nonimmigrant aliens in agriculture in the United States. The Immigration and Naturalization Service (INS) is also delaying the delegation of INS' authority to the Department to adjudicate petitions for the temporary employment of nonimmigrant aliens in agriculture in the United States. The Department has the need for additional time to effectively implement the delegation of authority, develop new systems and procedures, and to train and brief members of the affected public and the employment and training community in the new systems and procedures. Therefore the Department has determined to defer the effective date of the Final Rule promulgated at 65 FR 43538 (July 13, 2000). Comments are being requested on this action. The rule being deferred amends the Employment and Training Administration (ETA) regulations to implement the delegation of authority to adjudicate petitions for temporary nonimmigrant agricultural workers (H-2A's) from the INS to the Department.