Announcements

February 25, 2021. OFLC Announces Webinar to Update Stakeholders on the Process for Filing CW-1 Applications for Employment in the Commonwealth of the Northern Mariana Islands

The Office of Foreign Labor Certification (OFLC) invites interested stakeholders to participate in a webinar that provides technical assistance and helpful tips for preparing the CW-1 Application for Prevailing Wage Determination (Form ETA-9141C) and the Application for Temporary Employment Certification (Form ETA-9142C). The webinar will provide technical assistance to employers (and authorized attorneys or agents) on how to complete and submit Forms ETA-9141C and ETA-9142C and cover some of the most pressing post-filing issues employers encounter.

Date and Start Time: Thursday, March 18, 2021 at 9:00 AM Chamorro Standard Time (GMT+10); Wednesday, March 17, 2021 at 6:00 PM Eastern Time (US & Canada) | 1 hour 30 minutes
WebEx Link: https://usdol.webex.com/usdol/j.php?MTID=m64298869e6b7946a2bb0d2b0cc1ffd86

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Meeting number (access code): 199 186 1661
Meeting password: CNMIOutreach

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Please note: Webinars are limited to 1,000 participants.

February 23, 2021. The Department of Labor Publishes New 2021 H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations

The Department of Labor (DOL) has published a notice in the Federal Register announcing updates of the AEWRs for the employment of H-2A workers to perform agricultural labor or services other than the herding or production of livestock on the range. These rates are effective immediately pursuant to a recent federal court order. Supplemental Order Regarding Preliminary Injunctive Relief, United Farm Workers, et al. v. U.S. Dep’t of Labor, et al., No. 20-cv-1690 (E.D. Cal. Jan. 12, 2021), ECF No. 39. AEWRs are the minimum wage rates DOL has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular occupation and area so that the wages and working conditions of similarly employed workers in the United States will not be adversely affected. The notice announces the new hourly AEWRs, by State, for all agricultural employment (except for the herding or production of livestock on the range, which is covered by 20 CFR 655.200-235). Pursuant to the district court’s orders in United Farm Workers, et al. v. U.S. Dep’t of Labor, et al., No. 20-cv-1690 (E.D. Cal.), which enjoined the Department from implementing the 2020 AEWR final rule, Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States, 85 FR 70445 (Nov. 5, 2020), and ordered the Department to operate under the 2010 rule, Temporary Agricultural Employment of H-2A Aliens in the United States, 75 FR 6884 (Feb. 12, 2010), the new hourly AEWRs are equal to the annual weighted average hourly wage rate for field and livestock workers (combined) in the state or region as published by the U.S. Department of Agriculture in the 2020 Farm Labor Report on February 11, 2021 and are effective immediately.

February 3, 2021. OFLC Releases the H-2B Foreign Labor Recruiter List for Q1 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 December 31, 2020, 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.

February 3, 2021. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q1 of Fiscal Year 2021.

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the fourth quarter of fiscal year 2020) 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, 2020, through December 31, 2020, reporting period of fiscal year 2021.

OFLC has also released selected program statistics for the first quarter of fiscal year 2021 for the PERM, H-1B, H-1B1, E-3, H-2A, H-2B, CW-1, and Prevailing Wage programs.

February 2, 2021. U.S. Department of Labor Announces Proposed Delay in Effective Date of Final Rule Affecting Wages for H-1B and PERM Workers

The Department of Labor issued a Federal Register notice proposing a 60-day delay of the effective date of the Final Rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States from March 15, 2021 until May 14, 2021. On January 20, 2021, Ronald A. Klain, Assistant to the President and Chief of Staff, issued a memorandum titled “Regulatory Freeze Pending Review” that directed federal agencies to consider postponing the effective date of any rules published in the Federal Register but not yet taken effect to allow the new administration to review “any questions of fact, law, and policy” raised by the rule. ETA seeks comment on the proposed delay, including the proposed delay’s impact on any legal, factual, or policy issues raised by the underlying rule and whether further review of those issues warrants such a delay. All other comments on the underlying rule will be considered to be outside the scope of this rulemaking. Written comments must be received by February 16, 2021. For more information, please see the link below.

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