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Office of Foreign Labor Certification


Click here for the Foreign Labor Certification FY 2010 Annual Report


Announcements

January 31, 2012.

The iCERT System will be unavailable from 8AM to approximately 1PM Eastern Time on Monday, February 6, 2012 so that we may implement enhancements to the iCERT Prevailing Wage Module. For a summary of the enhancements, please click here. In addition, you may refer to the updated Prevailing Wage External User Guide which is available under the User Guides tab on the iCERT Visa Portal System.

January 18, 2012.

OFLC is pleased to present the second in a series of Permanent Labor Certification Program-Selected Statistics

This Fact Sheet presents statistics regarding Permanent Labor Certification program applications submitted during the first quarter of FY 2012. This Fact Sheet is now available on the iCERT Portal under the "PERM Processing Times" tab and will be routinely updated in the future.

December 30, 2011.

Additional Prevailing Wage Update for H-2B

On December 23, 2011, the President signed into law the Consolidated Appropriations Act, 2012.  The legislation contains language prohibiting the Department from implementing the Wage Rule during the 2012 fiscal year.  Based on Congressional intent to continue to implement the current H-2B regulations, the Department has published a Final Rule extending the effective date of the Wage Rule to apply to work performed on and after October 1, 2012. The Final Rule is accessible here.

In light of this postponement, the Department has also published a Federal Register Notice providing guidance regarding wage determinations previously issued under the H-2B Wage Rule. The guidance provided through the Federal Register Notice can be accessed here.

Please submit questions regarding the H-2B Wage Rule to the following e-mail box (established by the Department specifically for this purpose) H2Bwagerule@dol.gov

  • December 22, 2011.

    H-2A Adverse Effect Wage Rates (AEWRs)

    The Department has published a notice in the Federal Register that announces the new Adverse Effect Wage Rates by State (AEWR Notice). Please note that unlike in prior years, this notice contains only the new AEWRs. The Department will publish a subsequent Federal Register Notice to announce the new Allowable Charges for Agricultural Workers' Meals, and Maximum Travel Subsistence Reimbursement for use in the H-2A program. To read the new AEWR Notice, please click here.

    December 22, 2011.

    H-2A Adverse Effect Wage Rates (AEWRs)

    The Department has published a notice in the Federal Register that announces the new Adverse Effect Wage Rates by State (AEWR Notice). Please note that unlike in prior years, this notice contains only the new AEWRs. The Department will publish a subsequent Federal Register Notice to announce the new Allowable Charges for Agricultural Workers' Meals, and Maximum Travel Subsistence Reimbursement for use in the H-2A program. To read the new AEWR Notice, please click here.

    December 21, 2011

    The 2012 Adverse Effects Wage Rates are now available. Click here to view them.

    December 20, 2011

    Chicago NPC UPS Holiday Delivery Notice

    United Parcel Service (UPS) announced that they will not be providing delivery or pick-up services on Friday, December 23, 2011. The public is encouraged to submit their correspondence timely to the Chicago National Processing Center, being mindful of the holiday schedule if using UPS. The Chicago National Processing Center will endeavor to ensure all H-2A and H-2B deadlines for December 23 and 26, 2011 will be met by December 22, 2011.

    December 19, 2011

    The OFLC Program Debarments List has been updated. Click here to view this list.

    December 12, 2011

    To assist prospective H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a new Employer Guide for Participating in the H-2A Temporary Agricultural Program. This guide summarizes and explains key regulatory requirements for a U.S. employer to participate in the H-2A Program, including what documents to file, important timeframes and deadlines, helpful filing tips, and how to contact the OFLC Chicago National Processing Center for further assistance. Please click here to obtain a copy of the new employer guide or go directly to the H-2A Program webpage.

    December 6, 2011

    To assist prospective H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a fourth round of Frequently Asked Questions (FAQ) providing clarifications on background check, contract impossibility, and surety bond requirements for H-2A Labor Contractors. These FAQs are available here and on the FAQs page of the OFLC Web site under the heading for the H-2A Program.

    November 29, 2011.

    Prevailing Wage Update for H-2B

    On November 18, 2011, the President signed into law the Consolidated and Further Continuing Appropriations Act, 2012, Public Law 112-55. The legislation contains language prohibiting the Department from implementing, administering, or enforcing, before January 1, 2012, the H-2B Wage Rule. Based on Congressional intent to continue to implement the current H-2B regulations, the Department has published a Final Rule extending the effective date of the Wage Rule to apply to work performed on and after January 1, 2012. The Final Rule is accessible here.

    In light of this postponement, the Department has also published a Federal Register Notice providing that the wage determinations previously issued under the H-2B Wage Rule will not be effective until January 1, 2012, and will apply only to work performed on or after January 1, 2012. Any employer who has previously received an H-2B prevailing wage determination in anticipation of either the September 30, 2011 or November 30, 2011 effective dates is not required to pay, and the Department's Wage and Hour Division will not enforce, the wage provided in the prevailing wage determination issued under the Wage Rule for any work performed by H-2B workers or U.S. workers recruited in connection with the H-2B application process until January 1, 2012. Employers are expected to continue to pay at least the prevailing wage as provided in a prevailing wage determination issued under the 2008 H-2B Rule for any work performed up to January 1, 2012. The guidance can be accessed here.

    The Department will issue H-2B prevailing wage determinations before January 1, 2012 in accordance with the methodology contained in the H-2B rule published in December 2008. Absent further legislative or judicial action, employers who receive such prevailing wages and use them to file H-2B labor certification applications will be provided additional information on their wage obligations after January 1, 2012. The prevailing wage determinations that will be provided will instruct users that any advertising conducted must include language that informs potential applicants the wage they will actually be paid may be different from the advertised wage.

    November 23, 2011.

    The Office of Foreign Labor Certification has created a page from which you can access the OFLC 2010 Annual Report and offer comments. Please click here to access this page.

    November 21, 2011.

    United Parcel Service (UPS) announced that they will not be providing delivery or pick-up services on Thursday, November 24 (Thanksgiving Day) and Friday, November 25, 2011. The public is encouraged to submit their correspondence timely to the Chicago National Processing Center, being mindful of the holiday schedule if using UPS. The Chicago National Processing Center will endeavor to ensure all H-2A and H-2B deadlines for November 24th and 25th will be met by November 23, 2011.

    November 17, 2011.

    The Office of Foreign Labor Certification is providing this update to the public on issuing prevailing wage determinations.

    PERM: Became current the week of October 23, 2011
    H-1B: Became current the week of November 6, 2011
    H-2B: Anticipated becoming current the week of November 27, 2011

    "Current" carries a different meaning in each program. A prevailing wage determination is "current" in the PERM and H-1B programs when it is issued within 60 days of submission. For H-2B prevailing wage determinations, "current" is within 30 days of submission in accordance with the program's regulations. These dates may be subject to change based on actions not anticipated by the Department at this time, such as any additional judicial determinations or legislative actions. PWD appeals (redeterminations and Center Director Reviews) are being processed as resources allow, with priority placed on becoming current on initial PWD requests in each of the respective program areas.

    November 7, 2011.

    The Department of Labor has posted a revised Frequently Asked Question (FAQ) regarding the Permanent (PERM) Program and listing job requirements not normal to the occupation on both the ETA Form 9141 Prevailing Wage Request and ETA Form 9089. This FAQ, which replaces the previous notice that had references to the State Workforce Agency (SWA), is available here and on the FAQs page of the OFLC Web site under the heading PERM Program and subheading Job Requirements/Duties.