Announcements

December 5, 2022. OFLC Announces Webinar on December 7, 2022, to Update Stakeholders on the Process for Filing H-2B Applications with a Start Date of April 1, 2023, or Later

The Office of Foreign Labor Certification (OFLC) invites stakeholders to participate in a webinar that provides best practices and helpful tips for preparing H-2B Applications for Temporary Employment Certification (Form ETA-9142B and appendices). The webinar will discuss:

•    Regulatory timeframes and filing requirements for H-2B applications with a start date of need of April 1, 2023, or later;
•    Procedures OFLC uses to randomly select H-2B applications for review and processing;
•    Helpful hints and reminders to avoid deficiencies during application process.

This webinar will be recorded and posted to the OFLC website along with presentation materials for future reference. Please be advised there is a 1000-person participant limit to this webinar. *Also note, if you are experiencing audio difficulties using a computer, please combine the presentation with the ”Join by Phone” details indicated below.

Details of the webinar are as follows:

Wednesday, December 7, 2022: 2:00 PM to 3:00 PM  |  (UTC-05:00) Eastern Time (US & Canada)  |  1 hr 
 
Join from the meeting link:
https://usdol.webex.com/usdol/j.php?MTID=m826dbe7a51c4c60ea13e22638f270822

Join by meeting number: 
Meeting number (access code): 2764 494 5346 
Meeting password: H2BUpdate2022

Tap to join from a mobile device (attendees only):
1-877-465-7975,,27644945346## US Toll Free
+1-210-795-0506,,27644945346## US Toll

Join by phone:
1-877-465-7975 US Toll Free
1-210-795-0506 US Toll

Join from a video system or application:
Dial 27644945346@usdol.webex.com
You can also dial 207.182.190.20 and enter your meeting number.

December 1, 2022. The Department of Labor’s Office of Foreign Labor Certification Will Propose Rescission of H-2B Registration Requirements and Will Provide Unique H-2B Temporary Registration Numbers Per District Court’s Order

The Department of Labor (Department) published the current H-2B regulations, Temporary Non-Agricultural Employment of H-2B Aliens in the United States, as an interim final rule with the Department of Homeland Security (DHS) on April 29, 2015. 80 FR 24042. With the interim final rule, the Department created a separate H-2B registration process to determine whether an employer has a temporary need for nonagricultural services or labor, subject to review by DHS as the final arbiter of temporary need. The interim final rule stated the registration process would be implemented through the publication of a notice in the Federal Register. The Department has not implemented the H-2B registration process.

On November 2, 2022, the U.S. District Court for the Central District of California issued an order in Padilla Construction Company, et. al. v. Martin J. Walsh, et. al., No. 2:18-cv-1214 (C.D. Cal. Nov. 2, 2022). Under the order, the Department will propose to rescind H-2B registration requirements contained in 20 CFR 655.11 and 655.12 and propose conforming edits throughout its H-2B regulations at 20 CFR part 655, subpart A to remove references to the H-2B registration process through future notice and comment procedures. In the interim, the Department will use the Notice of Acceptance (NOA), which is issued when an H-2B application meets regulatory requirements and is permitted to commence recruitment of U.S. workers, to inform an H-2B employer of the Department’s determination on its temporary need for services or labor. Where an employer is determined to have a temporary need for services or labor, the NOA will provide the employer with a unique temporary need registration number, which may remain active for up to three years and which will be considered as one piece of evidence during the Department’s adjudication of the employer’s temporary need in future application filings. The Department will use a Notice of Deficiency to inform an H-2B employer when its temporary need for an application filing is in question, to request additional information, and also to inform an employer of deactivation of its temporary need registration number if the number has expired or if it appears that the employer no longer demonstrates a temporary need. For more information, please see the district court’s order below.

Important Note: This announcement of the Department’s future proposal to rescind H-2B registration requirements will not affect H-2B application filings for the 2023 peak application filing season for the second half visa cap.

November 25, 2022. U.S. Department of Labor Announces Additional Listening Sessions on H-2A Program

The U.S. Department of Labor previously announced that it intends to engage in additional rulemaking concerning the H-2A visa program for temporary agricultural employment of foreign workers. The Department will consider new ways to support worker voice and promote employer accountability. As we review the Department’s H-2A regulations, we are eager to hear from stakeholders that represent diverse interests and perspectives.

The Department of Labor initially announced it would conduct two virtual listening sessions, one for employers and their representatives and another for workers and their advocates to gather input about possible changes to the H-2A regulations. The Department has added two additional listening sessions. Each listening session will offer the opportunity to give input into the possible rulemaking, so participants need attend only one session.

Our goals are to listen, engage the public, and hear from many voices who could be impacted by potential changes to the regulations. We are interested in hearing about the experiences of workers and employers, so we encourage worker and employer representatives to include their members’ perspectives in their remarks or to invite workers or employers to share their experiences directly.

We invite you to join the virtual listening sessions for worker and employer representatives with Department of Labor officials. Please find below the breakdown and registration links to each of the sessions:

These are public events. Registrants will be emailed a Zoom link one day before the event begins. Please note that if you have already registered for a session, you do not need to register again.

If you require an accommodation or language interpretation to attend this listening session, please email whd-events@dol.gov at least five (5) business days prior to the event so we can make arrangements.

Please direct any questions to WHD-Events@dol.gov.

November 21, 2022. The Department of Labor Publishes 2022 H-2A Final Rule Frequently Asked Questions, Prevailing Wage Surveys

OFLC has issued a set of Frequently Asked Questions (FAQs), Prevailing Wage Surveys, associated with the publication of the final rule, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (“2022 H-2A Final Rule”).

November 17, 2022. U.S. Department of Labor Announces Listening Sessions on H-2A Program

The U.S. Department of Labor previously announced that it intends to engage in additional rulemaking concerning the H-2A visa program for temporary agricultural employment of foreign workers. The Department will consider new ways to support worker voice and promote employer accountability. As we begin a review of the Department’s H-2A regulations, we are eager to hear from stakeholders that represent diverse interests and perspectives.

The Department of Labor will conduct two virtual listening sessions, one for employers and their representatives and another for workers and their advocates to gather input about possible changes to the H-2A regulations. Our goals are to listen, engage the public, and hear from many voices who could be impacted by potential changes to the regulations.

We are interested in hearing about the experiences of workers and employers, so we encourage worker and employer representatives to include their members’ perspectives in their remarks or to invite workers or employers to share their experiences directly.

We invite you to join the virtual listening session for worker and employer representatives with Department of Labor officials. Please find below the breakdown and registration links to each of the sessions:

These are public events. Registrants will be emailed a Zoom link one day before the event begins.

If you require an accommodation or language interpretation to attend this listening session, please email whd-events@dol.gov at least five (5) business days prior to the event so we can make arrangements.

Please direct any questions to WHD-Events@dol.gov.

November 15, 2022. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q4 of Fiscal Year 2022

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the final 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 September 30, 2022 reporting period of fiscal year 2022.

OFLC has also released selected program statistics for the second 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.

November 15, 2022. OFLC Releases the H-2B Foreign Labor Recruiter List for Q4 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 September 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.

November 9, 2022. Department of Labor Announces a Stakeholder Webinar on the 2022 H-2A Final Rule Filing and Processing Updates to be Held on November 17, 2022

On November 17, 2022, the Department of Labor’s Office of Foreign Labor Certification (OFLC) will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2A program made by the H-2A 2022 Final Rule. The provisions adopted in this final rule strengthen protections for agricultural workers, enhance enforcement to prevent fraud and abuse, and simplify and modernize the H-2A application, Temporary Labor Certification, and the prevailing wage determination processes. 
 
This presentation will provide a detailed overview of how the 2022 H-2A rule will affect filing and processing including preparations to the FLAG filing system, reviewing changes to ETA Forms 790/ 790A and 9142A, calculating surety bonds, and additional topics. This webinar will be recorded and posted to the OFLC website along with presentation materials for future reference. Please be advised there is a 1000-person participant limit to this webinar. *Please note, if you are experiencing audio difficulties using a computer, please combine the presentation with the ”Join by Phone” details indicated below. 
  
Meeting Details: 

Thursday, November 17, 2022: 2:00 PM – 3:30 PM  |  (UTC-04:00) Eastern Time (US & Canada)  |  2 hrs 
 
Join from the meeting link:
https://usdol.webex.com/usdol/j.php?MTID=mf83cd84e497e3b27d31101d7b95df9a7

Join by meeting number: 
Meeting number (access code): 2761 874 1502 
Meeting password: H2AUpdate2022

Tap to join from a mobile device (attendees only):
1-877-465-7975, # US Toll Free
+1-210-795-0506, # US Toll

Join by phone:
1-877-465-7975 US Toll Free
1-210-795-0506 US Toll

Join from a video system or application:
Dial 27618741502@usdol.webex.com
You can also dial 207.182.190.20 and enter your meeting number.

October 25, 2022. The Department of Labor Publishes 2022 H-2A Final Rule Frequently Asked Questions; Job Order Filing and Processing

OFLC has issued a set of Frequently Asked Questions (FAQs), Round 2 – Job Order Filing and Processing, associated with the publication of the final rule, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (“2022 H-2A Final Rule”).

 

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