Search : |
|
|
||
|
||
|
On This Page
Quick Links
|
Foreign Labor CertificationWelcome to the Office of Foreign Labor Certification (OFLC). OFLC is organized around a national office in Washington, DC, supported by two National Processing Centers in Atlanta and Chicago. This site is designed to provide information on the foreign labor certification process and how employers may apply to bring foreign workers into the United States for employment.What's New June 29, 2009: Suspension Enjoined On June 29, the U.S. District Court for the Middle District of North Carolina issued a preliminary injunction against the Department's Final Suspension of the December 2008 Final H-2A Rule. As a result of this court action, and unless and until additional court action takes place, the Suspension is no longer in effect; the December 2008 Final Rule remains in effect. June 19, 2009: H-2B Entertainer FAQs: The Department has released FAQs for H-2Bs in the entertainment industry. To read them, click here. May 29, 2009: Notice of Final Suspension: The Department is suspending the H-2A Final Rule published on December 18, 2008 and in effect as of January 17, 2009. The Suspension will be effective on June 29, 2009. As of that date, the regulations previously in effect as of January 2009, published in the May 29 Federal Register, will be in effect for a period of no more than 9 months. May 13, 2009: LCA Legacy System to Remain Operational Through June 30, 2009 OFLC will keep the old LCA system operational through June 30, 2009 to give all users sufficient time to fully transition to the new iCert system. Users are encouraged to familiarize themselves with the iCert system as quickly as possible to allow adequate time to establish accounts and file LCAs using the new ETA-9035. Please note that all technical issues need to continue to be raised through the iCert help desk at OFLC.Portal@dol.gov. April 20, 2009: H-2B FAQs The Office of Foreign Labor Certification (OFLC) has posted the first round of Frequently Asked Questions (FAQs) for the H-2B program under the new regulations, which took effect January 18, 2009. To see the FAQs click here. The questions deal with the new forms ETA-9141 and ETA-9142, including where to find the NAICS and SOC codes, where and when to file, and other useful information. The FAQs for the old H-2B program are still available through the link located in the right margin on the OFLC home page. April 16, 2009: Extension of H-2A Transition Procedures the Department published an Interim Final Rule extending the transition procedures in the H-2A Final Rule published in December 2008. This Interim Final Rule extends the transition period of the application filing procedures currently in effect for all H-2A employers with a date of need on or before July 1, 2009. The IFR extends the transition procedures to applications filed with a date of need before January 1, 2010. To see the IFR, click here. Persons interested in submitting comments may do so in the manner indicated in the IFR by May 18, 2009. April 15, 2009: ICERT Portal – The new electronic portal was put in production on April 15, 2009. The legacy LCA tools will remain available for four weeks (until May 15, 2009) to allow time for a smooth transition. To access iCERT System, please click here. April 1, 2009: Announcement of New iCERT System Rollout Schedule The Office of Foreign Labor Certification (OFLC) is announcing the implementation of a new one-stop visa portal system, formally called the iCERT System, to improve employer access to employment-based visa application services and OFLC immigration news and information. Beginning April 15, 2009, employers or their authorized representatives will be able to register with the iCERT System and establish a single account to file the new ETA Form 9035E – Labor Condition Application (LCA) covering the H-1B, H-1B1, and E-3 visa programs. In addition, OFLC has implemented a dedicated Help Desk Unit at the Chicago National Processing Center to serve as a resource to those employers and or their authorized representatives filing LCAs with the Department. To obtain a copy of the iCERT System implementation factsheet, including a preliminary schedule for implementing the new ETA Form 9089 for the PERM program, click here. To obtain a copy of the User Manual for the iCERT Portal Account Registration process, click here. To obtain a copy of the User Manual for preparing and submitting the new ETA Form 9035E Labor Condition Application, click here. Notice Withdrawing Arriaga Discussion The Federal Register has published a Notice regarding language contained in both the preambles to the H-2A and H-2B Final Rules, published in December. The Notice withdraws an opinion expressed in both preambles that the Fair Labor Standards Act and its implementing regulations “do not require employers to reimburse workers under the H-2A and H-2B nonimmigrant visa programs, respectively, for relocation expenses even when such costs result in the workers being paid less than the minimum wage.” The Notice withdraws this interpretation from further consideration as a statement of Department policy. To read the full text of the Notice, click here. H2A Regulation Mailbox Temporarily Suspended: The Office of Foreign Labor Certification has temporarily suspended its H.2ARegulation@dol.gov mailbox. The purpose of the temporary suspension is to avoid the inadvertent and incorrect submission of comments to the Notice of Proposed Suspension to that email box. The Notice directs all comments to the appropriate submission vehicles, both electronically and by mail or other methods. The box will be reactivated after the comment period on the Notice. On March 17, 2009,The Department published a Notice of Proposed Suspension of the H-2A Final Rule, published December 18, 2008. The Department is accepting comments on the Notice of Proposed Suspension. To see the Notice, click here. To see FAQs regarding the Department's consideration of H-2A applications in light of the Notice, Click here. New Prevailing Wage Form: In conjunction with the regulations going into effect on January 18, 2009 for the H-2B program, the Department has created and received approval from OMB for a new form to collect the necessary information from employers in order to provide a prevailing wage so that employers may begin the recruitment process. Employers must begin using the Form ETA-9141 for wage requests for H-2B work that is to commence on or after October 1, 2009. For instructions on how to complete the form and appendices see the instructions. For LCA System: WARNING: Effective upon the enactment of HR 1, the American Recovery and Reinvestment Act of 2009, pursuant to section 1611(b), Div. A, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) for new employment unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply. Employers who are recipients of such funding may not file Labor Condition Applications (LCAs) for new employment unless they complete the actions and make the attestations required of dependent employers. *Until further notice, for those companies that are not dependent H-1B employers but are subject to this provision, please check Box “B” in Section F-1.1 of the ETA-9035 in order to demonstrate compliance as required. It is recommended that such employers retain documentation regarding their status.* Information regarding the additional attestations required of H-1B-dependent employers—non-displacement and recruitment of U.S. workers--can be found at 20 CFR sections 655.738 and 655.739. For information regarding those employers who are recipients of such funding, go to http://www.treas.gov/initiatives/eesa/transactions.shtml Briefings on using redesigned labor certification forms. On February 4 and 9, 2009, the Department of Labor held public briefings in San Diego and Baltimore, respectively, to educate stakeholders, program users, and other interested members of the public on using the reengineered application form 9089 used in the PERM program and form 9035 Labor Condition Application used in the H-1B/H-1B1/E-3 programs. The briefings also described the online portal system by which most users of these programs file applications. Click below to see handouts from the briefings: January 12, 2009: New Forms In conjunction with the regulations going into effect on January 17 and 18 for the H-2A and H-2B programs, the Department has created new forms to collect the necessary information from employers applying for labor certifications. Employers must begin using the Form ETA-9142 on the effective date of the new regulations. In addition, for the H-2A program employers must fill out and submit Appendix A.1 and Appendix A.2. For the H-2B program employers must fill out and submit Appendix B.1. For instructions on how to complete the form and appendices see the instructions. The H-2B Final Rule requires the use of the new Form ETA-9141 for prevailing wage determinations. However, the use of this form will only begin after the transition period outlined in the rule is completed. Therefore, Form ETA-9141 will be posted towards the end of the transition period. January 5, 2009: OFLC Performance Report The Employment and Training Administration's (ETA's) Office of Foreign Labor Certification today posted its FY 2007 performance report -- Foreign Labor Certification: International Talent Helping Meet Employer Demand. This report includes key facts about the variety of occupations certified in the permanent and temporary labor certification programs and the number of jobs filled, employers that request foreign workers, and the countries from which those workers come. The report also contains important information for the public on labor market trends and occupational opportunities for Americans. Read the report here. January 5, 2009: PERM Supervised Recruitment Frequently Asked Questions OFLC has issued a round of FAQs for issues stemming from its supervised recruitment process. Read the FAQs here. H-2B Final Rule: On December 19, 2008, the Office of the Federal Register published the Department's Final Rule on H-2B Temporary Non-agricultural Employment. Click here for the Final Rule. The Final Rule is effective January 18, 2009, although certain aspects of the Rule will be subject to transition provisions. The application form accompanying this rule, ETA Form 9142, was published in the Federal Register on December 18, 2008, in conjunction with the Department's H-2A Final Rule. The Department will shortly post an ETA Form 9142 that is fillable on line. We strongly encourage program users to complete the fillable form. Employers with questions are encouraged to submit those questions to OFLC at H-2B.Regulation@dol.gov. Due to a high volume of calls, we will be unable to respond individually to inquiries. H-2A Final Rule: On December 18, 2008, the Office of the Federal Register published the Department’s Final Rule on H-2A Temporary Agricultural Employment. Click here for the Final Rule. The Final Rule is effective January 17, 2009, although certain aspects of the Rule will be subject to transition provisions. The application form published with the rule is not official. Click here for the final ETA Form 9142, Appendix A.1, Appendix A.2 and accompanying instructions, which include the expiration date. The Department will shortly post an ETA Form 9142 that is fillable on line. We strongly encourage program users to complete the fillable form. Employers with questions are encouraged to submit those questions to OFLC at H-2A.Regulation@dol.gov. Due to a high volume of calls, we will be unable to respond individually to inquiries. On December 5, 2008, the Office of Management and Budget (OMB) cleared for publication the Department’s H-2A Final Rule. Click here for the preamble to the Final Rule and click here for the Final Rule. Please note this document has not yet received final approval from the Office of the Federal Register, which may make minor changes prior to publication. The official version of the rule, as published, may differ from that cleared by OMB. LCA Expiration: The LCA form (ETA 9035 OMB control number 1205-0310) which was due to expire November 30, 2008 had previously been submitted to OMB for an extension. The 30 day Federal Register Notice was published on November 7, 2008 (72 FR 66259) as required by the Paperwork Reduction Act of 1995. The publication of the 30 day notice automatically extends the form while it is under review. The public should continue to use the current form until further notice. Public Briefings on Using the New H-2A Temporary Agricultural Labor Certification Program (Click here for federal register notice) October 24, 2008: H-2A Amendments and Extensions The Office of Foreign Labor Certification (OFLC) has introduced an electronic mailbox at the Chicago National Processing Center specifically for processing employer’s requests for extending or amending certified H-2A applications. Now, all H-2A amendment and extension requests will go through this centralized mailbox in order to ensure greater consistency and efficiency in processing employer’s requests for extending or amending their H-2A applications. The electronic mailbox can be found at: H2a.amend&extend.chicago@dol.gov. (Click here to view the OFLC Fact Sheet on H-2A Amendments and Extensions.) September 17, 2008: The Department has been presented with evidence indicating that prior to its recent audits, many immigration attorneys believed that the Department’s rule regarding consideration of U.S. workers did not apply to them unless they represented not only the employer seeking the labor certification, but also the alien for whom the certification was being sought. That interpretation is incorrect, as the Department’s recently issued PERM program clarifying guidance makes clear. Nevertheless, the Department will apply the requirements of the consideration rule as interpreted by its recent guidance only to labor certification applications the recruitment for which was begun after August 29, 2008, the date on which the Department’s final guidance was issued. All pending audits triggered exclusively by consideration rule concerns are therefore being released and will be processed in accordance with their original filing date. August 29, 2008: Important Notice Restatement of PERM Program Guidance Bulletin on the Clarification of Scope of Consideration Rule in 20 CFR 656.10(b)(2). click here August 1, 2008: Department of Labor Employment and Training Administration Office of Foreign Labor Certification Program Debarments. click here July 31, 2008 Important Notice: Federal Minimum Wage Please be advised that the Federal minimum wage has been established at $6.55 per hour effective July 24, 2008 for work performed from July 24, 2008 to July 23, 2009. The Federal minimum wage will increase to $7.25 per hour effective July 24, 2009 for work performed on or after July 24, 2009. May 22, 2008 Important Notice: H-2B Program May 22, 2008, Notice of Proposed Rulemaking The Department of Labor's Employment and Training Administration is proposing to amend its regulations to modernize the H-2B program for temporary non-agricultural employment of aliens in the United States. The Notice of Proposed Rulemaking (NPRM) was published in the May 22, 2008 issue of the Federal Register (73 FR No. 100, pages 29942-29975). The NPRM proposes to redesign the process by which U.S. employers seek labor certification from the Department of Labor for temporary labor under the H-2B visa program. The reengineered program would modernize the application process and strengthen program integrity. To view the NPRM, click here. April 30, 2008 Webinar FAQs on Employment Verification for SWAs, Round 3 OFLC has released additional FAQs arising from questions posed by SWAs regarding their employment verification obligations. Read them here. April 11, 2008 E-3 Final Regulations Published The Department has issued final regulations regarding Labor Condition Applications (LCAs) for E-3 Australian nationals. The final regulations are effective immediately. To read the regulations click here. April 4, 2008 Specialization FAQs, Round 1 OFLC has published the first round of FAQs regarding its upcoming transfer of functions between the Chicago and Atlanta National Processing Centers. The FAQs deal with transitional issues stemming from the specialization. Read them here March 31, 2008, Employment Verification Today the Office of Foreign Labor Certification posted new resources for State Workforce Agencies to assist in meeting the obligation to conduct employment eligibility verification on referrals in H-2A job orders. To view these resources please look under Quick Links. March 31, 2008, Fraud FAQs, Round 2 OFLC has issued a second round of FAQs for issues stemming from the final fraud rule published in May 2007. Read the FAQs here. March 27, 2008, Extension of Comment Period for H-2A Notice of Proposed Rulemaking The Employment and Training Administration and the Employment Standards Administration recently issued a proposed rule to modernize the application process for and enforcement of temporary alien agricultural (H-2A) labor certifications. 73 FR 8538 (Feb. 13, 2008). Today the agencies published a Notice to extend the comment period through April 14, 2008. To read this notice, click here. March 06, 2008, State Workforce Agency (SWA) Webinar FAQs on TEGL 11-07 SWAs have been given guidance regarding TEGL 11-07, change 1. The Office of Foreign Labor Certification is posting Round Two of FAQs from questions specifically posed by SWAs. They are provided to SWA staff to assist in the interpretation and implementation of the TEGL. To view the FAQs click here. March 05, 2008, National Processing Centers On March 5, 2008, the Department published in the Federal Register a Notice announcing upcoming changes in the filing locations of temporary and permanent labor certifications as well as withdrawals of labor certification applications and the filing of other nonimmigrant attestations and applications. These changes will be effective June 1, 2008. Read more about them here. February 27, 2008, Adverse Effect Wage Rates On February 26, 2008, the Department of Labor published a Notice in the Federal Register announcing the 2008 Adverse Effect Wage Rates (AEWRs), allowable meal charges, and maximum travel subsistence expenses. Click here to access the Notice. The 2008 AEWRs can also now be found on the wage information section of this website. February 26, 2008, Permanent Labor Certification Program (PERM) Disclosure Data On February 1, 2008, the ETA Office of Foreign Labor Certification (OFLC) released its official FY 2007 public disclosure data covering cases processed under the Permanent Labor Certification Program (PERM). PERM is commonly known as the “Green Card” employment -based immigration program. PERM data can be useful to public managers and workforce professionals at all levels of governance engaged in policy development and operational planning within a regional economic context. To learn more, click here. February 13, 2008, Important Notice: H-2A Program February 13, 2008, Notice of Proposed Rulemaking The Department of Labor's Employment and Training Administration is proposing to amend its regulations to modernize the H-2A program for temporary agricultural employment of aliens in the United States. The Notice of Proposed Rulemaking (NPRM) published in the February 13, 2008 issue of the Federal Register (Federal Register, Vol. 73, Number 30, pp 8538-8584). The NPRM proposes to redesign the process by which U.S. employers seek labor certification from the Department of Labor for temporary agricultural labor under the H-2A visa program. The re-design would modernize the application process and strengthen program integrity. To view the NPRM, click here. In addition, the U.S. Department of Homeland Security (DHS) has issued a proposed rule of modifications to provide employers with a streamlined hiring process for temporary and seasonal agricultural workers under the H-2A program. To view the DHS NPRM, click here. February 12, 2008, E-Verify-State Workforce Agency MOU The Department has been working with the Department of Homeland Security (DHS) and the Social Security Administration to provide State Workforce Agencies (SWAs) with access to the E-Verify employment eligibility verification system. SWAs are required to verify the employment eligibility of all referrals to H-2A job orders (see Training and Employment Guidance Letter 11-07, ch. 1, TEGL 11-07). The Memorandum of Understanding (MOU) is now available to enable SWAs to access E-Verify. The MOU must be submitted to DHS by the SWA in order to access the E-Verify system. To obtain the MOU click here .To obtain the SWA instructions for accessing and registering for E-Verify, click here.SWAs interested in submitting the MOU should contact the E-Verify office (e-verifyprograms@dhs.gov) to coordinate submission of the MOU to DHS. February 8, 2008,Final Disposition The Backlog Elimination Centers (BECs) in Dallas and Philadelphia closed on December 21, 2007. Cases that were in process at the time the BECs closed will be completed by the Office of Foreign Labor Certification’s personnel. The Backlog Public Disclosure System will continue to be active until the cases that are “in process” are completed. Case status can be checked at http://pds.pbls.doleta.gov. All disposition questions should be directed to the Chicago National Processing Center (NPC) at bec.chicago@dol.gov. Please include Attn: Backlog in the subject line. Please note that the Chicago NPC will not have direct access to case files and will only be able to provide limited information. Appeal requests on cases denied by the BECs should be sent to the Chicago National Processing Center at the following address: U.S. Department of Labor Employment and Training Administration ATTN: BEC Appeals 844 N. Rush Street 12th Floor Chicago, IL 60611 For additional information, please read FAQs Round 8. February 5, 2008, State Workforce Agency (SWA) Webinar FAQs on TEGL 11-07 SWAs have been given guidance regarding TEGL 11-07, change 1. The Office of Foreign Labor Certification is posting Round One of FAQs from questions specifically posed by SWAs. They are provided to SWA staff to assist in the interpretation and implementation of the TEGL. These answers were originally provided to participants on January 25, 2008. To view the FAQs click 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 GuidanceOn 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 Chicago National Processing Center (NPC) 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 Chicago 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. 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. Further information regarding the New York Department of Labor's Foreign Labor Certification move to Albany, New York, please log onto: http://www.labor.state.ny.us/agencyinfo/ H-2BApplicationProcessingChange.shtm. September 17, 2007, OFLC Performance Report 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. |
 Office of Foreign Labor Certification
Forms and Instructions
Hiring Foreign
Workers FAQs Related Links FeedBack
To view PDF files you need Acrobat reader.
 |
|
|||||||||||||||||||||||
