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Foreign Labor Certification

= =20 News & Updates

Arch= ives

Calendar Year 2012

June 21, 2012. New Prevailing Wage FAQs.

The Department of Labor has posted new and revised FAQs for the = prevailing=20 wage program. Topics include occupation-specific issues, the = documentation of=20 an affiliated or related nonprofit entity, and the issuance of hourly = wages.=20 These FAQs are available her= e=20 and on the FAQs page of the OFLC website under the heading Prevailing = Wage=20 (PERM, H-2B, H-1B, H-1B1 and E-3).
June 20, 2012. Chicago National Processing Center Address=20 Change.

The Department published today a Notice in the Federal Register = announcing=20 an address change for the Chicago National Processing Center (NPC), = effective=20 August 2. On and after August 2, 2012, all hard copy filings should be = submitted to the new addresses.

For application filings:
U.S. Department of Labor
Employment = and=20 Training Administration
Office of Foreign Labor = Certification
Chicago=20 National Processing Center
11 West Quincy Court
Chicago, IL=20 60604-2105

P.O. Box Address for the Receipt of H-2A Related Filing = Fees:
U.S.=20 Department of Labor
Employment and Training = Administration
Office of=20 Foreign Labor Certification
Chicago National Processing = Center
P.O. Box=20 A3804
Chicago, IL 60690-A3804.

To read the Notice please click here= .=20
June 12, 2012. FY 2012 Selected Statistics by = Program.

The Office of Foreign Labor Certification has posted five = factsheets=20 containing the FY 2012 selected statistics for the
- Permanent=20 Labor Certification Program;=20
- Prevailing=20 Wage Determination Program;=20
- H-1B=20 Temporary Visa Program;=20
- H-2A=20 Temporary Agricultural Visa Program;=20
- H-2B=20 Temporary Non-agricultural Visa Program.
The program information included in the factsheets covers the = period=20 between October 2011 and May 2012.
June 11, 2012:

The Department of Labor has posted Frequently Asked Questions (FAQ) = regarding the Permanent (PERM) Program and the placement of job = orders. These=20 FAQs are available he= re=20 and on the FAQs page of the OFLC website under the heading PERM = Program and=20 subheading "Job Order".
June 8, 2012.

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and LCA program = disclosure data=20 files for Quarter 2 of FY 2012 are now available in the = Comma-Separated Value=20 (CSV) file format. Click here to=20 access the disclosure files and corresponding record layouts. = Historical OFLC=20 program disclosure files for prior fiscal years are available on our = Foreign=20 Labor Certification Data Center website at http://www.flcdatacenter.com/.=
May 29, 2012.

The Department of Labor has posted a revised Frequently Asked = Question=20 (FAQ) regarding the Permanent (PERM) Program and entering fractional = year=20 values (1.75, .5, etc) in Section H, Item 8-C of ETA Form 9089. This = FAQ is=20 available h= ere=20 and on the FAQs page of the OFLC website under the heading PERM = Program and=20 subheading Job Requirements/Duties.
May 29, 2012.

The Department of Labor has posted a revised Frequently Asked = Question=20 (FAQ) regarding the Permanent (PERM) Program and the use of = third-party=20 software to upload applications for permanent labor certifications in = the OFLC=20 Case Management System. This FAQ is available here=20 and on the FAQs page of the OFLC website under the heading PERM = Program and=20 subheading "Filing - How to File."
May 23, 2012. H-2A Filing Tips, Selected Statistics and=20 Forms.

In a continued effort to assist H-2A employers with preparing their = agricultural job orders and applications, the Department has revised = the = H-2A=20 Filing Tips to alert employers to common filing mistakes which can = delay=20 the processing of an H-2A application. The H-2A Filing Tips may be = found on=20 the H-2A program page under Factsheets and Filing Tips. Also posted on = the=20 H-2A program page is a new Factsheet presenting H-2A program selected=20 statistics based on applications submitted during the first two = quarters of FY=20 2012. The Fact Sheet includes information on the H-2A program use, = including=20 top filing states, activities and crops. To view or download the = Factsheet=20 please click here.

In addition, the Department has received OMB approval to extend the = H-2A=20 forms which were previously set to expire on April 30, 2012. All H-2A=20 applications should be filed using the extended ETA Form 9142 and = Appendix A.2=20 which reflect the new, October 31, 2012, expiration date. To view or = download=20 the extended forms, please click here. =
May 22, 2012. H-2B Ombudsman Program.

The OFLC is pleased to announce the expansion of the H-2A Ombudsman = Program=20 to include the H-2B Program community. The Ombudsman Program is here = to=20 facilitate the fair and equitable resolution of concerns that arise = within the=20 H-2A and H-2B filing communities, by conducting independent and = impartial=20 inquiries into issues related to the administration of these programs. = We also=20 identify areas in which employers and worker advocate organizations = have=20 concerns in dealing with the OFLC and propose internal recommendations = designed to continuously improve the quality of services provided by = the OFLC.=20 For more information on the H-2B Ombudsman Program click here.=20
May 16, 2012:

The Department published today a Federal Register Notice advising = the=20 regulated community of the injunction placed on the implementation of = the H-2B=20 2012 Final Rule and of procedures to be followed in seeking labor=20 certification to file H-2B petitions. To see the notice, click here.=
May 15, 2012:

The Department of Labor has posted a revised Frequently Asked = Question=20 (FAQ) regarding the Temporary Agricultural H-2A Program regarding the = Federal=20 tax withholding applicable to H-2A workers. This FAQ is available here=20 and on the FAQs page of the OFLC website under the heading H-2A = Program and=20 subheading Job Offers, Obligations and Assurances/Rates of Pay.
May 14, 2012:

The Department of Labor has posted a revised Frequently Asked = Question=20 (FAQ) regarding the Permanent (PERM) Program and the consequences of=20 withdrawing an application in Supervised Recruitment. This FAQ is = available here=20 and on the FAQs page of the OFLC website under the heading PERM = Program and=20 subheading "Supervised Recruitment." Please note that the address in = the FAQ=20 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=20 to extend the ETA Form 9142, Appendices A.2 and B.1 and associated=20 instructions which were previously set to expire on April 30, 2012. = The new=20 expiration date for these forms is October 31, 2012.

As of the date of this announcement, future H-2A applications = should be=20 filed using the extended ETA Form 9142 and Appendix A.2 which reflect = the=20 October 31, 2012 expiration date.

In light of the recent preliminary injunction of the 2012 H-2B = Final Rule,=20 employers filing H-2B applications under the 2008 Final Rule must do = so using=20 the extended ETA Form 9142 and Appendix B.1 (H-2B only), reflecting = the=20 October 31, 2012 expiration date. To view or download the extended = forms,=20 please click here. =
May 7, 2012.

On April 26, 2012, the Temporary Non-agricultural Employment of = H-2B Aliens=20 in the United States, Final Rule, 77 FR 10038, Feb. 21, 2012 was = preliminarily=20 enjoined by the U.S. District Court for Northern District of Florida,=20 Pensacola Division in Bayou Lawn & Landscape Services, et al. v. = Hilda L.=20 Solis, et al., 12-cv-00183-RV-CJK, and was never implemented. = Therefore, for=20 the present time employers should file their H-2B labor certification=20 applications under the Labor Certification Process and Enforcement for = Temporary Employment in Occupations Other Than Agriculture or = Registered=20 Nursing in the United States (H-2B Workers), and Other Technical = Changes, 73=20 FR 78020, Dec. 19, 2008. However, please be aware that this = preliminary=20 injunction necessarily calls into doubt the underlying authority of = the=20 Department of Labor to fulfill its responsibilities under the = Immigration and=20 Nationality Act and Department of Homeland Security regulations to = issue the=20 labor certifications that are a necessary predicate for the admission = of H-2B=20 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=20 Programs to assist employers with their applications. To view or = download a=20 PDF copy of the Helpful Resources for the H-1B, H-1B1 and E-3 = Programs, please=20 click here.
April 3, 2012

On April 2, 2012 the U. S. Attorney's Office, Southern District of = New=20 York, issued a Press Release regarding Earl David's guilty plea. Earl = David is=20 the ringleader of a massive immigration fraud scheme extradited from = Canada to=20 face charges in Manhattan Federal Court. Click here=20 for the press release.
March 28, 2012.

OFLC is pleased to present the fourth in a series of Permanent = Labor=20 Certification Program-Selected Statistics.
This Fact Sheet presents = statistics regarding Permanent Labor Certification program = applications=20 submitted during FY 2012. Click he= re.=20 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=20 H-1B, H-1B1 and E-3 Programs. To view or download a PDF copy of the = FAQs,=20 please click here.=20 The new FAQs are also separately available here=20 on the FAQs page of the OFLC website under the Temporary Programs = heading.
March 26, 2012. H-2A Email Notification Program=20 Expanded

The Chicago National Processing Center has announced that it will = be=20 expanding its E-Mail Notification Program to all H-2A stakeholders who = elect=20 to participate in the program. In addition, all H-2A employers who = elect to=20 participate in the program will no longer receive hard copy = notifications of=20 the following actions: Notice of Deficiency, Notice of Acceptance, = Denials,=20 Withdrawals, Extensions, and Redeterminations. NOTE: Certifications = and=20 partial certifications will continue to be issued to H-2A stakeholders = via=20 electronic transmission and by hard copy.
March 26, 2012. Effective April 9, 2012, E-mail = Notification=20 Program to include H-2B stakeholders

The Chicago National Processing Center has announced that it will = be=20 expanding its E-Mail Notification Program to all H-2B stakeholders who = elect=20 to participate in the program. In addition, all H-2B employers who = elect to=20 participate in the program will no longer receive hard copy = notifications of=20 the following actions: Notice of Deficiency, Notice of Acceptance, = Denials,=20 Withdrawals, Extensions, and Redeterminations. NOTE: Certifications = and=20 partial certifications will continue to be issued to H-2B stakeholders = via=20 electronic transmission and by hard copy.
March 22, 2012.

On January 25, 2012 the U. S. Attorney's Office, Southern District = of New=20 York, issued a Press Release regarding the extradition of Earl David = from=20 Canada. Earl David is the alleged ringleader of a massive immigration = fraud=20 scheme extradited from Canada to face charges in Manhattan Federal = Court.=20 Click here=20 for the press release.
March 20, 2012. Office of Foreign Labor Certification = Website=20 Updates.

The Office of Foreign Labor Certification (OFLC) has established a = process=20 by which members of the public may subscribe to receive e-mail alerts = whenever=20 the Department posts an announcement updating some aspect of the OFLC = website,=20 e.g., program updates, outreach announcements, new Frequently Asked = Questions=20 (FAQs), disclosure data, etc. Read the instructions on how to = subscribe to=20 OFLC e-mail alerts here.
- H2A=20 Final Part 1=20
- H2A= =20 Final Part 2=20
- H2A= =20 Final Part 3
To read a Fact Sheet on the Final Rule, = please click=20 here.

Note: Archived H-2A Program News is available at here.

Created: December 02, 2009

Updated: June 21, 2012

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Employment and Training = Administration
U.S.=20 Department of Labor | Frances Perkins Building, 200 Constitution Ave., = NW,=20 Washington, DC 20210
http://www.doleta.gov/ | Telephone:=20 1-877-US-2JOBS (1-877-872-5627) | TTY: 1-877-889-5627 | Fax: = 1-202-693-2726 | Contact = Us