Announcements

May 18, 2022. The Departments of Labor and Homeland Security Publish Rule Increasing the Number of H-2B Visas Available in the Second Half of Fiscal Year 2022

The U.S. Departments of Labor and Homeland Security have published a temporary final rule (TFR) increasing the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of no more than 35,000 additional visas for Fiscal Year (FY) 2022 positions with start dates on or after April 1, 2022 through September 30, 2022, to employers that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested under the cap increase. Of the 35,000 visas available, up to 23,500 are limited to H-2B returning workers, and up to 11,500 are reserved for nationals of the Northern Triangle Countries (Guatemala, El Salvador, and Honduras) and Haiti. The TFR provides additional protections for U.S. workers, flexibility for foreign workers, and additional recruitment requirements for certain employers.

In support of this rule, the Office of Foreign Labor Certification (OFLC) has posted the new Form ETA-9142-B-CAA-6 and the accompanying instructions. The TFR requires an employer to attest, among other things, to the fact that it is suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested under the cap increase. This attestation must be submitted to the United States Citizenship and Immigration Services along with Form I-129, in support of an H-2B application subject to the H-2B cap on or before September 30, 2022. The attestation is available on the Forms page of the OFLC website at: https://www.dol.gov/agencies/eta/foreign-labor/forms.

May 13, 2022. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q2 of Fiscal Year 2022

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the second 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 March 31, 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.

May 13, 2022. OFLC Releases the H-2B Foreign Labor Recruiter List for Q2 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 March 31, 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.

May 11, 2022. The Office of Foreign Labor Certification (OFLC) Places Presentation Materials on Website for Public Access. 

On April 19, the OFLC hosted a webinar providing tips and assistance for stakeholders on the Process of Filing Form ETA-9141, Application for Prevailing Wage Determination, for the Permanent and Labor Condition Programs.  Webinar recordings and presentation materials are available on the program page indicated below.

•    Recording and Presentation are located under the “Webinars” tab on the Prevailing Wage Information and Resources page located here: https://www.dol.gov/agencies/eta/foreign-labor/wages

April 28, 2022. OFLC Announces a Reminder to Filers of Form ETA-9142B that Submitted Their Initiated Cases Prior to April 28, 2022

The Foreign Labor Application Gateway (FLAG) will implement technical improvements to H-2B filing that will improve the Form ETA-9142B submission process today. FLAG will upgrade the H-2B form fill and submit module, which is expected to reduce lag time in completing form fields, document uploads, and appendices. All other FLAG H-2B functionality will be available to filers in the upgraded fill and submit module.

H-2B submissions after 6:00 p.m. EST on April 28, 2022, must be initiated and submitted in the new form module. As a result, any initiated H-2B cases submitted prior to 6:00 p.m. EST on April 28, 2022, will be deleted and a new application using the upgraded module will need to be created.

April 8, 2022.  OFLC Announces Webinar on April 19, 2022, to Provide Technical Assistance to Stakeholders on the Process for Filing the Form ETA-9141, Application for Prevailing Wage Determination, for the Permanent and Labor Condition Programs

The Office of Foreign Labor Certification invites interested stakeholders to participate in a webinar that provides technical assistance and helpful tips for preparing Application for Prevailing Wage Determination (Form ETA-9141) for the permanent and labor condition application programs, for both Occupational Employment and Wage Statistics (OEWS) and Non-OEWS (e.g., survey) prevailing wage requests. This webinar will provide employers, attorneys, and agents) helpful hints and cover some of the most pressing post-filing issues employers encounter to complete and submit the Form ETA-9141.


Meeting Details:

Tuesday, April 19, 2022: 1:00 PM  |  (UTC-04:00) Eastern Time (US & Canada)  |  2 hrs 

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Meeting number (access code): 2761 956 3529
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April 05, 2022. OFLC Announces a Reminder to Filers of Form ETA-9142B to Submit Their Initiated Cases Prior to April 28, 2022

The Foreign Labor Application Gateway (FLAG) will implement technical improvements to H-2B filing that will improve the Form ETA-9142B submission process. FLAG will upgrade the H-2B form fill and submit module, which is expected to reduce lag time in completing form fields, document uploads, and appendices. All other FLAG H-2B functionality will be available to filers in the upgraded fill and submit module.

H-2B submissions after 6:00 p.m. EST on April 28, 2022, must be initiated and submitted in the new form module. As a result, any initiated H-2B cases submitted prior to 6:00 p.m. EST on April 28, 2022, will be deleted and a new application using the upgraded module will need to be created.

March 29, 2022. The Office of Foreign Labor Certification (OFLC) Places Presentation Materials on Website for Public Access. 

On March 22, the OFLC hosted a webinar providing tips and assistance for stakeholders in the CW-1 Temporary Certification program and, on March 23, for stakeholders interesting in H-2B Prevailing Wages and Surveys.  Webinar recordings and presentation materials are available at the respective program pages as indicated below.

March 22, 2022: CW-1 Common Issues and Filing Tips
•    Recording and Presentation are located under the “Webinar” on the CW-1 Program page located here: https://www.dol.gov/agencies/eta/foreign-labor/programs/cw-1

March 23, 2022: H-2B Prevailing Wage Determination General Filing Tips and Survey 101 for Surveyors
•    Recording and Presentation are located under the “Webinar” on the Prevailing Wage Information and Resources page located here: https://www.dol.gov/agencies/eta/foreign-labor/wages
 

March 18, 2022. OFLC Announces a Webinar on March 23, 2022 to Provide H-2B Prevailing Wage Determination General Filing Tips and Survey Basics for Surveyors

As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, OFLC's National Prevailing Wage Center will host a two-hour webinar on Wednesday March 23rd, 2022. The first half of the presentation will provide general filing tips and trends for the H-2B Prevailing Wage Determination process. The second half will educate surveyors on H-2B survey concepts.

Meeting Details:

March 23rd,  2:00 PM - 4:00 PM Wednesday, Mar 23 2022 (UTC-04:00) Eastern Time (US & Canada)

Join by Meeting Link: https://usdol.webex.com/usdol/j.php?MTID=m1a39dca607bc5f8ba506c492f4b5876f 

Join by Meeting number: 2764 944 2824
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March 14, 2022. OFLC Announces Number of Issued Certifications for Employers Seeking H-2B Workers with April 1, 2022, Start Dates of Need

The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders about the number of temporary labor certifications and worker positions issued for the H-2B program.

As of March 1, 2022, OFLC has issued 2,785 H-2B Temporary Labor Certifications covering 47,414 worker positions. Filers who have received a temporary labor certification may file a petition with the U.S. Citizenship and Immigration Services (USCIS). OFLC will continue to process H-2B applications, regardless of any H-2B visa cap administered by USCIS.

March 9, 2022. OFLC Announces Webinar on March 22, 2022, 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 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.

Meeting Details:

March 22nd, 2022 7:00 PM | (UTC-05:00) Eastern Time (US & Canada) | 1 hr / March 23rd, 2022 9:00AM | (UTC+10:00) Chamorro Standard Time | 1 hr

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Meeting number (access code): 2763 487 7128
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February 23, 2022. Office of Foreign Labor Certification Publishes 2022 Update to Allowable Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including Lodging

The Employment and Training Administration has issued a notice in the Federal Register to announce the annual update to the allowable charges that employers seeking H-2A workers, in occupations other than herding and production of livestock on the range, may charge their workers when the employer provides three meals a day and the maximum travel subsistence meal reimbursement that a worker with receipts may claim under the H-2A and H-2B programs. The notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence.

 

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