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Foreign Labor Certification

News & Updates

Archives

Calendar Year 2012

June 21, 2012. New Prevailing Wage FAQs.

The Department of Labor has posted new and revised FAQs for the prevailing
wage program. Topics include occupation-specific issues, the documentation of
an affiliated or related nonprofit entity, and the issuance of hourly wages.
These FAQs are available here
and on the FAQs page of the OFLC website under the heading Prevailing Wage
(PERM, H-2B, H-1B, H-1B1 and E-3).

June 20, 2012. Chicago National Processing Center Address
Change.

The Department published today a Notice in the Federal Register announcing
an address change for the Chicago National Processing Center (NPC), effective
August 2. On and after August 2, 2012, all hard copy filings should be
submitted to the new addresses.

For application filings:
U.S. Department of Labor
Employment and
Training Administration
Office of Foreign Labor Certification
Chicago
National Processing Center
11 West Quincy Court
Chicago, IL
60604-2105

P.O. Box Address for the Receipt of H-2A Related Filing Fees:
U.S.
Department of Labor
Employment and Training Administration
Office of
Foreign Labor Certification
Chicago National Processing Center
P.O. Box
A3804
Chicago, IL 60690-A3804.

To read the Notice please click here.

June 12, 2012. FY 2012 Selected Statistics by Program.

The Office of Foreign Labor Certification has posted five factsheets
containing the FY 2012 selected statistics for the

Permanent
Labor Certification Program;

Prevailing
Wage Determination Program;

H-1B
Temporary Visa Program;

H-2A
Temporary Agricultural Visa Program;

H-2B
Temporary Non-agricultural Visa Program.

The program information included in the factsheets covers the period
between October 2011 and May 2012.

June 11, 2012:

The Department of Labor has posted Frequently Asked Questions (FAQ)
regarding the Permanent (PERM) Program and the placement of job orders. These
FAQs are available here
and on the FAQs page of the OFLC website under the heading PERM Program and
subheading "Job Order".

June 8, 2012.

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and LCA program disclosure data
files for Quarter 2 of FY 2012 are now available in the Comma-Separated Value
(CSV) file format. Click here to
access the disclosure files and corresponding record layouts. Historical OFLC
program disclosure files for prior fiscal years are available on our Foreign
Labor Certification Data Center website at http://www.flcdatacenter.com/.

May 29, 2012.

The Department of Labor has posted a revised Frequently Asked Question
(FAQ) regarding the Permanent (PERM) Program and entering fractional year
values (1.75, .5, etc) in Section H, Item 8-C of ETA Form 9089. This FAQ is
available here
and on the FAQs page of the OFLC website under the heading PERM Program and
subheading Job Requirements/Duties.

May 29, 2012.

The Department of Labor has posted a revised Frequently Asked Question
(FAQ) regarding the Permanent (PERM) Program and the use of third-party
software to upload applications for permanent labor certifications in the OFLC
Case Management System. This FAQ is available here
and on the FAQs page of the OFLC website under the heading PERM Program and
subheading "Filing - How to File."

May 23, 2012. H-2A Filing Tips, Selected Statistics and
Forms.

In a continued effort to assist H-2A employers with preparing their
agricultural job orders and applications, the Department has revised the H-2A
Filing Tips to alert employers to common filing mistakes which can delay
the processing of an H-2A application. The H-2A Filing Tips may be found on
the H-2A program page under Factsheets and Filing Tips. Also posted on the
H-2A program page is a new Factsheet presenting H-2A program selected
statistics based on applications submitted during the first two quarters of FY
2012. The Fact Sheet includes information on the H-2A program use, including
top filing states, activities and crops. To view or download the Factsheet
please click here.

In addition, the Department has received OMB approval to extend the H-2A
forms which were previously set to expire on April 30, 2012. All H-2A
applications should be filed using the extended ETA Form 9142 and Appendix A.2
which reflect the new, October 31, 2012, expiration date. To view or download
the extended forms, please click here.

May 22, 2012. H-2B Ombudsman Program.

The OFLC is pleased to announce the expansion of the H-2A Ombudsman Program
to include the H-2B Program community. The Ombudsman Program is here to
facilitate the fair and equitable resolution of concerns that arise within the
H-2A and H-2B filing communities, by conducting independent and impartial
inquiries into issues related to the administration of these programs. We also
identify areas in which employers and worker advocate organizations have
concerns in dealing with the OFLC and propose internal recommendations
designed to continuously improve the quality of services provided by the OFLC.
For more information on the H-2B Ombudsman Program click here.

May 16, 2012:

The Department published today a Federal Register Notice advising the
regulated community of the injunction placed on the implementation of the H-2B
2012 Final Rule and of procedures to be followed in seeking labor
certification to file H-2B petitions. To see the notice, click here.

May 15, 2012:

The Department of Labor has posted a revised Frequently Asked Question
(FAQ) regarding the Temporary Agricultural H-2A Program regarding the Federal
tax withholding applicable to H-2A workers. This FAQ is available here
and on the FAQs page of the OFLC website under the heading H-2A Program and
subheading Job Offers, Obligations and Assurances/Rates of Pay.

May 14, 2012:

The Department of Labor has posted a revised Frequently Asked Question
(FAQ) regarding the Permanent (PERM) Program and the consequences of
withdrawing an application in Supervised Recruitment. This FAQ is available here
and on the FAQs page of the OFLC website under the heading PERM Program and
subheading "Supervised Recruitment." Please note that the address in the FAQ
for re-filed applications has changed.

May 14, 2012. H-2A and H-2B Forms Update:

The Office of Management and Budget has approved the Department's request
to extend the ETA Form 9142, Appendices A.2 and B.1 and associated
instructions which were previously set to expire on April 30, 2012. The new
expiration date for these forms is October 31, 2012.

As of the date of this announcement, future H-2A applications should be
filed using the extended ETA Form 9142 and Appendix A.2 which reflect the
October 31, 2012 expiration date.

In light of the recent preliminary injunction of the 2012 H-2B Final Rule,
employers filing H-2B applications under the 2008 Final Rule must do so using
the extended ETA Form 9142 and Appendix B.1 (H-2B only), reflecting the
October 31, 2012 expiration date. To view or download the extended forms,
please click here.

May 7, 2012.

On April 26, 2012, the Temporary Non-agricultural Employment of H-2B Aliens
in the United States, Final Rule, 77 FR 10038, Feb. 21, 2012 was preliminarily
enjoined by the U.S. District Court for Northern District of Florida,
Pensacola Division in Bayou Lawn & Landscape Services, et al. v. Hilda L.
Solis, et al., 12-cv-00183-RV-CJK, and was never implemented. Therefore, for
the present time employers should file their H-2B labor certification
applications under the Labor Certification Process and Enforcement for
Temporary Employment in Occupations Other Than Agriculture or Registered
Nursing in the United States (H-2B Workers), and Other Technical Changes, 73
FR 78020, Dec. 19, 2008. However, please be aware that this preliminary
injunction necessarily calls into doubt the underlying authority of the
Department of Labor to fulfill its responsibilities under the Immigration and
Nationality Act and Department of Homeland Security regulations to issue the
labor certifications that are a necessary predicate for the admission of H-2B
workers.

April 26, 2012. H-1B, H-1B1, E-3 Helpful Resources:

The Department has posted a contact list for the H-1B, H-1B1 and E-3
Programs to assist employers with their applications. To view or download a
PDF copy of the Helpful Resources for the H-1B, H-1B1 and E-3 Programs, please
click here.

April 3, 2012

On April 2, 2012 the U. S. Attorney's Office, Southern District of New
York, issued a Press Release regarding Earl David's guilty plea. Earl David is
the ringleader of a massive immigration fraud scheme extradited from Canada to
face charges in Manhattan Federal Court. Click here
for the press release.

March 28, 2012.

OFLC is pleased to present the fourth in a series of Permanent Labor
Certification Program-Selected Statistics.
This Fact Sheet presents
statistics regarding Permanent Labor Certification program applications
submitted during FY 2012. Click here.
to access this Fact Sheet.

March 27, 2012. H-1B, H-1B1, E-3 FAQs:

The Department has posted new Frequently Asked Questions (FAQs) for the
H-1B, H-1B1 and E-3 Programs. To view or download a PDF copy of the FAQs,
please click here.
The new FAQs are also separately available here
on the FAQs page of the OFLC website under the Temporary Programs heading.

March 26, 2012. H-2A Email Notification Program
Expanded

The Chicago National Processing Center has announced that it will be
expanding its E-Mail Notification Program to all H-2A stakeholders who elect
to participate in the program. In addition, all H-2A employers who elect to
participate in the program will no longer receive hard copy notifications of
the following actions: Notice of Deficiency, Notice of Acceptance, Denials,
Withdrawals, Extensions, and Redeterminations. NOTE: Certifications and
partial certifications will continue to be issued to H-2A stakeholders via
electronic transmission and by hard copy.

March 26, 2012. Effective April 9, 2012, E-mail Notification
Program to include H-2B stakeholders

The Chicago National Processing Center has announced that it will be
expanding its E-Mail Notification Program to all H-2B stakeholders who elect
to participate in the program. In addition, all H-2B employers who elect to
participate in the program will no longer receive hard copy notifications of
the following actions: Notice of Deficiency, Notice of Acceptance, Denials,
Withdrawals, Extensions, and Redeterminations. NOTE: Certifications and
partial certifications will continue to be issued to H-2B stakeholders via
electronic transmission and by hard copy.

March 22, 2012.

On January 25, 2012 the U. S. Attorney's Office, Southern District of New
York, issued a Press Release regarding the extradition of Earl David from
Canada. Earl David is the alleged ringleader of a massive immigration fraud
scheme extradited from Canada to face charges in Manhattan Federal Court.
Click here
for the press release.

March 20, 2012. Office of Foreign Labor Certification Website
Updates.

The Office of Foreign Labor Certification (OFLC) has established a process
by which members of the public may subscribe to receive e-mail alerts whenever
the Department posts an announcement updating some aspect of the OFLC website,
e.g., program updates, outreach announcements, new Frequently Asked Questions
(FAQs), disclosure data, etc. Read the instructions on how to subscribe to
OFLC e-mail alerts here.

H2A
Final Part 1

H2A
Final Part 2

H2A
Final Part 3

To read a Fact Sheet on the Final Rule, please click
here.

Note: Archived H-2A Program News is available at here.

Created: December 02, 2009

Updated: June 21, 2012

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