December 17, 2007,
Backlog Frequently Asked Questions Round 8
The Employment and Training Administration's Office of Foreign Labor Certification today posted Round 8 of
the Backlog Frequently Asked Questions (FAQs). Read about them here.
December 12, 2007,H-2B Frequently Asked Questions
Round Two of H-2B Frequently Asked Questions are now available. Read about them here.
November 20, 2007,Important Notice, H-2A Program Guidance
On November 14, 2007, the Employment and Training Administration issued Training and Employment Guidance Letter
(TEGL) 11-07 - Change 1, Clarification of Certain
Procedures for Processing H-2A Labor Certification Applications, to clarify procedures for State Workforce
Agencies (SWAs) and Employment and Training Administration National Processing Centers (NPCs) involved in the
processing of H-2A labor certification applications for temporary agricultural employment of foreign workers in
the United States. The TEGL applies to all H-2A labor certification applications pending with or received by
the NPC and SWA received on or after the date the TEGL is issued. To read the TEGL as published November 20, 2007,
in the Federal Register, click here.
November 1, 2007, Backlog Frequently Asked Questions Round 7
The Employment and Training Administration's Office of Foreign Labor Certification today posted Round 7 of
the Backlog Frequently Asked Questions (FAQs). Read about them here.
October 4, 2007, Backlog Ends in Permanent Labor Certification Program
As of September 30, 2007, the Backlog in the Permanent Labor Certification program has been eliminated, with
nearly 99% of cases completed and the remainder awaiting responses from employers. Both of the Backlog Elimination
Centers (BECs) have started a transition and shutdown phase that will continue through December.
The BECs will continue to use the general information email boxes as the communication source for a limited
period. These addresses are: info@dal.dflc.us (Dallas BEC) or info@phi.dflc.us (Philadelphia BEC).
The Backlog Public Disclosure System will continue to be active until the remaining cases are completed. Case
status can be checked at http://pds.pbls.doleta.gov. Employers/attorneys
are encouraged to respond to any dated correspondence as soon as possible regarding remaining cases to facilitate
a final disposition.
September 24, 2007, Important Announcement
The New York Department of Labor's Foreign Labor Certification has moved its H-2B processing office from
New York, New York to Albany, New York. To file an H-2B application in the state of New York, employers may
forward their applications to:
New York State Department of Labor
Foreign Labor Certification Unit
Post Office Box 15127
Albany, New York 12212
Attn: Cynthia Baez
Phone: (518) 457-6823
To file an H-2A application in the state of New York, employers may forward their applications to:
NYS Department of Labor
Foreign Labor Certification – H2A
Building 12, Room 266
Albany, NY 12240
518-457-7001
To obtain a prevailing wage determination you may contact the New York State Department of Labor at:
Supervising Labor Service Rep.
New York State Department of Labor
1 Hudson Square
75 Varick Street
New York, N.Y. 10013
212-775-3798
For additional information please contact Ms. Cynthia Baez at H2BFLC@labor.state.ny.us or call 518-457-6823.
The Employment and Training Administration's (ETA's) Office of Foreign Labor Certification today posted the
performance report--Foreign Labor Certification: International Talent Helping Meet Employer Demand. This report
contains information on the reduction of the backlog of pending cases as well as results of a re-engineered PERM
program including interesting facts about the jobs filled, employers that request them and the countries from
which they come. It also provides similar information on the temporary programs. It also provides important
information on the needs of employers in the dynamic U.S. economy. It contains important information for the
public on labor market trends and occupational opportunities for Americans. Read the report here.
July 17, 2007, Round One of H-2B Frequently Asked Questions are now available. Read about them here.
July 16, 2007, Fraud Rule FAQs
On May 17, 2007, the Employment and Training Administration issued a Final Rule to clarify and augment its
regulations on the permanent labor certification program, including the processing of cases backlogged under the
prior regulation. 20 CFR part 656; 72 Fed. Reg. 29704 (May 17, 2007). The Office of Foreign Labor Certification
is publishing these FAQs to clarify certain aspects of the Final Rule. Read the FAQs here.
Important Announcement: On April 4, 2007, the Department of Labor issued
TEGL 21-06, which updated procedures for State Workforce Agencies (SWAs) and ETA National Processing Centers (NPCs) to
use in the processing of temporary labor certification applications under the H-2B program. The Department then held
two public briefing sessions in Chicago and Atlanta on May 1 and May 4, 2007, respectively. Employers and other
stakeholders who attended those public briefing sessions raised important questions and concerns with regard to the
effective implementation of TEGL 21-06, and the purpose of this document is to outline certain modifications to
TEGL 21-06 as a formal response to those issues and concerns. Attachment A: Procedures for H-2B Certification of
Temporary Non-Agricultural Occupations (Revised June 2007) of TEGL 21-06, Change 1, replaces and supersedes the prior
corresponding operating procedures issued under TEGL 21-06. To obtain a copy of TEGL 21-06, Change 1, please
click here. (accessible version can be found here.)
The Department of Labor has released updated information for employers filing H-2B applications in non-agricultural
occupations. Employers seeking to obtain information regarding the status of their H-2B applications or information
about other technical assistance materials,
click here.
June 4, 2007, AJB to AJE
In anticipation of America's Job Bank (AJB) ceasing operations as a recruitment tool, the Backlog Elimination
Centers (BECs) will be switching to America's Job Exchange (AJE) as an alternative site for posting recruitment
advertisements for backlogged Foreign Labor Certification recruitment activity. AJE is one of the alternatives
authorized by the Employment and Training Administration (ETA). The BECs have coordinated with AJE staff and we
believe this transition will cause little if any disruption. According to the description provided by AJB, "AJE
will offer the same national labor exchange services that AJB provided … [using] the same screens and
functions as AJB ensuring a seamless transition between sites.
"Because AJB is going to stop operations by June 30, 2007, in order to ensure full recruitment periods,
the BECs will switch to AJE as of June 1, 2007. Therefore, employers and job seekers will be able to find the job
postings on AJE starting on June 1st. Advertisements posted on AJB prior to June 1st will continue on AJB through
their full recruitment periods on AJB.
The Department of Labor's Employment and Training Administration is amending its regulations to enhance program
integrity and reduce the incentives and opportunities for fraud and abuse related to the permanent employment of
aliens in the United States. The Final Rule was published in the May 17, 2007 Federal Register. Among other actions,
this final regulation prohibits substitution of aliens named on applications for permanent labor certification,
imposes a 180-day validity period on labor certifications, and makes other changes designed to strengthen the
integrity of the labor certification process. For a copy of the Final Rule, click here.
May 10, 2007, Tenth Round of Frequently Asked Questions are now available. Read about them here.
May 9, 2007, H-2B Stakeholder Briefings
On May 1, 2007 and May 4, 2007 , the Department of Labor held two national briefing sessions in Chicago and
Atlanta, respectively, to discuss recently updated guidance for State Workforce Agencies and ETA National Processing
Centers (NPCs) to process H-2B labor condition applications in non-agricultural occupations. The purpose of the
briefing sessions was to inform the user community of the processing protocols implemented at the NPCs in Chicago
and Atlanta. Click here (pdf version here)
to view the presentation for the employers filing H-2B applications. To ensure that all employers/stakeholders are
fully aware of the filing requirements, and to ensure that applications for H-2B visas are processed in the most
time efficient manner, the Department of Labor has released filing tips for employers submitting H-2B applications.
Click here to
download a copy of the H-2B Stakeholder Filing Tips. Additionally, the Department of Labor delivered presentations
on the procedures for processing H-2B applications for occupations involved in entertaining and tree planting and
forestry related activities. Click here (pdf version here) to
view the presentation for the employers in the Entertainment industry filing H-2B applications. Click here (pdf version here)
to view the presentation for the employers in the Forestry industry filing H-2B applications.
April 19, 2007, Backlog
1. General BEC Information E-Mail Box: In order to facilitate improved responsiveness by OFLC
to employers' questions concerning Permanent Labor Certification applications pending at the Backlog Elimination
Centers (BECs), OFLC announces the enhanced implementation of general information e-mail boxes at the BECs.
Employers or their representatives should direct their e-mails to the general information box at info@dal.dflc.us for the Dallas BEC or at
info@phi.dflc.us for the Philadelphia BEC. In order to facilitate responses,
the subject line of the email should be specific regarding the question.
Please remember that these e-mail boxes are for employers/representatives who have specific issues regarding their
application. The BECs do not respond to general "status" inquiries. Current case status may be obtained
with the case number using the Public Disclosure System
(http://pds.pbls.doleta.gov/).
2. OFLC Encourages Rapid Applicant Response. To enable the BECs to complete the processing of
applications as soon as possible, OFLC strongly encourages employers/representatives to send in their responses to
Notice of Findings (NOF) letters and Recruitment Report Instructions letters as soon as a response is prepared.
Although regulations set forth specific timelines for the maximum time allowed for a response,
employers/representatives need not use the full allotted time to respond. The sooner responses are received by the
BEC, the sooner they can be processed and the application can reach resolution. Therefore, OFLC encourages
employers/representatives to send in their responses as soon as possible.
3. Notice of Finding Rebuttal Extensions–Consistent with item two above, in order to provide
the best service possible and eliminate the backlog of applications efficiently, OFLC announces that the BECs will
no longer routinely grant extensions to the time allotted by regulation for employers/representatives to rebut a
Notice of Findings (NOF). OFLC will only grant such extensions for the most extreme extenuating circumstances. In
the absence of a granted extension, applications for which a timely rebuttal is not posted by the deadline stated
in the NOF are denied.
April 10, 2007, H-2B Program Guidance.
The Department of Labor has released updated guidance for State Workforce Agencies and ETA National Processing
Centers to process H-2B labor condition applications in non-agricultural occupations.
Training and Employment
Guidance Letter (TEGL) 21-06: Procedures for H-2B Temporary Labor Certification in Non-Agricultural Occupations
replaces and supersedes prior operating procedures issued under General Administrative Letter (GAL) 01-95,
GAL 01-95, Change 1, and Field Memorandum (FM) 25-98. This guidance was also published in the
Federal Register on April 20, 2007. It works in concert with the new centralized filing process at the NPCs
to ensure greater consistency in the processing of H-2B applications. Special handling procedures for certain
non-agricultural occupations, such as forestry workers and boilermakers, will be issued through separate guidance
letters by the National Office of Foreign Labor Certification.
H-2B Stakeholder Briefing
On April 10, 2007, the Department of Labor published a Notice in the Federal Register inviting H-2B
employers/stakeholders to one of two national briefing sessions in Chicago and Atlanta on May 1st and May 4th,
respectively. The purpose of these sessions is to ensure the H-2B user community is fully briefed on the contents
of the Department’s new H-2B Training and Employment Guidance Letter, 21-06, issued on April 4, 2007. Because hotel
space is limited, the Department requests that company and attorney/agency representation be limited to three per
site. Click www.dtiassociates.com/H2Bstakeholdersmeeting to
register for either Chicago or Atlanta.
February 21, 2007, Adverse Effect Wage Rates.
On February 21, 2007, the Department of Labor published a Notice in the Federal Register announcing the 2007 Adverse Effect Wage Rates,
allowable meal charges, and maximum travel subsistence expenses. Click here for a detailed
listing of the 2007 AEWRs, which can be found on the wage information section of this website.
Special Procedures. The Department promulgated Special Procedures for Processing H-2A
Applications for Occupations Involved in the Open Range Production of Livestock, and Special Procedures for Employers
in the Itinerant Animal Shearing Industry. The Department has also reissued previous guidance on information H-2A
employers must report to State Workforce Agencies regarding worker abandonment, rejection or termination, and reissued
special procedures for Processing H-2A Applications for Multi-State Custom Combine Owner/Operators. Click here for a copy of the new advisories, which can be found in the policy and regulations section
of this website.
February 12, 2007,Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005
as Reauthorization Act of 2005, Pub. L. 109-423, took effect December 20,
2006. The Act reauthorized the H-1C nonimmigrant nurses program, a program originally created by the Nursing Relief
for Disadvantaged Areas Act of 1999. Under this program, eligible hospitals file attestations with the Department of
Labor, Office of Foreign Labor Certification which, if approved, will support nonimmigrant worker petitions filed
with the Department of Homeland Security, U.S. Citizenship and Immigration Services. The Department of Health and
Human Services has informed the Office of Foreign Labor Certification that the same hospitals eligible for the
original program continue to be eligible. These were listed in the Department of Labor's Interim Final Rule
implementing its portion of the H-1C program published on August 22, 2000 (65 Fed. Reg. 51138). The Employment and
Training Administration, under the authority of the new public law, is reinstating the H-1C labor attestation program
and is accepting applications by qualified hospitals. Eligible hospitals should be advised that the now-expired OFLC
form (ETA 9081), Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as Registered Nurses, has
not been authorized by the Office of Management and Budget (OMB) for current use. However, the OFLC will accept
applications using the expired form until a new form is approved by the OMB. The attestations are made enforceable
by the 2005 Act. ETA is in the process of revising the form under the OMB clearance process, and taking other
appropriate regulatory action. Once approved by OMB, employers will be required to use only the new form. We will
advise once the new form is available for public use. Please address questions to the Office of Foreign Labor
Certification at (202) 693-3010.
January 23, 2007,Backlog Case Type
The Office of Foreign Labor Certification (OFLC) announces a procedure for employers or their authorized
representatives to follow if they believe the case type as reflected on the Public Disclosure System (PDS) is
incorrect (e.g., if it is listed as TR but they believe it should be RIR, or vice versa).
In such an event, e-mail the general information e-mail box at the appropriate Backlog Elimination Center (BEC).
The subject line of the e-mail must read "Incorrect Case Type - Case # [insert case number]." The
body of the e-mail should explain why the employer believes the case type is incorrect. Any supporting
documentation may be attached as a pdf. The BECs will review the case and reply as soon as possible based on the
volume of requests.
January 12, 2007,E-3 Regulations Published
On Friday, January 12, 2007, the Federal Register published the Department of Labor’s proposed rule
on E-3 visa attestations. The E-3 visa classification was established by title V of the REAL ID Act of 2005, Pub.
L. 109-13, § 501, 119 Stat. 231, 278 (2005)), and applies to certain Australian nationals coming to the
United States solely to perform services in specialty occupations. This Notice of Proposed Rulemaking clarifies
the procedures that employers must follow in obtaining a DOL-certified labor condition application before seeking
an E-3 visa for a foreign worker. Comments to the NPRM must be received within 30 days.
January 10, 2007, Extension of Deadline to E-mail Request for RIR Conversion "Hold Harmless"
Opportunity
On December 22, 2006, the Office of Foreign Labor Certification (OFLC) announced the RIR Conversion "Hold
Harmless" Opportunity. Since the original deadline to submit requests for the RIR Conversion "Hold Harmless"
Opportunity fell on a Saturday, OFLC announces that the deadline to e-mail a request to the Backlog Elimination
Centers to take advantage of the "Hold Harmless" opportunity will be extended to Midnight EST, on January 22,
2007. Please see the Backlog FAQ Round 6 for more
information about the RIR Conversion Hold Harmless Opportunity including language for the request.
December 22, 2006, OFLC Announces RIR Conversion "Hold Harmless" Opportunity.
On October 6, 2006, the Department of Labor’s Employment and Training Administration (ETA) issued a TEGL that
extended the time available to convert a permanent labor certification application filed under traditional
processing ("TR case") to a case requesting reduction in recruitment (“RIR”) processing. This TEGL enabled the
Department to assess additional interest in RIR conversions for cases still pending at ETA Backlog Elimination
Centers (BECs). The Department has determined that additional guidance would further enable applicants to
accurately assess their eligibility to request their case(s) be considered for conversion.
Specifically, by this announcement and corresponding FAQ, the Department is addressing stakeholder community
concerns that the employer will be "held harmless" for requesting cases be considered for RIR conversion in light
of simultaneous or subsequent recruitment instructions coming from the BEC in accordance with applicable
regulations. Accordingly, the Department has developed a limited policy whereby employers may better ascertain
their eligibility to participate in this conversion opportunity. For more information please see the FAQ here.
November 29, 2006, Ninth Round of Frequently Asked Questions are now available. Read about them here.
November 15, 2006, Backlog Cases Inadvertently Withdrawn as Re-Files
It has come to the attention of the Office of Foreign Labor Certification (OFLC) that due to a technical issue,
a number of cases were inadvertently identified as pending PERM re-file applications and were withdrawn from the
backlog. OFLC is working to rectify this situation immediately by identifying the affected cases, and reinstating
them back to the appropriate processing status in proper order. This effort will be completed by November 30, 2006.
Although affected employers and their attorneys will NOT be
receiving an additional notice of reinstatement, they may verify their case has been reinstated using the Public
Disclosure System (PDS) starting December 1st. Since verification will be available online, employers
and attorneys are requested not to contact the Backlog Elimination Centers regarding status.
October 6, 2006, RIR Conversion Extension
Because the Reduction in Recruitment (RIR) application processing takes significantly less time than Traditional
Recruitment (TR) to reach resolution on the application, the Department of Labor (DOL) previously encouraged
employers to convert TR applications to RIR by following the process established by 66 FR 40584. The Office of
Foreign Labor Certification (OFLC) announces that it is extending the application date for employers who wish to
convert their TR applications to RIR applications.
As of this announcement, any TR application (excluding those for schedule B occupations) submitted to a SWA with
a postmark dated on or before March 28, 2005 may request conversion to RIR by following the
established process. For additional information, please see the Frequently Asked Questions (FAQ) section here.
September 11, 2006, Public Disclosure System
The Office of Foreign Labor Certification (OFLC) has received many requests from employers,
attorneys, and aliens
regarding the status of applications being processed as part of the backlog elimination effort. In order to provide
basic case status information on specific cases, OFLC introduces the Backlog Public Disclosure System (PDS).
The purpose of the PDS is to provide a vehicle for employers, attorneys, agents, and aliens to determine the status
of an application filed at a Backlog Elimination Center (BEC). Users can access PDS by clicking on the "Check Backlog
Case Status" link on DOL's Backlog Centers' webpage or by clicking here.
Once the PDS website is open, users will enter the 10-digit case number which begins with a "D" if the case is located
in the Dallas BEC or "P" if the case is in the Philadelphia BEC. (Note: Some cases may have had case
numbers staring with "T" prior to completing data entry at a Backlog Center. All such cases have since been converted
and now begin with either "D" or "P" which should be used for case status checks on the PDS.)
After entering the case number, the search results will indicate the current case status. Case status definitions are
provided at the bottom of the PDS website pages.
If you have questions regarding the PDS, please check the Frequently Asked Questions (FAQ) about PDS here.
No Contact from BEC
The Office of Foreign Labor Certification (OFLC) has developed a process for an employer or
attorney who believes an application should be pending at the Backlog Elimination Centers (BECs) but for which no
contact (e.g., no 45-Day Center Receipt Notification Letters (CRNL), case closed letter, or other correspondence
about the case) from the BECs has been received.
In order to provide these employers with the opportunity to have their applications processed while also guarding
against potential fraud, OFLC has established specific steps for employers or their attorneys to follow. These
steps are outlined in the FAQ located here.
NOTE: This process is only for cases where the employer or attorney has received no contact
whatsoever from the BEC about the case. This procedure is not for status checks or other case inquiries.
This process is only for employers or their designated attorneys. Alien beneficiaries of labor certification
applications are not authorized to use this process.
July 11, 2006, Non-Receipt of 45-day Letters Process for Addressing Related Requests to Reopen
The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have
received "case closed" letters may not have previously received a "45-day" Center Receipt Notification Letter ("45-day
letter") from the Backlog Elimination Center (BEC) processing their respective cases. In addition, cases may have been
closed after employers or their representatives responded timely to a 45-day letter. OFLC has developed a process and
remedy available to employers who believe a case has been closed due to issues surrounding the receipt of or response
to 45-day letters. To be considered for case reopening, all requests must be received by the appropriate BEC within 30
days of the publication of this policy announcement or within 30-days of the receipt of a case closed letter, whichever
is later.
To learn more, see the Frequently Asked Questions (FAQ) section here.
March 20, 2006, New FAQ outlining how to request a Duplicate Labor Cert from USCIS. Click here to read.
February 21, 2006, Seventh Round of Frequently Asked Questions are now available. Read about them here.
February 21, 2006, Sixth Round of Frequently Asked Questions are now available. Read about them here.
In our continued effort to improve customer service, we have changed our web-site address. Our new web-site address
is www.foreignlaborcert.doleta.gov.
December 20, 2005, Multiple Filings FAQ. Read about them here.
Updated Hurricane Guidance: On Wednesday, November 16, 2005, the Division of Foreign Labor
Certification (Division) issued guidance to the National Processing Center and Backlog Elimination Center Directors
outlining interim procedures for the management of mail related to applications in the permanent labor certification
program and extension of deadlines pertaining to applications affected by Hurricanes Katrina, Rita, and Wilma. Read
about them here.
Closing of regional offices within the Division of Foreign Labor Certification. As the Division of
Foreign Labor Certification centralizes its review of permanent and temporary program applications, we will be closing
regional office operations in order to unify filing and processing activities in two National Processing Centers,
located in Atlanta and Chicago, and two Backlog Elimination Centers, located in Dallas and Philadelphia.
To review chart, click here.
Starting Monday, November 7, 2005, PERM certifications issued by DOL will have a new look. The certification will be
printed on blue-colored paper. In addition, the certification stamp will no longer be used. This change in paper
does not change requirements for stakeholders or for the program.
Katrina Guidance: On Thursday October 13, 2005, the Division of Foreign Labor Certification issued a
field memorandum to our Center Directors that outlines interim procedures for the management of mail related to
applications for permanent labor certification affected by Hurricane Katrina. Read about them here.
August 8, 2005, Fifth Round of FAQs are now available. Read about them here.
On July 19, 2005, the Department of Labor published a notice in the Federal
Register, "Information Regarding the Transfer of Temporary Program
Cases to the Atlanta and Chicago National Processing Centers, the Processing Locations for Foreign Labor
Certification Applications Filed With State Workforce Agencies and the Department of Labor, and the Filing of
Applications for Certification Under the E-3 Worker Visa Program." Read the notice here.
June 16, 2005, H-1B Visa Extensions. Read about them here.
June 1, 2005, Fourth Round of FAQs are now available. Read about them here.
May 4, 2005, FAQs for the Backlog Processing Centers are now available. Read about them here.
Third Round of FAQs are now available. Read about them here.
Second Round of FAQs are now available. Read about them here.
On Monday March 28, 2005, the Department of Labor published a proposed rule which will amend its current regulations in
the Federal Register regarding H-1B and H-1B1 employment in the United
States.
Read about the Department of Labor's Notice of Proposed Rulemaking here.
The Perm Online System is now available. Register HERE!
The implementation of the H-1B Reform Act and the publication of the PERM regulation necessitate the need to issue
policy clarification and procedural guidance to the State Workforce Agencies. The guidance provides the step-by-step
procedure for selecting the appropriate wage level for prevailing wage purposes. Read them HERE.
We have added FAQs concerning the Permanent regulation going into effect on 03-28-05. Read them HERE.
On Thursday, February 3, 2005, the Division of Foreign Labor Certification Department of Labor conducted its final PERM
briefing to the general public in Washington, D.C. Visit our PowerPoint presentation here.
On Monday, January 31, 2005, the Department of Labor published a notice in the Federal Register, "Announcement of the Mailing Addresses for Applications
Not Filed Electronically Under the New Permanent Foreign Labor Certification (PERM)." Read the notice here.
On Thursday, January 27, 2005, the Department of Labor and the Department of Homeland Security published proposed
rules in the Federal Register regarding H-2B employment in the
United States.
Read the about Department of Labor's Notice of Proposed Rulemaking here.
Read the about Department of Homeland Security's Notice of Proposed Rulemaking here.
The new Permanent Labor Certification Final Rule (PERM) was published on 27 December 2004. Read the new
rule here.
H-1B cap for FY05 reached on 10-01-04. Read about it here.
Form ETA 9035 and 9035CP will be changing to allow H-1B applicants to identify whether they will be filing as a
Traditional H-1B, H-1B1 Chile, or H-1B1 Singapore. It is anticipated that these modified forms will go into effect
by mid-October. Click here to see the changes to Form 9035 and here to see the changes
to the 9035CP.
Interim final rule related to the Backlog Reduction Centers published on 07-21-04. Click here to read about it!
