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  • News: DOL Publishes Final Rule on Attestation Process for Employers Using F-1 Students in Off-Campus Work

    [Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
    [Rules and Regulations]
    [Pages 69538-69539]
    From the Federal Register Online via the Government Printing Office [www.gpo.gov]
    [FR Doc No: 2013-27685]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF LABOR
    
    Employment and Training Administration
    
    20 CFR Part 655
    
    RIN 1205-AB66
    
    
    Attestation Process for Employers Using F-1 Students in Off-
    Campus Work
    
    AGENCY: Employment and Training Administration, Department of Labor, in 
    concurrence with the Wage and Hour Division, Department of Labor.
    
    ACTION: Final rule; rescission of regulations.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This final rule rescinds the regulations which provided rules 
    governing employers seeking to hire F-1 foreign students as part-time 
    workers off-campus. These subparts became obsolete after the 
    authorizing statute and its two-year extension expired in 1996. 
    Accordingly, the Department of Labor (the Department) is taking this 
    action to remove regulations that no longer have force and effect.
    
    DATES: Effective November 20, 2013.
    
    FOR FURTHER INFORMATION CONTACT: William L. Carlson, Ph.D., 
    Administrator, Office of Foreign Labor Certification, Room C-4312, 
    Employment & Training Administration, U.S. Department of Labor, 200 
    Constitution Avenue NW., Washington, DC 20210. Telephone number: 202-
    693-3010 (this is not a toll-free number). Individuals with hearing or 
    speech impairments may access the telephone number above via TTY by 
    calling the toll-free Federal Information Relay Service at 1-877-889-
    5627 (TTY/TDD). Fax: 202-693-2768.
    
    SUPPLEMENTARY INFORMATION: Section 221 of the Immigration Act of 1990 
    (IMMACT) (Pub L. 101-649; 104 Stat. 4978) as amended by section 
    303(b)(1) of the Miscellaneous and Technical Immigration and 
    Naturalization Amendments of 1991 (Pub. L. 102-232; 105 Stat. 1733), 
    supplemented sections 101(a)(15)(F) of the Immigration and Nationality 
    Act (8 U.S.C 1101(a)(15)(F)) by creating a pilot program, of limited 
    duration. The pilot program permitted nonimmigrant foreign students to 
    be admitted as F-1 nonimmigrant students to work off-campus if: (1) The 
    alien had completed one academic year as an F-1 nonimmigrant and was 
    maintaining good academic standing at the educational institution; (2) 
    the alien would not be employed off-campus for more than 20 hours per 
    week during the academic term; and (3) the employer provided an 
    attestation to the Department of Labor and to the educational 
    institution that it unsuccessfully recruited for the position for at 
    least 60 days and would pay the higher of the actual wage at the 
    worksite or the prevailing wage for the occupation in the area of 
    employment. IMMACT, Sec 221(a). IMMACT established the program as a 3-
    year pilot to end September 30, 1994. The Immigration and Nationality 
    Technical Corrections Act of 1994 (Pub. L. 103-416; 108 Stat. 4319) 
    revived and extended the program through September 30, 1996. The 
    program expired on September 30, 1996, and was never extended.
        The Department implemented the F-1 visa pilot program through 
    regulations at 20 CFR part 655 subparts J and K. See 56 FR 56860 (Nov. 
    6, 1991), as amended by 59 FR 64776 (Dec. 15, 1994), 60 FR 61210 (Nov. 
    29, 1995). Because of the expiration of the statutory program, these 
    regulations are currently without force and effect and should be 
    rescinded.
        The Department has determined that it is unnecessary to publish the 
    rescission of these regulations as a proposed rule, as generally 
    required by the Administrative Procedure Act (``APA''), 5 U.S.C. 
    553(b). The statutory provisions governing the pilot program have 
    expired, and this rule simply rescinds the implementing regulations, 
    which no longer have force and effect. Therefore, good cause exists for 
    dispensing with the notice and comment requirements of the APA. 5 
    U.S.C. 553(b)(B). For the same reasons, good cause exists to make this 
    rule effective immediately upon publication of this rule. 5 U.S.C. 
    553(d)(3).
    
    Administrative Information
    
    A. Executive Order 12866
    
        This final rule has been drafted and reviewed in accordance with 
    Executive Order 12866, section 1(b), Principles of Regulation. The 
    Department has determined that this rule is not a ``significant 
    regulatory action'' under Executive Order 12866, section 3(f), 
    Regulatory Planning and Review. The Department has also determined that 
    this rule is not ``economically significant'' as defined in section 
    3(f)(1)
    
    [[Page 69539]]
    
    of Executive Order 12866. Therefore, the information enumerated in 
    section 6(a)(3)(C) of the order is not required.
    
    B. Regulatory Flexibility Act
    
        This rescission is not a ``rule'' as defined in the Regulatory 
    Flexibility Act (RFA), 5 U.S.C. 601(2), nor is it a ``final rule'' 
    following a notice of proposed rulemaking as defined in the RFA, 5 
    U.S.C. 604(a). Therefore, the RFA does not apply and the Department is 
    not required to either certify that the rule would not have a 
    significant economic impact on a substantial number of small entities 
    or conduct a regulatory flexibility analysis.
    
    C. Unfunded Mandates Reform Act of 1995
    
        This rule will not include any Federal mandate that may result in 
    increased expenditures by State, local, and tribal governments, in the 
    aggregate, of $100 million or more, or in increased expenditures by the 
    private sector of $100 million or more.
    
    D. Small Business Regulatory Enforcement Fairness Act of 1996
    
        This rule is not a major rule as defined by section 804 of the 
    Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
    will not result in an annual effect on the economy of $100,000,000 or 
    more; a major increase in costs or prices; or significant adverse 
    effects on competition, employment, investment, productivity, 
    innovation, or on the ability of the United States-based companies to 
    compete with foreign based companies in domestic and export markets.
    
    E. Executive Order 13132
    
        The Department has reviewed this rule in accordance with E.O. 13132 
    regarding federalism and has determined that it does not have 
    federalism implications. The rule does not have substantial direct 
    effects on States, on the relationship between the States, or on the 
    distribution of power and responsibilities among the various levels of 
    Government as described by E.O. 13132. Therefore, the Department has 
    determined that this rule will not have a sufficient federalism 
    implication to warrant the preparation of a summary impact statement.
    
    F. Executive Order 13175
    
        This rule was reviewed under the terms of E.O. 13175 regarding 
    Indian Tribal Governments and was determined not to have Tribal 
    implications. The rule does not have substantial direct effects on one 
    or more Indian Tribes, on the relationship between the Federal 
    Government and Indian Tribes, or on the distribution of power and 
    responsibilities between the Federal Government and Indian Tribes. As a 
    result, no Tribal summary impact statement has been prepared.
    
    G. Assessment of Federal Regulations and Policies on Families
    
        Section 654 of the Treasury and General Government Appropriations 
    Act, enacted as part of the Omnibus Consolidated and Emergency 
    Supplemental Appropriations Act of 1999 (Pub. L. 105-277, 112 Stat. 
    2681) requires the Department to assess the impact of this rule on 
    family well-being. A rule that is determined to have a negative effect 
    on families must be supported with an adequate rationale. The 
    Department has assessed this rule and determines that it will not have 
    a negative effect on families.
    
    H. Executive Order 12630
    
        This rule is not subject to E.O. 12630, Governmental Actions and 
    Interference With Constitutionally Protected Property Rights, because 
    it does not involve implementation of a policy with takings 
    implications.
    
    I. Executive Order 12988
    
        This regulation has been drafted and reviewed in accordance with 
    E.O. 12988, Civil Justice Reform, and will not unduly burden the 
    Federal court system. The regulation has been written to minimize 
    litigation and provide a clear legal standard for affected conduct, and 
    has been reviewed carefully to eliminate drafting errors and 
    ambiguities.
    
    J. Plain Language
    
        The Department drafted this rule in plain language.
    
    K. Executive Order 13211
    
        This rule is not subject to E.O. 13211 regarding Energy Supply. It 
    will not have a significant adverse effect on the supply, distribution, 
    or use of energy.
    
    L. Paperwork Reduction Act
    
        This rule contains no new information collection requirements for 
    purposes of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
    seq.).
    
    List of Subjects in 20 CFR Part 655
    
        Administrative practice and procedure, Foreign workers, Employment, 
    Employment and training, Enforcement, Forest and forest products, 
    Fraud, Health professions, Immigration, Labor, Longshore and harbor 
    work, Migrant workers, Nonimmigrant workers, Passports and visas, 
    Penalties, Reporting and recordkeeping requirements, Unemployment, 
    Wages, Working conditions.
    
        Accordingly, for the reasons stated herein, the Department hereby 
    amends 20 CFR part 655 as follows:
    
    PART 655--TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED 
    STATES
    
    0
    1. The authority citation for part 655 and the authority citation for 
    subparts J and K continue to read as follows:
    
        Authority: Section 655.0 issued under 8 U.S.C. 
    1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C. 
    1103(a)(6), 1182(m), (n) and (t), 1184(c), (g), and (j), 1188, and 
    1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2102 
    (8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat. 4978, 
    5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102-232, 105 
    Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103-206, 
    107 Stat. 2428; sec. 412(e), Pub. L. 105-277, 112 Stat. 2681 (8 
    U.S.C. 1182 note); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 
    (8 U.S.C. 1182 note); 29 U.S.C. 49k; Pub. L. 109-423, 120 Stat. 
    2900; 8 CFR 214.2(h)(4)(i); and 8 CFR 214.2(h)(6)(iii).
        Subparts J and K issued under 29 U.S.C. 49 et seq.; and sec. 
    221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note).
    
    Subpart J--[Removed and Reserved]
    
    0
    2. Remove and reserve subpart J, consisting of Sec. Sec.  655.900 
    through 655.950.
    
    Subpart K--[Removed and Reserved]
    
    0
    3. Remove and reserve subpart K, consisting of Sec. Sec.  655.1000 
    through 655.1060.
    
        Signed in Washington, DC, this 17th day of October 2013.
    Eric M. Seleznow,
    Acting Assistant Secretary, Employment and Training Administration.
    [FR Doc. 2013-27685 Filed 11-19-13; 8:45 am]
    BILLING CODE 4510-FN-P
    
    
    
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