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.

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