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.
