DOL Regulations - Live Q&A Session with ETA
The live chat with ETA has concluded. Please view the archive of the chat below or join us for one of the other live chats scheduled for this week.
Archived Q&A Session with ETA
Tuesday December 8, 2009
12:00 Nancy: This is Assistant Secretary for Employment and Training Jane Oates, welcome to the Employment and Training Administration's Web chat on its Fall Regulatory Agenda. We look forward to your participation in the regulatory process. Today, we will answer questions on the ETA agenda and will take your suggestions on the agency's current priorities. Although the discussion today is not part of the formal rulemaking process, we hope this dialogue will encourage you to submit formal comments when rules are proposed. This Web chat is part of our efforts to foster broader stakeholder involvement in the formulation of regulations that have an impact on the day-to-day work and lives of many Americans. For more information about ETA and our range of employment and training programs please visit www.doleta.gov.
12:03 Comment From Ryan Hess, ETR: The NPRM for TAA Merit staffing drew a variety of comments in support of and opposed to the rule. Are any significant changes to the initial proposal under consideration for final action, which the agenda projects for February?
12:03 Nancy: Ryan, we appreciate the question. As you know, the formal comment period has closed. We will consider all comments submitted during the formal comment period. To view comments, visit www.regulations.gov.
12:05 Moderator: Pardon the interruption here. Our settings from the last Web chat were still active and the responses above are from Jane Oates, not "Nancy."
12:06 Comment From Ryan Hess, ETR: Could you comment on what major aspects of YouthBuild funding will come under, or be subject to major provisions of the program's forthcoming regulations?
12:06 Jane Oates: Ryan, the YouthBuild proposed rule is being developed and is scheduled to be published in June 2010. Generally, you can find DOL's proposed regulations and submit comments by visiting www.regulations.gov.
12:10 Comment From Brian: Can you address the likelihood of any regulatory requirement mandating a certain percentage of WIA funds to be spent on training and training-related activities?
12:10 Jane Oates: Thank you for your question, Brian. ETA does not currently have any WIA formula program rulemaking on its Regulatory Agenda.
12:11 Moderator: Here is Jane at the keyboard!
12:11 : 
12:11 Comment From Matthew Kriezelman: When is ETA going to begin accepting PERM applications on the new icert platform?
12:11 Jane Oates: Matthew, we intend to start accepting PERM applications on the iCert platform at some point after other priorities have been met. For example, we have as a top priority the implementation of an electronic prevailing wage determination submission that will help with all foreign labor certification applications.
12:12 Comment From Shahid: Regarding ETA's Foreign Labor Certification division, are there any plans to reduce the enormous backlog (current processing time is around 11-12 months)?
12:13 Jane Oates: Thanks, Shahid, for your question. We have and will continue to implement mechanisms to reduce processing times in PERM, including the hiring and training of additional federal staff to reduce the backlog.
12:15 Comment From BA: Not sure if this is the proper forum to address this, but I recently saw new regs regarding the procedures for obtaining prevailing wages for H-1B and labor cert filing. the reg. stated that the request can only be submitted by mail. will there be an option to fax or email the request any time soon?? if so, when??
12:15 Jane Oates: Thanks, BA, for your question. The Federal Register notice on December 4, 2009, notified employers of the new address of the prevailing wage processing center for mailing applications. We also are working on the electronic submission of prevailing wage determination requests.
12:17 Comment From John Q: Could you comment on the major backlogs in processing Foreign Labor Certifications, especially PERM and H1b cases? Any proposed rules on this subject?
12:17 Jane Oates: John, take a look at my answer to Shahid's question.
12:18 Comment From Tony: Are there DOL ETA plans to make Employee Learning Week a broader initiative with deeper involvement from ETA?
12:19 Jane Oates: Tony, we applaud the American Society for Training and Development's (ASTD) initiative but have not done anything specific to their efforts this year. We are committed to on-going efforts to expand professional development opportunities for all of our employees, we invite your suggestions.
12:20 Comment From Isabel: The current H-2B regulations concerning recruitment of domestic workers occurs for only 10 days (up to four months prior to the start date of the job), does that adequately test the U.S. labor market for available workers?
12:20 Jane Oates: We appreciate your question, Isabel. The adequacy of the recruitment of the domestic workforce is an issue that the department will consider in its upcoming rulemaking. The input of the public in this process will be greatly appreciated. We encourage you to submit comments at www.regulations.gov once we publish our notice of proposed rulemaking.
12:20 Comment From Claudia: When will ETA finalize regulations pending on the state unemployment insurance trust funds?
12:20 Jane Oates: Thanks for this question, Claudia. As of now, regulations are scheduled to be published in July 2010.
12:24 Comment From Catherine Haight: What is the goal for date of implementation of the electronic prevailing wage determination submission?
12:24 Jane Oates: Thank you for your question, Catherine. Our IT department is working on it and several other forms. When they have been fully tested, the forms will be implemented and a notice will go out to the public.
12:24 Comment From Andrew: Can you provide details about how the the new PERM prevailing wage process work, which I understand will become effective on January 1st. Also, in your response, let us know how long it will take to obtain a prevailing wage determination. Many thanks
12:24 Jane Oates: Andrew, thank you for your question. The Federal Register notice on December 4, 2009, laid out the process by which employers and their representatives will seek prevailing wage determination. The requests are to be submitted on Form 9141. The notice contains the address to which these requests should be submitted.
12:25 Comment From Christina, Women Employed: What information gathering are you doing on Recovery Act implementation, that will inform your plans for WIA reauthorization?
12:25 Jane Oates: Christina, unrelated to the Recovery Act, ETA and the Dept. of Education have been conducted WIA listening sessions with a variety of stakeholder groups and we are sharing all that information with the authorizers in the Senate and the House.
12:30 Comment From Ryan Hess, ETR: Will the H-2B regulatory proposal move the program away from an attestation-based model, as has been the direction with the H-2A program?
12:30 Jane Oates: Ryan, the department is considering all options in developing the H-2B NPRM.
12:30 Comment From Shai: Regarding the LCA system, there seems to be a major problem with the Department of Labor being able to verify legitimate companies Federal Employment Identification Numbers. This failure to verify obviously valid companies results in denial of LCAs and companies requiring to demonstrate proof of a valid FEIN before the company can file again. What is being done to correct this?
12:30 Jane Oates: Shai, regarding the LCA system, in seeking to verify the FEINs of employers seeking certification of labor condition applications the Department implemented the recommendations of the Government Accountability Office. The Department has made improvements on its verification process and verifications are occurring within 48 hours of the receipt of the documentation.
12:30 Comment From DT: Does ETA have any pending regulations which will assist disabled persons in finding employment or training?
12:30 Jane Oates: Thank you for your question, DT. No regulations are pending regarding assisting disabled persons with employment and training. However, we are working on a number of initiatives to provide people with disabilities better access to, and services from, the One-Stop delivery system.
12:31 Comment From Matthew: What is the best way to check on the status of a long pending PERM case?
12:31 Jane Oates: Matthew, the Department's Office of Foreign Labor Certification Web site at www.foreignlabor.doleta.gov contains the information for contacting the Atlanta Processing Center.
12:34 Comment From Mike: Will the ETA consider extending PERM like regulations for H-2B workers to allow employers to have multi year certifications to match multi year contracts?
12:34 Jane Oates: Mike, thanks for your question. The Department is in the initial stages of its H-2B rulemaking and will consider all options. We welcome the public's input during the comment process. You can submit comments once the NPRM is published at www.regulations.gov.
12:35 Comment From Evelyn: Under the electronic wage system will there be one central office reviewing prevailing wage requests for all states?
12:36 Jane Oates: Evelyn, thanks for your question. Yes, on Friday, December 4, the Department announced in the Federal Register that a centralized office has been opened in Washington, D.C., and effective January 1, 2010, it will begin accepting all ETA Form 9141s.
12:37 Comment From Guest: Can you clarify the effective date of the new federal prevailing wage determination system, and the end of the SWAs? The Federal Register notice states effective December 15, 2009,and in another place states January. Can you please clarify. Thank you.
12:38 Comment From Darlene: Are there any new training services available from the One-Stop centers to specifically target the many laid off steelworkers?
12:39 Jane Oates: Darlene, Steelworkers and other unemployed workers have expanded resources available for training through additional Recovery Act funding for dislocated workers and the expanded Trade Adjustment Assistance program.
12:39 Jane Oates: Guest, we appreciate your question. Please see my response above to Evelyn at 12:36 p.m.
12:40 Comment From Matthew: Is there any way that ETA can provide a phone number for any special requests through the PERM program?
12:40 Jane Oates: Matthew, thanks for this question. The Department prefers written requests to minimize any misunderstandings in communication. There are no plans to change that practice.
12:42 Comment From Anne via email: Effective January 1, 2010, all prevailing wage requests for PERM applications and temporary non-immigrant applications are required to be mailed to Washington DC. Does DOL have an estimated turn around time for processing these requests upon receipt? When does DOL expect to have a fax line available for this process (similar to what we now have)? When does DOL expect to be able to accept requests for prevailing wages electronically? Will this process result in a better "vetting" of companies who file Labor Condition Applications (LCAs) through iCERT? Specifically, companies who have been receiving standard "denials" on LCAs because of issues with the Federal Employer Identification Number. Finally, are the questions and answers from this forum going to be made public?
12:42 Jane Oates: Anne, thank you for questions; I've answered most of them already in the chat. With respect to your last questions, these questions and answers are immediately saved on the site, and will be available at www.dol.gov/regulations.
12:45 Comment From Claudia: Regarding your answer to Evelyn's question - how will a centralized office improve the speed and efficiency of processing prevailing wage requests?
12:46 Jane Oates: Claudia, A centralized office will provide consistent adjudication of all prevailing wage requests. Consistent to judication will enable the Department to ensure that its statutory mandate with respect to the labor certification programs is being met.
12:46 Comment From Andrew: Regarding the new prevailing wage determination system, I cannot understand how the agency will handle the multitude of mail-in requests and still meet customer needs for filing H-1B petitions on a timely basis. Can you explain how the mail-in procedure will work? Many thanks.
12:46 Jane Oates: Andrew, thank you for continuing to participate in this chat. Again, we suggest that you read the Federal Register notice that was published on Friday, Dec. 4. It explains all of the filing requirements for program users.
12:49 Comment From C. Michael Ferraro: [Reposted from yesterday's chat with the Secretary] I know that this is probably a question for ETA tomorrow, but, your thoughts on when WIA will be reauthorized?
12:49 Jane Oates: Michael, hopefully the reauthorization of the Workforce Investment Act will be considered by Congress in 2010. We feel that the reauthorization offers us the opportunity to build on demonstrated best practices, to coordinate more effectively with other federal programs and to eliminate barriers to serving the neediest customers.
12:49 Comment From Mike: The BLS published OES wages often appear to lack actual data or leapfrogs data across large geographic areas in an attempt to seed higher wages. This is creating a situation where inaccurate data is fueling the PWD process, and cascading wage inflation for the future based on inaccurate data and dysfunctional statistical models. Will the ETA look into this matter?
12:49 Jane Oates: Mike, ETA will discuss the OES issue you raise with BLS.
12:53 Comment From Yasmin Blackburn: Anne asked quite a few questions, but one I had as well that hasn't been answered is how long the turnaround time would be for wag requests?
12:53 Comment From Andrew: Following up on Shahid's question, how long is it taking to process PERM applications?
12:53 Jane Oates: Yasmin, it is impossible to provide an accurate answer for how long any process takes. Each request is unique - and the time to final determination is directly linked to the completeness of information and complexity of the particulars of the request.
12:53 Comment From Judy: Can you give us some idea as to why it takes almost two years for DOL to give the results of a PERM audit?
12:54 Jane Oates: Andrew and Judy - Please see my response to Yasmin, above.
12:57 Comment From Matthew: Currently when submitting prevailing wage determinations with SWA we are able to communicate directly with the officers of the SWA, either by phone or email if we believe they made a mistake in the determination. Is there going to be a way to speak directly with the officer who makes the determination under the new process?
12:57 Jane Oates: Matthew, please see our previous answer about direct contact on PERM applications.
1:01 Comment From Judy: How many persons on staff are reviewing PERM applications? Is there another division reviewing Audits?
1:01 Jane Oates: Judy, the entire Atlanta Processing Center is concentrating solely on processing PERM applications. Some staff concentrate solely on audited applications.
1:02 Comment From NS: Our office moved and we reported change of address but certified and audits are not being delivered to us. Any suggestions?
1:02 Jane Oates: NS, each program has specific instructions for how to inform us of a change of address. Please go to www.foreignlaborcert.doleta.gov for more information.
1:03 Comment From jhy: when do you expect final H2A regulations will published?
1:03 Jane Oates: jhy, As stated in the new Regulatory Agenda, the Department expects to publish a final H-2A rule in February 2010.
1:04 Comment From Shai: Jane, thank you for answering my question. The problem here is not the DOL taking only 48 hours to verify companies once FEIN information is submitted. The problem is that legitimate businesses with obviously valid FEINs should not be made to submit such proof. There has to be a better way for the DOL to verify companies FEINs. Surely, there is a way to do this, no?
1:04 Jane Oates: Shai, thank you for your thoughts. As a matter of thoroughness and at the recommendation of the General Accountability Office (GAO), we review all employer FEINs to determine whether they are legitimate. When the FEIN does not appear to be valid through various databases and other checks, we must deny the Labor Condition Application (LCA). Employers can proactively submit FEIN information before filing as outlined in the LCA Frequently Asked Questions recently posted to the Department's Office of Foreign Labor Certification Web site, http://www.foreignlaborcert.doleta.gov/.
1:04 Comment From Mark: Do you see Wagner-Peyser as the delivery mechanism for Title 1 services
1:04 Jane Oates: Mark, Wagner-Peyser is a major program supporting services in the One-Step system in an integrated manner with all Title I Workforce Investment Act programs and other partner services.
1:05 Comment From Sateesh Chakilam: Why are foreign labor certifications denied at USCIS at later state on Eb2 and Eb3 basis ? are they not supposed to be handled at PERM level?
1:05 Jane Oates: Sateesh, the determination of preference status (EBZ and EB3) is a CIS determination and the Department has no statutory role in that determination.
1:05 Jane Oates: Thank you for taking the time to participate in today's Web chat. We look forward to your continued comments as we move forward with the formal rulemaking process on several of these agenda items. Your input is important to ETA as we develop regulations that make sure all workers have access to good jobs that offer the wage security and benefits they deserve. As proposed rules are published, I invite you to submit your comments at www.regulations.gov.
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