September 17, 2021. OFLC Issues H-2A Program Frequently Asked Questions, Round 15, Covering the H-2A Labor Contractor Filing Requirements of Farm Labor Contractor and Farm Labor Contractor Employee Certificates of Registration
The Office of Foreign Labor Certification has posted a set of Frequently Asked Questions (FAQs), Round 15, related to H-2A Labor Contractor filing requirements in the H-2A temporary labor certification program. These FAQs address questions related to obtaining a Farm Labor Contractor and/or Farm Labor Contractor Employee Certificate of Registration from the Department’s Wage and Hour Division as well as submitting evidence to the Certifying Officer of authorization to perform all farm labor contracting activities that will be done under the H-2A Application for Temporary Employment Certification.
September 1, 2021. Hurricane Ida Disaster Guidance
Please click here for guidance regarding reasonable case accommodations in light of the damage done by Hurricane Ida.
August 17, 2021. OFLC Announces Important Enhancements to the Foreign Labor Application Gateway (FLAG) System to Improve Customer Service and Processing
As part of the Department's technology modernization initiative, the FLAG system was implemented to improve customer service and modernize the administration of foreign labor certification programs. On August 16, 2021, the Office of Foreign Labor Certification (OFLC) released several important enhancements to the FLAG system that improves accessibility to OFLC case decisions, reduces the burden associated with completing requests for prevailing wage determinations, and enhances a system user’s ability to manage their requests for labor certification.
Specifically, the FLAG system features a new “Notification Center” within the user account that provides real-time access to OFLC decisions, and permits users to quickly upload responses and view documents associated with the labor certification application. Additionally, users have an ability to “reuse” a previously filed Form ETA-9141, Application for Prevailing Wage Determination, which will save the employer significant time and burden by pre-populating key sections of the previous application into a new request. Finally, FLAG system account users will have new options for re-assigning cases among other authorized users within their account network in order to better manage the labor certification applications under OFLC review. More detailed information explaining these updates can be found on the FLAG site including user guides and a video.
August 6, 2021. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q3 of Fiscal Year 2021
The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2021) drawn from employer applications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.
Please Note: OFLC recently implemented the revised form ETA-9141, as a result there will be two distinct PW disclosure data files along with two distinct Worksites files. These files will each have their own record layout documents.
The public disclosure files include all final determinations OFLC issued for these programs during the October 1, 2020, through June 30, 2021, reporting period of fiscal year 2021.
OFLC has also released selected program statistics for the third quarter of fiscal year 2021 for the PERM, H-1B, H-1B1, E-3, H-2A, H-2B, CW-1, and Prevailing Wage programs.
August 6, 2021. OFLC Releases the H-2B Foreign Labor Recruiter List for Q3 of Fiscal Year 2021
The Office of Foreign Labor Certification (OFLC) has published an updated list of the names of foreign labor recruiters for the H-2B program as required by 20 CFR 655.9(c).
The list contains the name and location of persons or entities identified on Appendix C of the Form ETA-9142B that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective H-2B workers to perform the work described on their H-2B application.
The H-2B Foreign Labor Recruiter List includes only those names and locations associated with H-2B applications that were processed or issued a final decision during the October 1, 2020, through June 30, 2021, reporting period of FY 2021.
By publishing the foreign labor recruiter list, OFLC is ensuring greater transparency for the H-2B worker recruitment process and facilitating information sharing between the U.S. Department of Labor and other agencies.
July 16, 2021. OFLC Announces Relocation of the Office of Foreign Labor Certification's Atlanta National Processing Center; Change of Physical Mailing Address
The Employment and Training Administration issued a Federal Register notice informing the public that the Office of Foreign Labor Certification’s (OFLC) mailing address for its Atlanta National Processing Center (ANPC) will be changing beginning August 25, 2021, with the exception of mail associated with the processing of applications requesting permanent labor certification subject to supervised recruitment.
Effective August 25, 2021, any mail, including U.S. Postal Service and other courier mail or parcel delivery packages, etc., sent to ANPC must be submitted to the following new mailing address: U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, 200 Constitution Avenue, NW, Room N-5311, Washington, DC 20210. The one exception is mail associated with Supervised Recruitment under 20 CFR 656.21, which must continue to be submitted to: U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, Atlanta National Processing Center, Attn: Supervised Recruitment, P.O. Box 56625, Atlanta, GA 30343.
Employers are reminded to adhere to regulatory requirements at 20 CFR 656.10(d), including providing ANPC’s correct new mailing address, specified above, on the Notice of Filing (NOF) that must be posted when employers file a Form ETA-9089, Application for Permanent Employment Certification. If the required 10-day posting period for a NOF commences after September 5, 2021, employers must include the new mailing address contained in the notice. 20 CFR 656.10(d)(3)(iii).
July 16, 2021. OFLC Releases Frequently Asked Questions for Implementation of the Revised Form ETA-9141
The Office of Foreign Labor Certification (OFLC) has released Round 3 of frequently asked questions (FAQs) from the National Prevailing Wage Center (NPWC) to respond to inquiries from the April 27, 2021, webinar on implementing the revised Form ETA-9141. The revised Form ETA-9141 provides a separate section to be completed by employers who accept alternative job requirements in addition to the minimum job requirements. The new alternative job requirements section: (1) improves NPWC’s ability to ensure that prevailing wages provided to employers and listed on the Form ETA-9089 do not adversely affect U.S. workers and support a valid labor market test in instances where the alternative requirements would result in a higher wage; and (2) reduces employers’ burden of completing a separate Form ETA-9141 for each set of requirements.