February 15, 2024. Employment and Training Administration Extends Comment Period for Stakeholders to Respond to PERM Schedule A Request for Information
On December 21, 2023, the Employment and Training Administration (ETA) published a Request for Information (RFI) in the Federal Register, soliciting public input on potential revisions to Schedule A of the permanent labor certification process to include occupations in Science, Technology, Engineering and Mathematics (STEM), including Artificial Intelligence related occupations and non-STEM occupations, for which there may be an insufficient number of ready, willing, able, and qualified United States workers.
In the RFI, ETA invited public comment on “evaluating the utility of expanding Schedule A to include STEM occupations” and “input on the appropriate data sources and methods for determining whether labor shortages exist, whether Schedule A should be used to alleviate any labor shortages in STEM occupations should it be determined from these data sources and methods that such shortages exist, and if so, how the Department could establish a reliable, objective, and transparent methodology for identifying STEM occupations that are experiencing labor shortages.” 88 FR 88294. In addition, the RFI requested that interested parties answer a set of questions necessary to make this evaluation.
To date, ETA has received a very limited number of comments, only a few of which have responded to the questions posed in the RFI. The public comment period for this RFI was set to conclude on February 20, 2024, 60 days after publication of the RFI. Due to the limited number of comments received and in response to a request from a stakeholder to extend the comment period, ETA has issued a Federal Register notice extending the comment period until May 13, 2024, to ensure robust feedback from interested parties and to address the stakeholder’s request.
- View Federal Register Notice, Extension of Public Comment Period, Labor Certification for Permanent Employment of Foreign Workers in the United States; Modernizing Schedule A To Include Consideration of Additional Occupations in Science, Technology, Engineering, and Mathematics (STEM) and Non-STEM Occupations
- View the PERM Schedule A RFI page
February 15, 2024. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q1 of Fiscal Year 2024
The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the first quarter of fiscal year 2024) 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, 2023 through December 31, 2023 reporting period of fiscal year 2024.
OFLC has also released selected program statistics for the first quarter of fiscal year 2024 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.
February 15, 2024. OFLC Releases the H-2B Foreign Labor Recruiter List for Q1 of Fiscal Year 2024
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, 2023 through December 31, 2023.
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 13, 2024. Office of Foreign Labor Certification Publishes the 2024 Update to Allowable Charges for H-2A Workers’ Meals and H-2A and H-2B Travel Subsistence Reimbursement, Including Lodging
The Employment and Training Administration has issued a notice in the Federal Register to announce the annual updated dollar amount H-2A employers may charge workers, other than workers in herding or production of livestock on the range occupations, for providing meals and the maximum and minimum rate at which H-2A and H-2B workers must be reimbursed for travel-related subsistence expenses. The notice also includes a reminder of the continuing obligation of H-2A and H-2B employers to pay certain lodging and travel-related expenses workers incur while traveling to and from H-2A and H-2B employment.
January 8, 2024. OFLC Publishes List of Randomized H-2B Applications Submitted January 2-4 for Employers Seeking H-2B Workers Starting April 1, 2024
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 8817 H-2B applications covering 138,847 worker positions with the start date of work of April 1, 2024.
Following the randomization procedures published in the Federal Register on March 4, 2019, OFLC completed the randomization process on January 4 and assigned to National Processing Center analysts all H-2B applications placed in Assignment Group A for issuance of Notices of Deficiency or Acceptance. Group A includes enough worker positions to reach the H-2B semi-annual visa allotment of 33,000.
On January 5, 2024, OFLC provided written notice to each employer (and the employer's authorized attorney or agent) informing them about the Assignment Group for their application(s).