September 29, 2022. Hurricane Ian Disaster Guidance
OFLC has issued disaster guidance regarding reasonable case accommodations in light of the damage done by Hurricane Ian.
September 26, 2022. The Office of Foreign Labor Certification Announces 30-Day Public Comment Period for Draft H-2A Frequently Asked Questions Guidance on Temporary or Seasonal Need.
The Employment and Training Administration’s Office of Foreign Labor Certification (OFLC) has published a notice in the Federal Register announcing draft Frequently Asked Questions (FAQs) guidance for the H-2A temporary agricultural program titled, Round 17: Temporary or Seasonal Need Assessments; Relevant Information or Factors Related to H-2A Labor Contractors (H-2ALCs) Operating in an Area of Intended Employment (AIE) Where Agricultural Production May Occur Year-Round. See 87 FR 58374.
The draft guidance pertains to the Department of Labor’s (Department) assessment of the nature of an employer’s need for agricultural labor or services during OFLC’s review of the Form ETA-9142A, H-2A Application for Temporary Employment Certification. OFLC developed this draft guidance, and is publishing it for public comment, consistent with a directive from the Secretary of Labor for interpretive guidance clarifying how the Department assesses an H-2A employer’s need for agricultural labor or services to determine whether the employer has demonstrated a need of a temporary or seasonal nature, as required for H-2A certification.
OFLC invites written comments from the public on the draft FAQs to further inform the development of guidance regarding OFLC’s assessment of temporary or seasonal need for the H-2A program. The draft guidance is accessible at the following link:
- View a .PDF of the draft Round 17 FAQ guidance
- View the draft Round 17 FAQ guidance on regulations.gov
The public may submit written comments on the draft FAQs through October 26, 2022. You may comment by using one of the following means:
- Email your comment(s) to ETA.OFLC.H2ARound17@dol.gov; or
- Submit your comment(s) through www.regulations.gov using the docket number ETA-2022-0007. Please note: OFLC will receive comments through both means, both by email and from www.regulations.gov, so there is no need to duplicate your comment submissions through both means.
OFLC will review all written comments that are timely submitted in the manner specified above, make any changes it determines are appropriate, and will publish final FAQs through a future Federal Register notice and on this website.
August 24, 2022. OFLC Announces the awarding of an investment from the Technology Modernization Fund to develop a new Permanent Labor Certification Program
To keep the public informed regarding the development and modernization of the Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) efforts to enhance and improve customers experience and security in the Permanent Labor Certification Program, OFLC was awarded an investment from the Technology Modernization Fund (TMF). For additional information, please see the link to the GSA announcement TMF Invests in Improving Public-Facing Services, Bolstering Cybersecurity | GSA.
August 15, 2022. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q3 of Fiscal Year 2022
The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2022) drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.
The public disclosure files include all final determinations OFLC issued for these programs during the October 1, 2021 through June 30, 2022 reporting period of fiscal year 2022.
OFLC has also released selected program statistics for the third quarter of fiscal year 2022 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.
August 15, 2022. OFLC Releases the H-2B Foreign Labor Recruiter List for Q3 of Fiscal Year 2022
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, 2021 through June 30, 2022.
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 12, 2022. OFLC Publishes List of Randomized H-2B Applications Submitted July 3-5, 2022, for Employers Seeking H-2B Workers Starting October 1, 2022
To keep the public informed regarding the submission and assignment of H-2B applications for review, the Office of Foreign Labor Certification (OFLC) published the Assignment Group(s) for 1,360 H-2B applications covering 29,856 worker positions with a work start date of October 1, 2022. Since the number of the H-2B applications received during the three-day filing window collectively requested fewer worker positions for certification than the number of visas available under the semi-annual visa allotment for the first half of Fiscal Year 2022, all H-2B applications filed within that time period that requested workers starting October 1, 2022, were randomly given a unique number in accordance with OFLC's randomization process and placed into the same group for assignment to analysts for review and processing.
July 6, 2022. OFLC Conducts Randomization Process on H-2B Applications Submitted Requesting an October 1, 2022, Work Start Date
The Office of Foreign Labor Certification (OFLC) completed the randomization process to randomly assign to analysts for review and processing all H-2B applications submitted during the three-day filing window, July 3-5, 2022, requesting an October 1, 2022, work start date.
During this filing period, OFLC received a total of 1,360 H-2B applications requesting 29,856 worker positions for work beginning on October 1, 2022.
OFLC will be providing written notification to employers (and, if applicable, the employer's authorized attorney or agent) with their H-2B Assignment Group. On July 12, 2022, OFLC will also publish the H-2B applications assigned to each Assignment Group on its website.
July 6, 2022. OFLC Announces Number of H-2B Applications Filed in the Foreign Labor Application Gateway (FLAG) System During the Three-day Filing Window of the Peak Filing Season
During the three-day filing window (July 3-5, 2022) of the H-2B peak filing season, employers filed 1,360 applications in the FLAG System requesting 29,856 worker positions with an October 1, 2022, work start date.
On July 6, 2022, the Office of Foreign Labor Certification (OFLC) plans to randomly order all applications requesting a work start date of October 1, 2022, that were submitted during the three-day filing window. OFLC will use the randomization procedures published in the Federal Register on March 4, 2019, to randomize the applications for assignment to analysts for review and processing.