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 []
[FR Doc No: 2013-27685]



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.

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
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.

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

[[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

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

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

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:


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]

2. Remove and reserve subpart J, consisting of Sec. Sec. 655.900
through 655.950.

Subpart K--[Removed and Reserved]

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]


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