April 2, 2021. The Department of Labor Publishes a Request for Information Inviting Interested Parties to Provide Information on Sources of Data and Methodologies for Determining Prevailing Wage Levels in the H-1B, H-1B1, E-3, and PERM Programs

The Department of Labor (Department) is seeking information on the best available sources of data and methodologies that can be used in computing different levels of wages based on the Occupational Employment Statistics (OES) wage survey administered by the Bureau of Labor Statistics (BLS), commensurate with experience, education, and level of supervision for a specific occupation and geographic area. The information received in response to this Request for Information (RFI) will inform and be considered by the Department as it reviews the Final Rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, which may result in the development of a future notice of proposed rulemaking to revise the computation of prevailing wage levels in a manner that more effectively ensures the employment of certain immigrant and nonimmigrant workers does not adversely affect the wages of U.S. workers similarly employed.

The Department invites the submissions of comments, information, data, and supporting materials based on the questions provided in the RFI for a period of 60 days. All comments must be received on or before June 1, 2021.

April 2, 2021. OFLC Announces New Form ETA-9141, Application for Prevailing Wage Determination, for Use Beginning May 3, 2021

The Office of Management and Budget approved the Office of Foreign Labor Certification’s (OFLC) revisions to the Form ETA-9141, corresponding appendix, and instructions. The revisions will better align information collection requirements with the Department’s regulations, provide greater clarity to employers on regulatory requirements, and standardize and streamline information collection to reduce employer time preparing applications. They will also promote greater efficiency and transparency in OFLC’s review and issuance of prevailing wage determinations. This new form must be used for all new prevailing wage applications beginning May 3, 2021.

Transition Schedule for Submitting Prevailing Wage Application Forms

  • May 3, 2021 5:59 a.m. EST, all initiated cases must be submitted prior to 6:00 a.m. EST, when system maintenance will begin. After maintenance begins, initiated cases not yet submitted will be deleted and a new application using the new Form ETA-9141 will need to be created.
  • May 3, 2021 8:00 a.m. EST (approximate) OFLC will only accept prevailing wage applications submitted using the new Form ETA-9141. OFLC will reject—without further review—prevailing wage paper applications submitted using the current version of Form ETA-9141.

April 2, 2021. OFLC Announces Webinar to Update Stakeholders on the New Form ETA-9141, Application for Prevailing Wage Determination

The Office of Foreign Labor Certification (OFLC) invites interested stakeholders to participate in a webinar that provides an overview of updates to Form ETA-9141, Application for Prevailing Wage Determination. The webinar will:

  • Identify changes in the new Form ETA-9141 from the current Form ETA-9141
  • Discuss how the changes appear in FLAG
  • Provide technical assistance and helpful tips for preparing the new form

Date and Start Time:
Tuesday, April 27, 2021
2:00 PM Eastern Time (US & Canada) (UTC-04:00) | 2 hrs.

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Meeting number (access code): 199 919 9129
Meeting password: OFLCNew9141

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

April 1, 2021. The Department of Labor’s Response to Requests to Raise the H-2B Visa Cap

The Department of Labor recognizes that obtaining a reliable workforce is crucial to meeting the labor needs of American businesses. We also recognize how important it is to put Americans back to work.

On Dec. 27, 2020, the Consolidated Appropriations Act, 2021, was signed into law. This act authorizes the Secretary of Homeland Security, after consultation with the Secretary of Labor, to increase the number of H-2B visas available to U.S. employers in Fiscal Year (FY) 2021 if American businesses’ needs cannot be met with qualified, willing, and able U.S. workers. The Department of Labor will help inform the Department of Homeland Security’s decision whether to increase the number of H-2B visas available during FY 2021.

While the current cap for H-2B visas has been met for FY 2021, we encourage every employer seeking workers to visit the almost 2,400 American Job Centers (AJC) nationwide to find and hire talented workers, as well as to train and retain qualified workers. Additionally, the Department recognizes the incredible value of our nation’s veterans and encourages tapping into their skills and talents. There are Veteran Employment Representatives in every AJC across the country who can assist businesses and veterans with their employment needs. You may also consider working with the Department’s Veterans Employment and Training Service to facilitate recruitment efforts in the veteran community.

We understand the importance of this issue to both American workers and American employers. We will continue working collaboratively with our partners at DHS in an ongoing effort to ensure effective operation of the H-2B program.

March 22, 2021. The Department of Labor Announces Additional Proposed Delay in Effective Date of Final Rule Affecting Wages for H-1B and PERM Workers

The Department of Labor (Department) issued a Federal Register notice proposing to further delay the effective date of the Final Rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, for a period of eighteen months or until November 14, 2022. The Department has also proposed corresponding delays to the rule’s transition dates. The Department invites public comment on the proposed delay on or before April 21, 2021.



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