Announcements

OFLC Major Disaster Hurricane Milton Impacted Areas

Guidance for applicants affected by Hurricane Milton

OFLC Major Disaster Hurricane Helene Impacted Areas

Guidance for applicants affected by Hurricane Helene

OFLC Major Disaster Vermont Severe Storms, Flooding, Landslides, and Mudslides Impacted Areas

Guidance for applicants affected by severe storms flooding landslides and mudslides in Vermont

Calendar Year 2024

December 12, 2024. ETA Previews Upcoming Adverse Effect Wage Rates (AEWR) for Range and Non-Range H-2A Occupations.

The Employment and Training Administration (ETA) will publish two Federal Register Notices (FRNs) in mid-December 2024. The first FRN will update the AEWR under the H-2A temporary agricultural employment program that applies to all range H-2A job opportunities for which the AEWR is determined using the Bureau of Labor Statistics (BLS) September 2024 Employment Cost Index (ECI). The second FRN will update the AEWRs under the H-2A temporary agricultural employment program that apply to the majority of non-range H-2A job opportunities for which the AEWRs are determined using the United States Department of Agriculture (USDA) October 2024 Farm Labor Survey (FLS). The final rule, Adverse Effect Wage Rate Methodology for the Temporary Employment of H–2A Nonimmigrants in Non-Range Occupations in the United States, 88 FR 12760 (Feb. 28, 2023), established the methodology for setting hourly AEWRs based on the USDA’s FLS for non-range H-2A job opportunities that are either: (1) in six Standard Occupational Classification codes comprising the field and livestock workers (combined) category, and (2) in the field and livestock workers (combined) occupational category that are located in States or regions, or equivalent districts or territories, in which the FLS reports wages. In order to ensure employers are aware of the coming updates, we are providing a preview of upcoming wage changes based on the September 2024 ECI results, published on October 31, 2024, and the October 2024 FLS results, published on November 20, 2024. Please refer to the FRNs, once published, for the effective dates of the new AEWRs.

For more information, please visit the ECI webpage located here:
https://www.bls.gov/news.release/eci.toc.htm

For more information, please visit the FLS webpage located here:
https://usda.library.cornell.edu/concern/publications/x920fw89s

December 7, 2024. OFLC Announces Webinar on December 18, 2024, to Update Stakeholders on the Process for Filing H-2B Applications with a Start Date of April 1, 2025, 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, 2025, 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 18, 2024: 2:00 PM | (UTC-05:00) Eastern Time (US & Canada) | 1 hr.

Join from the meeting link:
https://usdol.webex.com/usdol/j.php?MTID=m3f82a7f4c9aa28ac90132aefdd1233ba

Join by meeting number:
Meeting number (access code): 2818 634 4345
Meeting password: H2BUpdate

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

December 2, 2024. The Departments of Labor and Homeland Security Publish Rule Increasing the Number of H-2B Visas Available in Fiscal Year 2024

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 64,716 additional visas for Fiscal Year (FY) 2024 positions 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 64,716 visas available, up to 44,716 are limited to H-2B returning workers, and up to 20,000 are reserved for nationals of Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, or Costa Rica. The TFR provides additional protections for U.S. workers, flexibility for foreign workers, and additional recruitment requirements for certain employers.

View the TFR, Exercise of Time-Limited Authority to Increase the Numerical Limitation for FY 2025 for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking to Change Employers

In support of this rule, the Office of Foreign Labor Certification (OFLC) has posted the new Form ETA-9142-B-CAA-9 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 (USCIS) along with Form I-129, in support of an H-2B application subject to the H-2B cap. DHS will not accept any H-2B petitions under provisions related to the FY 2025 supplemental numerical allocations after September 15, 2025, and will not approve any such H 2B petitions after October 1, 2025. The attestation is also available on the Forms page of the OFLC website at: https://www.dol.gov/agencies/eta/foreign-labor/forms.

PLEASE NOTE: The TFR requires employers with a certified start date which is 30 or more days prior to the submission of their visa petition to USCIS to engage in additional recruitment of U.S. workers. Employers required to conduct additional recruitment must provide OFLC with the case number for each temporary certification which will be used in support of a visa petition to USCIS concurrently with their placement of new job orders with the State Workforce Agency. Employers who must conduct this concurrent notification requirement are encouraged to notify OFLC NPC by sending an email to H2Bsupplementalvisas@dol.gov, and including the words “H-2B TFR 2025 Recruitment” followed by the unique TLC case number in the subject line of the email.

December 1, 2024. IMPORTANT ANNOUNCEMENT: The Permanent Online System Has Been Decommissioned and is No Longer Available

The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders the legacy Permanent Online System, which provided public access to permanent labor certification applications and final determinations, was fully decommissioned effective December 1, 2024.

As part of the Department's technology modernization initiative, the Foreign Labor Application Gateway (FLAG) System was implemented to replace the legacy Permanent Online System, to improve customer service, and modernize the administration of foreign labor certification programs.

The legacy Permanent Online System is no longer accessible. Account holders and the general public are redirected to the FLAG System to submit new permanent labor certification applications.

Applications pending in the Permanent Online System after November 30, 2024, will continue to be processed by OFLC. Stakeholders who need to submit a response to the Department’s request for information, upload documents, or request a specific case action on an application that was submitted in the Permanent Online System can send an email to the Permanent Labor Certification Help Desk at plc.atlanta@dol.gov.

November 27, 2024. The Department of Labor Announces Court Orders Were Issued on November 25, 2024 by the Eastern District of Kentucky and Southern District of Mississippi Associated with Implementation of the 2024 Farmworker Protection Final Rule

Background

On April 29, 2024, the U.S. Department of Labor (Department) published the final rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States,” (“The Farmworker Protection Rule”). On August 26, 2024, the United States District Court for the Southern District of Georgia issued a preliminary injunction in the case Kansas, et al. v. U.S. Department of Labor, No. 2:24-cv-00076-LGW-BWC (S.D. Ga., Aug. 26, 2024) (“Kansas”), prohibiting the Department from enforcing the Farmworker Protection Rule in certain states and with respect to certain entities. The preliminary injunction specifically prohibits the Department from enforcing the Farmworker Protection Rule in the states of Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, and Virginia, and against Miles Berry Farm and members of the Georgia Fruit and Vegetable Growers Association as of August 26, 2024. On August 28, 2024 and again on September 10, 2024, the Employment and Training Administration issued announcements (here) regarding the Department’s compliance with the Kansas order.

District Court Order: Eastern District of Kentucky

On November 25, 2024, the United States District Court for the Eastern District of Kentucky issued a preliminary injunction in the case Barton, et al. v. U.S. Department of Labor, et al., No. 5:24-cv-249-DCR (E.D. Ky., Nov. 25, 2024) (“Barton”), enjoining and restraining the Department from implementing, enacting, enforcing, or taking any action in any manner to enforce certain provisions of the Farmworker Protection Rule. Specifically, the Barton order applies to the following provisions:

Seatbelt modifications to enhanced safety requirements including but not limited to 20 C.F.R. § 655.122(h)(4);
Any and all worker voice and empowerment provisions, and provisions allowing workers to invite and accept guests under 20 C.F.R. § 655.135 and any and all parallel provisions under §501.4, including but not limited to 20 C.F.R. § 655.135(h), § 655.135(m), and § 655.135(n);
Updated information collection requirements including but not limited to 20 C.F.R. § 655.130(a); and
New minimum pay requirements including but not limited to 20 C.F.R. § 655.120(a) and 655.122(l).

See Barton, slip op. at 40-41.

The Barton preliminary injunction is effective within the Commonwealth of Kentucky and the States of Alabama, Ohio, and West Virginia. In addition, the Department is enjoined from enforcing those subject provisions of the Farmworker Protection Rule in connection with the activities of the following plaintiffs to the proceeding, including any members of any association or entity which is a plaintiff to the proceeding as of the effective date of the preliminary injunction (November 25, 2024): Richard Barton; Doug Langley; Benny Webb; Dale Seay; David DeMarcus, II; David De Marcus, Sr.; Steve Stakelin; Agriculture Workforce Management Association, Inc. (including its shareholders/members); North Carolina Growers’ Association, Inc. (including members of that non-profit association); Workers and Farmer Labor Association, also known as “Wafla” (including members of that non-profit association); USA FARMERS, Inc. (including members of that non-profit association); National Council of Agricultural Employers (including members of that non-profit association).

District Court Order: Southern District of Mississippi

On November 25, 2024, the United Stated District Court for the Southern District of Mississippi issued a Section 705 stay in International Fresh Produce Association, et al. v. U.S. Department of Labor, et al., No. 1:24-cv-309-HSO-BWR (S.D. Miss., Nov. 25, 2024) (“IFPA”), staying the effective date of 20 C.F.R. § 655.135(h)(2) and (m) in the Farmworker Protection Rule nationwide until the conclusion of proceedings in the case, including any appellate proceedings.

Initial Guidance Related to District Court Orders

The Department will issue additional information and guidance on its ongoing compliance and implementation of these orders as soon as possible. Until additional guidance is published by the Department, as of November 27, 2024, employers (or an employer’s authorized attorney or agent) will be directed on the Foreign Labor Application Gateway (FLAG) System to prepare and submit H-2A job orders and Applications for Temporary Employment Certification using the forms applicable under the version of 20 CFR part 655, subpart B in effect on June 27, 2024.

November 26, 2024. The Department of Labor (Department) Announces a Webinar for H-2A and H-2B filers to help them understand their responsibilities under anti-discrimination laws.

The Department, in conjunction with the Equal Employment Opportunity Commission (EEOC), will be hosting a webinar on December 9, 2024, from 1:00 to 2:30 pm EST for the H-2A and H-2B filing communities that will discuss the importance of compliance with program requirements and their responsibilities under federal law, including anti-discrimination laws enforced by the EEOC. During the webinar, the EEOC will provide an overview of anti-discrimination laws, examples of unlawful fact patterns, and information for the public on how to refer suspected federal law violations and program noncompliance to the appropriate enforcement agencies.

To ensure we have sufficient space to accommodate all interested attendees, we ask that you pre-register at the webinar link below.
https://usdolevents.webex.com/weblink/register/re36addc80d775c1e948ddaf3f3fed78f

November 25, 2024. IMPORTANT ANNOUNCEMENT: Less Than One Week Of Access To The Permanent Online System Remains Before December 01, 2024, Decommissioning

The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders the legacy Permanent Online System, which provides public access to permanent labor certification applications and final determinations, will be fully decommissioned on December 1, 2024.

On December 1, 2024, the legacy Permanent Online System will no longer be accessible to account holders and the general public will be redirected to the FLAG System. Stakeholders who require documents from their Permanent Online System accounts are strongly encouraged to access and download those documents well in advance of December 1, 2024. Permanent Online System account holders who need to upload documents or request a specific case action on an application submitted in the Permanent Online System (e.g., request reconsideration, withdraw applications, etc.) should complete action in the system by November 30, 2024, at 7 PM EST.

Applications still pending in the Permanent Online System after November 30, 2024, will continue to be processed by OFLC. Starting December 1, 2024, stakeholders who need to submit a response to the Department, upload documents, or request a specific case action on an application that was submitted in the Permanent Online System must do so by email, sent to the PLC Help Desk at PLC.Help@dol.gov. Documents should be submitted as PDF attachments and named with the case number assigned and title of the attachment. After November 30, 2024, stakeholders with applications pending in the Permanent Online System will not be able to upload documents directly. Employers and their attorney/agents should continue to check their email for correspondence and notifications related to these pending applications.

November 18, 2024. Office of Foreign Labor Certification Publishes Notice of Proposed Rulemaking: H-2B Employer-Provided Wage Surveys.

The Employment and Training Administration (ETA) published a notice of proposed rulemaking (NPRM) in the Federal Register proposing to amend its regulations at 20 CFR 655.10(f) for employer-provided wage surveys for the H-2B program. The publication of the NPRM is necessary because the U.S. District Court for the District of Columbia held the 2015 Wage Rule (the Rule), specifically the data and methodology requirements of 20 CFR 655.10(f)(2) and (f)(4), to be procedurally invalid for failure to comply with the Administrative Procedure Act’s (APA) notice-and-comment requirements. Williams, et al. v. Walsh, et al., 648 F.Supp.3d 70, 75 (D.D.C. 2022). Although declining to vacate the Rule, the court remanded it for further consideration.

ETA is publishing this NPRM to cure the APA violation found by the court. Additionally, this NPRM proposes to amend the Rule to clarify existing requirements for employer-provided surveys in the H-2B program, add new requirements to increase the accuracy of employer-provided surveys, and eliminate Form ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OEWS Survey, to increase efficiency. The comment period will close on Friday, January 17, 2025.

View the Notice of Proposed Rulemaking: H-2B Employer-Provided Wage Surveys

November 15, 2024. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q4 of Fiscal Year 2024

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

Please Note: OFLC recently implemented the revised form ETA-9089. As a result, there will be two distinct PERM disclosure data files. These files will each have their own record layout documents.

The public disclosure files include all final determinations OFLC issued for these programs during the October 1, 2023 through September 30, 2024 reporting period of fiscal year 2024.

OFLC has also released selected program statistics for the fourth 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.

November 15, 2024. OFLC Releases the H-2B Foreign Labor Recruiter List for Q4 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 September 30, 2024.

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 1, 2024. IMPORTANT ANNOUNCEMENT: ONE MONTH OF ACCESS TO THE PERMANENT ONLINE SYSTEM REMAINS BEFORE DECEMBER 01, 2024, DECOMMISSIONING

The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders the legacy Permanent Online System, which provides public access to permanent labor certification applications and final determinations, will be fully decommissioned on December 1, 2024.

October 30, 2024. Office of Foreign Labor Certification Announces Annual Determination of H-2A Labor Supply States for U.S. Worker Recruitment

Pursuant to 20 CFR 655.154(d), the Office of Foreign Labor Certification (OFLC) Administrator announces the annual determination of labor supply states (LSS). LSS are additional states in which an employer’s job order will be circulated and, if appropriate, where additional recruitment may be required. On June 14, 2024, consistent with 20 CFR 655.154, the OFLC Administrator solicited public input for 60 days about LSS and related recruitment mechanisms to make a determination that identifies whether there are areas of traditional or expected labor supply for each state with respect to the availability of qualified workers and the appropriate and effective means of recruiting those workers. This determination includes specific geographic area(s) of the United States in which a significant number of qualified workers have been identified and who, if recruited through additional positive employer recruitment activities, would be willing to make themselves available for work in the state.

The LSS determination is effective as of the date of this announcement for employers who have not commenced recruitment after receiving a Notice of Acceptance. This determination will remain valid until the OFLC Administrator publishes a new determination on the OFLC website as provided by 20 CFR 655.154(d).

After consideration of the information received, the OFLC Administrator has determined that all current LSS requirements will remain in full effect, with the following modifications:

Pennsylvania: OFLC is replacing Puerto Rico and Virgina as expected labor supply states with Delaware, Maryland, New Jersey, Ohio, and West Virginia for jobs in the Commonwealth of Pennsylvania.

Updated labor supply state information is available on OFLC's labor supply State page on the Foreign Labor Application Gateway (FLAG).

View the updated page on FLAG with OFLC's current LSS determinations and additional positive recruitment requirements

September 10, 2024. The Department of Labor’s Office of Foreign Labor Certification Announces Revised Transition Schedule and Technical Guidance for Implementing H-2A Job Orders and Applications Associated with the 2024 Farmworker Protection Final Rule; Compliance with District Court Order

On August 26, 2024, the United States District Court for the Southern District of Georgia issued a preliminary injunction in the case Kansas, et al. vs. U.S. Department of Labor, No. 2:24-cv-00076-LGW-BWC (S.D. Ga., Aug. 26, 2024) (“Kansas”), prohibiting DOL from enforcing the final rule “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (Farmworker Protection Rule) in certain states and with respect to certain entities. The preliminary injunction specifically prohibits DOL from enforcing the Farmworker Protection Rule in the states of Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, and Virginia, and against Miles Berry Farm and members of the Georgia Fruit and Vegetable Growers Association as of August 26, 2024.

On August 28, 2024, the Department issued a notice regarding its compliance with the Kansas Order. Following this notice, OFLC has continued to receive and process H-2A job orders and Applications for Temporary Employment Certification in accordance with 20 CFR part 655, subpart B in effect on June 27, 2024, the calendar day before the effective date of the Farmworker Protection Rule.

Revised Transition Schedule

The Department is announcing the following revised transition schedule for receiving and processing H-2A job orders and Applications for Temporary Employment Certification under the Farmworker Protection Rule:

The National Processing Center (NPC) will continue to process all completed H-2A Applications for Temporary Employment Certification (i.e., Forms ETA-790/790A and 9142A) submitted before 7:00 p.m. Eastern Daylight Time on or before September 11, 2024, in accordance with 20 CFR part 655, subpart B in effect on June 27, 2024.
Beginning at 7:00 p.m. Eastern Daylight Time on September 11, 2024, until 12:00 a.m. Eastern Daylight Time on September 12, 2024, DOL will initiate procedures to deploy and test changes to the FLAG System to implement both the changes required by the Farmworker Protection Rule and changes designed to comply with the Kansas Order. No H-2A job orders (Forms ETA-790/790A) and Applications for Temporary Employment Certification can be submitted during this timeframe. All initiated, but unsubmitted, H-2A job orders and completed Applications for Temporary Employment Certification in the FLAG System as of 7:00 p.m. Eastern Daylight Time on September 11, 2024, will be deleted as of that time. Consistent with 20 CFR 655.134(a), the NPC Certifying Officer will grant a waiver of the regulatory time period for filing Applications for Temporary Employment Certification for employers who may be impacted by the deletion of initiated, but unsubmitted, H-2A job orders and Applications for Temporary Employment Certification.
The NPC will process all H-2A job orders and Applications for Temporary Employment Certification submitted on or after 12:00 a.m. Eastern Daylight Time, September 12, 2024, as follows:
1. The NPC will process H-2A job orders and Applications for Temporary Employment Certification not covered by the Kansas Order in accordance with 20 CFR part 655, subpart B in effect as of June 28, 2024.
2. The NPC will process H-2A job orders and Applications for Temporary Employment Certification covered by the Kansas Order — that is, applications from the states of Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, and Virginia, as well as from Miles Berry Farm and members of the Georgia Fruit and Vegetable Growers Association as of August 26, 2024 — in accordance with 20 CFR part 655, subpart B in effect on June 27, 2024.

FLAG System Change Required to Comply with Court Order

Beginning at 12:00 a.m. Eastern Daylight Time, September 12, 2024, the FLAG System will require the employer, or the employer’s authorized attorney or agent, prior to initiating an H-2A job order and Application for Temporary Employment Certification, to identify whether the work to be performed under the H-2A job order will be located in one or more of the states or will be performed for entities subject to the Kansas Order. Specifically, when the employer, or the employer’s authorized attorney or agent, selects the option to initiate a new H-2A job order and Application for Temporary Employment Certification, the FLAG System will first present the following question requiring a “YES” or “NO” response before proceeding:

Are you seeking to submit an H-2A Application under any of the following conditions?

All places of employment where work will be performed under the Form ETA-790/790A are located in one or more of the following states:
- Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, or Virginia;
OR
The legal business name of the employer identified on the Form ETA-790/790A seeking to employ or jointly employ H-2A workers is “Miles Berry Farm;”
OR
The legal business name of the employer identified on the Form ETA-790/790A seeking to employ or jointly employ H-2A workers is a member of the “Georgia Fruit and Vegetable Growers Association” as of August 26, 2024.

Where a “YES” response is provided (i.e., all the places of employment where work will be performed under the H-2A job order are subject to the Kansas Order), the FLAG System will navigate the employer, or the employer’s authorized attorney or agent, to begin preparing the H-2A job order using the Form ETA-790/790A applicable under the version of 20 CFR part 655, subpart B in effect on June 27, 2024.

Where a “NO” response is provided (i.e., all the places of employment where work will be performed under the H-2A job order are not subject to the Kansas Order), the FLAG System will navigate the employer, or the employer’s authorized attorney or agent, to begin preparing the H-2A job order using the Form ETA-790/790A applicable under the version of 20 CFR part 655, subpart B in effect as of June 28, 2024.

For employers seeking to file H-2A job orders and Applications for Temporary Employment Certification where the place(s) of employment on the single H-2A job order include states subject to the Kansas Order and states not subject to the Kansas Order, the Department provides the additional guidance below.

Additional Technical Guidance for Filing H-2A Job Orders and Applications for Temporary Employment Certification with Worksites in Both Enjoined and Non-Enjoined States in the FLAG System

To ensure compliance with the Kansas Order, OFLC will not, on the basis of a single H-2A job order and Application for Temporary Employment Certification, grant temporary labor certification where the place(s) of employment on the single H-2A job order include both states subject to the Kansas Order and states not subject to the Kansas Order (i.e., at least one of the States is subject to the Kansas Order and at least one of the States is not subject to the Kansas Order). Employers must submit a job order for work performed in states subject to the Kansas Order and a separate job order for work performed in states not covered by the Kansas Order. Otherwise, depending on the version of the Form ETA-790/790A submitted, the State Workforce Agency or the NPC will issue a Notice of Deficiency requesting removal of the applicable place(s) of employment and direct the employer, or the employer’s authorized attorney or agent, to file a separate H-2A job order for the removed place or places of employment using the appropriate version of the Form ETA-790/790A.
While the Kansas Order remains in effect, employers seeking temporary labor certification to perform herding and range livestock or itinerant animal shearing, commercial beekeeping, and custom combining with work itineraries, who would normally submit a single job order covering multiple areas of intended employment that include states which are both covered and not covered by the Kansas Order, should submit two H-2A job orders and Applications for Temporary Employment Certification: one for all places of employment covered by the injunction and another one for all places of employment not covered by the injunction.

Employers, or their authorized attorneys or agents, who have questions or need additional technical assistance regarding how to file H-2A job orders in the FLAG System may contact the OFLC H-2A Ombudsman at h2a.ombudsman@dol.gov.

August 28, 2024. The Department of Labor’s Office of Foreign Labor Certification Announces Delay in Transition Schedule for Implementing the H-2A Application and Job Order Associated with the 2024 Farmworker Protection Final Rule

The U.S Department of Labor (Department) has published the final rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (the “Farmworker Protection Rule”). The Farmworker Protection Rule is effective June 28, 2024. The Department previously announced that it would process clearance orders and associated H-2A applications filed before 7:00 PM Eastern Daylight Time on August 28, 2024, in accordance with 20 CFR part 655, subpart B in effect as of June 27, 2024. The Department explained that its case processing system, the Foreign Labor Application Gateway (“FLAG”), would then be updated to accept applications filed under the Farmworker Protection Rule. In addition, the Department explained that, to better align the implementation of the Farmworker Protection Rule’s revisions to 29 CFR 501.4(a) with parallel revisions in 20 CFR 655.135(h), the Department would begin to enforce the requirements of 29 CFR 501.4(a) as revised by the Farmworker Protection Rule only with respect to conduct or actions occurring on or after August 29, 2024. The Department also previously explained that applications submitted on or after 12:00 AM Eastern Daylight Time on August 29, 2024, would be processed in accordance with the provisions of the Farmworker Protection Rule tied directly to a temporary labor certification.

However, on August 26, 2024, the United States District Court for the Southern District of Georgia issued a preliminary injunction in the case Kansas, et al. vs. U.S. Department of Labor, No. 2:24-cv-00076-LGW-BWC (S.D. Ga., Aug. 26, 2024) (“Kansas”) prohibiting DOL from enforcing the Farmworker Protection Rule in certain states and with respect to certain entities. The preliminary injunction specifically prohibits DOL from enforcing the Farmworker Protection Rule in the states of Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, and Virginia, and against Miles Berry Farm and members of the Georgia Fruit and Vegetable Growers Association as of August 26, 2024. Accordingly, consistent with the Kansas Order, the Department will not be enforcing the Final Rule in these states or with respect to these entities while the Order remains in effect.

The Department is carefully reviewing the Kansas Order and assessing various options to comply with the Order. For now, the Office of Foreign Labor Certification (OFLC) will delay updating its FLAG system to implement revised H-2A job order and application forms associated with the Farmworker Protection Rule, originally scheduled to begin at 7:00 p.m. Eastern Daylight Time on August 28, 2024, until further notice.

As a result of this delay, OFLC will continue to receive and process H-2A job orders and applications in accordance with 20 CFR part 655, subpart B in effect as of the calendar day before the effective date as stated in the Farmworker Protection Rule. OFLC will provide additional public notice regarding a revised transition schedule as soon as possible.

August 23, 2024. OFLC Provides Materials on the 2024 Farmworker Protection Final Rule Webinar on New Forms and Helpful Filing Tips

On August 21, 2024, the Department of Labor hosted 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 2024 H-2A Farmworker Protection Final Rule. Participants of this webinar received a demonstration of new forms and changes to the FLAG processing system. The Final Rule became effective June 28, 2024, and OFLC will begin accepting applications subject to the provisions of this rule on August 29, 2024.The presentation materials are now available at the hyperlinks below and located on our website under the “Webinars” tab at the bottom of the H-2A Program page located here: https://www.dol.gov/agencies/eta/foreign-labor/programs/h-2a

August 15, 2024. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q3 of Fiscal Year 2024

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the third 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 June 30, 2024 reporting period of fiscal year 2024.

OFLC has also released selected program statistics for the third 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.

August 15, 2024. OFLC Releases the H-2B Foreign Labor Recruiter List for Q3 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).

August 14, 2024. OFLC Provides Materials on the 2024 Farmworker Protection Final Rule Webinar on New Forms and Helpful Filing Tips

On August 7, 2024, the Department of Labor hosted 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 2024 H-2A Farmworker Protection Final Rule. Participants of this webinar received helpful tips on the new forms, filing instructions, and explanation of the transition process. The Final Rule became effective June 28, 2024, and OFLC will begin accepting applications subject to the provisions of this rule on August 29, 2024.The presentation materials are now available at the hyperlinks below and located on our website under the “Webinars” tab at the bottom of the H-2A Program page located here: https://www.dol.gov/agencies/eta/foreign-labor/programs/h-2a

August 13, 2024. The Department of Labor Announces a Foreign Labor Application Gateway System Demonstration Webinar for the 2024 H-2A Farmworker Protection Final Rule to be Held on August 21, 2024

On August 21, 2024, the Department of Labor 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 2024 H-2A Farmworker Protection Final Rule. Participants of this webinar will receive a demonstration of the new forms in the Foreign Labor Application Gateway (FLAG) system. The Final Rule became effective June 28, 2024, and OFLC will begin accepting applications subject to the provisions of this rule on August 29, 2024. The meeting details are below. *Please note – there is an attendee maximum of 1000 and both the webinar recording and a copy of the presentation will be placed on our website for review at a later date.

Wednesday, August 21, 2024
3:00 PM | (UTC-04:00) Eastern Time (US & Canada) | 1 hr 30 mins

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August 7, 2024. OFLC Announces Final Decommission of the Permanent Online System

The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders the legacy Permanent Online System, which provides public access to permanent labor certification applications and final determinations, will be fully decommissioned on December 1, 2024.

July 26, 2024. The Department of Labor Announces Helpful Filing Tips and Recommendations Webinar for the 2024 H-2A Farmworker Protection Final Rule to be Held on August 7, 2024

On August 7, 2024, the Department of Labor 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 2024 H-2A Farmworker Protection Final Rule. Participants of this webinar will receive helpful tips on the new forms, filing instructions, and explanation of the transition process. The Final Rule became effective June 28, 2024, and OFLC will begin accepting applications subject to the provisions of this rule on August 29, 2024.

The meeting details are below. *Please note – there is an attendee maximum of 1000 and both the webinar recording and a copy of the presentation will be placed on our website for review at a later date.

Wednesday, August 7, 2024
3:00 PM | (UTC-04:00) Eastern Time (US & Canada) | 1 hr

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July 9, 2024. OFLC Publishes List of Randomized H-2B Applications Submitted July 3-5, 2024, for Employers Seeking H-2B Workers Starting October 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 Groups for 2,158 H-2B applications covering 44,238 worker positions with a work start date of October 1, 2024. OFLC completed the randomization process on July 6, 2024 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. One additional Assignment Group was created for the remaining applications and associated worker positions. Each filing was randomly given a unique number in accordance with OFLC's randomization process and placed into a group for assignment to analysts for review and processing.

On July 9, 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).

View the Assignment Groups for H-2B Applications Submitted July 3-5, 2024

July 3, 2024. OFLC Announces Updates to H-2A Prevailing Wage Rates in Washington State for Non-Range Occupations; Compliance with District Court Order

On July 2, 2024, the U.S. District Court for the Western District of Washington issued an order in Familias Unidas Por La Justicia v. DOL, et al., No. 24-cv-00637, enjoining the Department of Labor from implementing 20 CFR 655.120(c)(2) (the “One-Year Rule”) for prevailing wages in Washington State, and ordering the Department of Labor to reinstate and enforce the prevailing wage rates for Washington State published on January 24, 2022. Through this notice the Department is reinstating the relevant prevailing wage rates in Washington State, which is included in the link below, and available on the Department’s Agricultural Online Wage Library.

Effective immediately, and until further notice, H-2A job orders seeking temporary labor certification for work to be performed in the State of Washington on or after July 3, 2024, including job orders filed concurrently with an Application for Temporary Employment Certification to the OFLC National Processing Center for emergency situations under 20 CFR 655.134, must use the prevailing wage rate available in the link below if it is the highest applicable wage rate.

Important Reminder: In accordance with 20 CFR 655.120(c)(3), if a prevailing wage for the geographic area and crop activity or agricultural activity and distinct work task(s), if applicable, is adjusted during a work contract, and is higher than the highest of the AEWR, a previous prevailing wage for the geographic area and crop activity or agricultural activity or, if applicable, a distinct work task or tasks performed in that activity, the agreed-upon collective bargaining wage, the Federal minimum wage, or the State minimum wage, the employer must pay at least that higher prevailing wage upon the Department's notice to the employer of the new prevailing wage.

View the 2020 Washington Prevailing Wage Rates (published January 24, 2022)

July 2, 2024. Update Employment and Training Administration Publishes Federal Register Notice (FRN) Updating the H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations Using the Occupational Employment and Statistics Survey (OEWS)

The Employment and Training Administration published an FRN on June 24, 2024 updating the AEWRs under the H-2A temporary agricultural employment program that apply to a limited set of H-2A job opportunities for which the AEWR is determined using the Bureau of Labor Statistics OEWS survey. These changes will go into effect, as stated in the FRN, on July 8, 2024. The Department is also making available a preview of the non-range OEWS-based AEWRs which will go into effect on July 8, 2024.

July 1, 2024. OFLC Publishes Updated Wage Data for the Commonwealth of Northern Mariana Islands

The Office of Foreign Labor Certification (OFLC) received the 2024 Commonwealth of Northern Mariana Islands (CNMI) Prevailing Wage Study survey from the Governor of the CNMI for the CW-1 program. OFLC has approved the 2024 CNMI Prevailing Wage Study survey for 432 occupations and will issue updated CW-1 prevailing wages using this data from July 1, 2024 through June 30, 2025. The updated wage table includes prevailing wage data for a total of 848 occupations.

View the Updated CW-1 Wage Table for Wage Year 2024-25

July 1, 2024. OFLC Issues Technical Release Notes for the Occupational Employment and Wage Statistics Update for the July 2024 through June 2025 Wage Year

The Office of Foreign Labor Certification has published the latest prevailing wage data from the Occupational Employment and Wage Statistics (OEWS) as generated by the Bureau of Labor Statistics for the new wage year from July 2024 through June 2025, effective July 1, 2024. Prevailing wage determinations issued from the National Prevailing Wage Center reflect the 2018 SOC codes.

June 27, 2024. Office of Foreign Labor Certification Announces that FLCDataCenter.com Will Be Discontinued Effective July 1, 2024

FLCDataCenter.com will be discontinued effective July 1, 2024. On July 1, 2024, prevailing wage data from the Occupational Employment and Wage Statistics Survey will be available through the OFLC Wage Search tool, which can be accessed via the FLAG website (https://flag.dol.gov/wage-data/wage-search).

June 26, 2024. Office of Foreign Labor Certification Announces Publication of an Updated Appendix A to the Preamble–Education and Training Categories by O*NET–SOC Occupations for July 2024 through June 2025 Wage Year

On November 15, 2021, the Employment and Training Administration issued a Federal Register notice (FRN) informing the public that the Office of Foreign Labor Certification (OFLC) was updating Appendix A to the Preamble–Education and Training Categories by Occupational Information Network (O*NET)–Standard Occupational Classification (SOC) Occupations. Appendix A is a list of professional occupations that serves as a guide for employers to distinguish between professional and non-professional occupations in order to comply with the professional recruitment requirements of the PERM program. The FRN stated that OFLC intends to review BLS’s occupational and education data each year to publish a new list of occupations on its website, even when BLS data remain the same from the previous year.

View the November 15, 2021, Federal Register notice

OFLC is releasing this year’s Appendix A, which implements the new list of professional occupations for the July 2024 through June 2025 wage year and will be effective starting July 1, 2024.

June 25, 2024. Office of Foreign Labor Certification Reminds Employers and Stakeholders of the H-2B Application Filing Timelines for October 1, 2024, Start Dates of Work

The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the three-day filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting a work start date of October 1, 2024, will open on July 3, 2024, at 12:00 a.m. Eastern Time, and close on July 5, 2024, at 11:59 p.m. Eastern Time. This three-day period is the earliest an employer may file an application for an October 1, 2024, work start date, which is the first day of the semi-annual visa allotment for the first half of Fiscal Year 2025. Employers seeking start dates of October 2, 2024, or later must comply with the timeliness requirements at 20 CFR 655.15(b).

In accordance with regulatory requirements and OFLC’s standard operating procedures, H-2B applications requesting October 1, 2024, work start dates will be denied if they are filed before July 3, 2024, at 12:00 a.m. Eastern Time.

After the three-day filing window has closed, OFLC will randomly order applications for assignment to analysts for review and processing all H-2B applications requesting a work start date of October 1, 2024, that are filed during the three-day filing window (July 3-5, 2024) using the randomization procedures published in the Federal Register on March 4, 2019.

Helpful Filing Tips

Only one H-2B Application for Temporary Employment Certification per job opportunity should be filed to prevent duplicate filings and delayed processing. 20 CFR 655.15(f).
If “yes” is selected for “Board, Lodging, or Other Facilities” under section F.d.5, Form ETA-9142B, and deductions other than those required by law may be made from the worker’s pay, include details about the deductions and amounts to cover the reasonable cost of board, lodging, and other facilities in section F.d.6.
The employer must submit with its H-2B Application for Temporary Employment Certification a copy of the job order being submitted concurrently to the SWA serving the area of intended employment, as set forth in 20 CFR 655.16. The job order submitted must be a copy of the actual job order or a completed job order form used by the SWA for posting in its job clearance systems (as defined by 20 CFR 655.5).
Original signatures and dates on Appendix B must be current.

June 24, 2024. Employment and Training Administration Publishes Federal Register Notice (FRN) Updating the H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations Using the Occupational Employment and Statistics Survey (OEWS)

The Employment and Training Administration has published an FRN updating the AEWRs under the H-2A temporary agricultural employment program that apply to a limited set of H-2A job opportunities for which the AEWR is determined using the Bureau of Labor Statistics OEWS survey. These changes will go into effect, as stated in the FRN, on July 8, 2024.

View the Federal Register notice updating the AEWRs for non-range occupations using the OEWS

June 14, 2024. Office of Foreign Labor Certification Announces Solicitation of Input for the Annual Determination of Labor Supply States to Enhance U.S. Worker Recruitment

The 2022 H-2A Final Rule, which became effective on November 14, 2022, implemented a new process for the OFLC Administrator’s determination of labor supply states (LSS). LSS are additional states in which an employer’s job order will be circulated and, if appropriate, where additional positive recruitment may be required of the employer. Consistent with 20 CFR 655.154, the OFLC Administrator will solicit public input about LSS and related recruitment mechanisms to make a determination that identifies whether there are areas of traditional or expected labor supply for each state with respect to the availability of qualified workers and the appropriate and effective means of recruiting those workers. The solicitation period will be open for a period of 60 days. The determination can include specific geographic area(s) of the United States in which a significant number of qualified workers have been identified and who, if recruited through additional positive employer recruitment activities, would be willing to make themselves available for work in the state.

The OFLC Administrator will consider general information about labor flow trends (e.g., information contained in the agricultural recruitment clearance system) to inform a determination regarding expanded interstate circulation of H-2A job orders. To make a determination regarding labor supply and the positive recruitment needed to reach qualified workers within a State, the OFLC Administrator requests information from the public regarding the availability of qualified workers, and the appropriate, effective methods of contacting those workers. Information that could be helpful to the OFLC Administrator’s determination include, but are not limited to, the following:

The type of qualified workers available (e.g., tomato harvest workers);
The State and geographic area(s) within the State where the workers may be located (e.g., city, county, regional non-metropolitan area);
The methods for apprising the workers of a job opportunity (e.g., local newspaper or periodical, posting with a particular community organization engaged with those workers); and/or
Most current information for the person(s) or entity (e.g., worker union, community-based organization) to be contacted for assistance in circulating the job opportunity to those workers.

All previously determined LSS requirements will remain in full effect, unless the OFLC Administrator receives information indicating that a previous LSS is no longer a source for qualified workers.

View the previously determined LSS requirements on FLAG

DEADLINE FOR PUBLIC INPUT: OFLC is seeking information, and particularly welcomes specific information, on or before Tuesday, August 13, 2024.

HOW TO SUBMIT INFORMATION: OFLC will only consider electronic submissions to the email box, H2ALaborSupply@dol.gov, for making determinations as to the labor supply States. Any submissions sent through mail or other correspondence will not be accepted.

The OFLC Administrator will publish on the OFLC website its determinations after careful review of all information received.

In addition, the Department will continue to satisfy its multi-State recruitment statutory requirement, and the broader statutory obligation regarding U.S. worker availability, through a combination of other recruitment activities, including:

Posting job opportunities on DOL’s electronic job registry, SeasonalJobs.dol.gov, which broadcasts the job offer continuously to prospective applicants during the recruitment period;
Interstate clearance of the job order through the SWAs, which engages the Wagner-Peyser recruitment system in labor supply States; and
Employer contact with former U.S. workers, wherever they are located.

June 10, 2024. OFLC Provides Materials on the 2024 Farmworker Protection Final Rule Webinar

On June 6, 2024, the Office of Foreign Labor Certification (OFLC), Wage and Hour Division, and the Office of Workforce Investment conducted a webinar to provide information on the changes to the H-2A and Wagner-Peyser Employment Service programs made by the 2024 Farmworker Protection Final Rule. The presentation materials are now available at the hyperlinks below and located on our website under the “Webinars” tab at the bottom of the H-2A Program page located here: https://www.dol.gov/agencies/eta/foreign-labor/programs/h-2a.

View the slides of the Farmworker Protection Final Rule [Updated July 11, 2024. Please view the slides for updated information on transition procedures and rule implementation for the Farmer Protection Rule.]
View the webinar recording of the Farmworker Protection Rule [This presentation was recorded on June 6, 2024 and includes out-of-date information on transition procedures and rule implementation.]

May 21, 2024. The Department of Labor Announces Webinar for the 2024 Farmworker Protection Final Rule to be Held on Thursday, June 6, 2024

On Thursday, June 6, 2024, the Department of Labor will host a public webinar to educate employers, agricultural associations, farm labor contractors, farmworkers, advocates, and other interested members of the public on the changes to the H-2A and Wagner-Peyser Employment Service programs made by the 2024 Farmworker Protection Final Rule. Participants of this webinar will learn from the Office of Foreign Labor Certification, the Office of Workforce Investment, and the Wage and Hour Division about the key aspects of this rule. The Final Rule will become effective June 28, 2024, and OFLC will begin accepting applications subject to the provisions of this rule on August 29, 2024.

The meeting registration details are below. *Please note: There is an attendee maximum of 3,000 and a recording of the presentation in English and Spanish will be placed on our website at a later date.

The Department of Labor is committed to equitable access and inclusion of all people. As part of this commitment, we will ensure that people with disabilities and those who need foreign language interpretation are provided accommodations and effective communications. If you require an accommodation or language interpretation to attend this event, please email stakeholder.meeting@dol.gov by May 30, 2024.

Meeting Details: Thursday, June 6, 2024
1:00 PM to 2:30 PM | (UTC-04:00) Eastern Time (US & Canada) | 1 hr 30 mins

Attendee registration link: https://usdolevents.webex.com/weblink/register/r44a2f5821d38e0110dc82d0bdf90e437

May 15, 2024. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q2 of Fiscal Year 2024.

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the second 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 March 31, 2024 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.

View the public disclosure files and corresponding record layouts containing detailed descriptions of each available data element.
View the selected program statistics containing key program information.

May 15, 2024. OFLC Releases the H-2B Foreign Labor Recruiter List for Q2 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).

May 6, 2024. OFLC Announces 60-Day Public Comment Period on Proposed Three-Year Extension of Labor Condition Application and WH-4 Forms for the H-1B, H-1B1, and E-3 Temporary Programs

The Employment and Training Administration (ETA) published a 60-day notice in the Federal Register announcing its intent to extend the Office of Foreign Labor Certification’s Labor Condition Application (LCA) forms and the Wage and Hour Division’s WH-4 complaint form for three years. The Department of Labor (Department) proposes extensions to the LCA and WH-4 complaint forms, without changes. The information collection request includes the LCA Forms ETA-9035, ETA-9035E (electronic), ETA-9035 & 9035E Appendix A, ETA-9035CP Instructions, and the WH-4 complaint form. The Federal Register notice informs the public of the Department’s three-year extension request for the forms and invites comments from the public for 60 days.

Written comments must be submitted in accordance with the Federal Register notice instructions. The deadline to submit comments is Friday, July 5, 2024.

April 9, 2024. OFLC Provides CW-1 Webinar Materials and Information to Stakeholders

On March 26, 2024, the Office of Foreign Labor Certification (OFLC) conducted a webinar to provide an overview on common issues the National Processing Center has identified with CW-1 Applications for Temporary Employment Certification and offered filing tips that can minimize the common application errors. The presentation materials are now available at the hyperlinks below and located on our website under the “Webinars” tab at the bottom of the CW-1 Program page located here: https://www.dol.gov/agencies/eta/foreign-labor/programs/cw-1.

March 18, 2024. OFLC Announces Webinar on March 26, 2024, to Provide Technical Assistance to 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), the Application for Temporary Employment Certification (Form ETA-9142C), and the CW-1 Job Vacancy Announcement. 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. The webinar also will cover some of the most pressing and common post-filing issues employer’s encounter.

Meeting Details:

March 26, 2024, 7:00 PM | Eastern Time (US & Canada) | 1 hr / March 27, 2024, 9:00AM | Chamorro Standard Time | 1 hr

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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.

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).

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

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).

View the Assignment Groups for H-2B Applications Submitted January 2-4, 2024.

Calendar Year 2023

December 22, 2023. H-2B Application Filing Timelines for 2024 Peak Filing Season

The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting work start dates of April 1, 2024, or later, will open on January 2, 2024, at 12:00 a.m. Eastern Time.

Following OFLC's standard operating procedures, H-2B applications requesting an April 1, 2024, work start date will be denied if they are filed before January 2, 2024, at 12:00 a.m. Eastern Time.

OFLC will randomly order for processing all H-2B applications requesting a work start date of April 1, 2024, that are filed during the initial three calendar days (January 2-4, 2024) using the randomization procedures published in the Federal Register on March 4, 2019.

If OFLC identifies multiple applications that appear to have been filed for the same job opportunity, OFLC will issue a Notice of Deficiency. If multiple filings are submitted during the three-day filing window, all applications will receive a Notice of Deficiency requesting that the employer demonstrate that the job opportunities are not the same. Employers that fail to establish a bona fide need for each application will receive a non-acceptance denial for each application.

IMPORTANT REMINDER: Employers are reminded that Foreign Labor Application Gateway (FLAG) System user accounts are solely for the use of the individual for whom they were created. Sharing the same user account is forbidden and is grounds for terminating FLAG access. Passwords or any other authentication mechanism should never be shared or stored in any place easily accessible. If stored, a password may not be stored in a clear-text or readable format.

December 15, 2023. Office of Foreign Labor Certification Publishes Request for Information on 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

The Employment and Training Administration (ETA) published a request for information (RFI) in the Federal Register. The publication of the RFI fulfills one of the President’s initiatives regarding artificial intelligence, as directed in Section 5.1(e) of Executive Order 14110, Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. ETA is seeking information from the public to potentially consider 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. The RFI will provide the public an opportunity to address whether and why STEM occupations should be added to Schedule A, to offer information on which occupations should be considered as falling under the umbrella of STEM, and to request data, studies, and related information that should be considered to establish a reliable, objective, and transparent methodology for identifying STEM or non-STEM occupations with a significant shortage of workers that should be added to or removed from Schedule A. To the extent possible and wherever appropriate, responses to this RFI should indicate the question number(s) and include specific information, data, statistical models and metrics, and any resources relied on in reaching conclusions for its claims, rather than relying on general observations.

View an advance copy of the RFI, Modernizing Schedule A to Include Consideration of Additional Occupations in Science, Technology, Engineering, and Mathematics (STEM) and Non-STEM Occupations

December 14, 2023. Office of Foreign Labor Certification Publishes 2024 H-2A Monthly Adverse Effect Wage Rate (AEWR) for Herding or Production of Livestock on the Range

The Employment and Training Administration has published a Federal Register notice (FRN) announcing the new AEWR for herding or production of livestock on the range for the H-2A program. The AEWR is the minimum wage rate the Department of Labor has determined must be offered, advertised in recruitment, and paid by employers to H-2A workers and workers in corresponding employment, so that the wages of workers in the United States similarly employed will not be adversely affected. The notice announces the new national monthly AEWR for herding or production of livestock on the range, which will be effective as of January 1, 2024.

December 14, 2023. Office of Foreign Labor Certification Publishes New 2024 H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations

The Employment and Training Administration (ETA) has published a Federal Register notice (FRN) announcing the AEWRs for the employment of non-range H-2A job opportunities classified within one or more of the six common Standard Occupational Classification (SOC) codes that comprise the Farm Labor Survey (FLS) field and livestock workers (combined) category. AEWRs are the minimum wage rates the Department of Labor has determined must be offered, advertised in recruitment, 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 workers in the United States similarly employed will not be adversely affected. Pursuant to the final rule published on February 28, 2023, which established a new methodology for setting hourly AEWRs, the 2024 AEWRs for all non-range job opportunities in the field and livestock workers (combined) category, for which temporary H-2A certification is being sought, are equal to the annual average gross 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 FLS.

Important Note: In the event an employer’s job opportunity requires the performance of agricultural labor or services that are not encompassed in a single SOC code’s description and tasks, the applicable AEWR will be the highest AEWR for all applicable SOCs. See 20 CFR 655.120(b)(5).

December 8, 2023. OFLC Announces Webinar on December 13, 2023, to Update Stakeholders on the Process for Filing H-2B Applications with a Start Date of April 1, 2024, or Later

Regulatory timeframes and filing requirements for H-2B applications with a start date of need of April 1, 2024, 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.

Details of the webinar are as follows:
Wednesday, December 13, 2023
1:00 PM | (UTC-05:00) Eastern Time (US & Canada) | 1 hr 30 mins

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December 7, 2023. Office of Foreign Labor Certification Announces Annual Determination of H-2A Labor Supply States for U.S. Worker Recruitment

The 2022 H-2A Final Rule, effective on November 14, 2022, implemented a new process for the OFLC Administrator’s determination of labor supply states (LSS). LSS are additional states in which an employer’s job order will be circulated and, if appropriate, where additional recruitment may be required. On May 30, 2023, consistent with 20 CFR 655.154, the OFLC Administrator solicited public input for 60 days about LSS and related recruitment mechanisms to make a determination that identifies whether there are areas of traditional or expected labor supply for each state with respect to the availability of qualified workers and the appropriate and effective means of recruiting those workers. This determination includes particular area(s) of the United States in which a significant number of qualified workers have been identified and who, if recruited through additional positive employer recruitment activities, would be willing to make themselves available for work in the state.

After consideration of the information received, the OFLC Administrator has determined that all current LSS requirements will remain in full effect, with the following modifications:

Michigan: OFLC will no longer recognize North Carolina and Texas as traditional labor supply states for the State of Michigan.

Updated labor supply state information is available on OFLC’s labor supply State page on the Foreign Labor Application Gateway (FLAG):

View the new page on FLAG for the LSS determinations and additional positive recruitment requirements

November 17, 2023. The Departments of Labor and Homeland Security Publish Rule Increasing the Number of H-2B Visas Available in Fiscal Year 2024

The U.S. Departments of Labor and Homeland Security (DHS) have published a temporary final rule (TFR) increasing the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of no more than 64,716 additional visas for Fiscal Year (FY) 2024 positions 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 64,716 visas available, up to 44,716 are limited to H-2B returning workers, and up to 20,000 are reserved for nationals of Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, or Costa Rica. The TFR provides additional protections for U.S. workers, flexibility for foreign workers, and additional recruitment requirements for certain employers.

View the TFR, Exercise of Time-Limited Authority to Increase the Numerical Limitation for FY 2024 for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking to Change Employers

In support of this rule, the Office of Foreign Labor Certification (OFLC) has posted the new Form ETA-9142-B-CAA-8 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 (USCIS) along with Form I-129, in support of an H-2B application subject to the H-2B cap. DHS will not accept any H-2B petitions under provisions related to the FY 2024 supplemental numerical allocations after September 16, 2024, and will not approve any such H-2B petitions after September 30, 2024. The attestation is also available on the Forms page of the OFLC website at: https://www.dol.gov/agencies/eta/foreign-labor/forms.

PLEASE NOTE: The TFR requires employers with a certified start date which is 30 or more days prior to the submission of their visa petition to USCIS to engage in additional recruitment of U.S. workers. Employers required to conduct additional recruitment must provide OFLC with the case number for each temporary certification which will be used in support of a visa petition to USCIS concurrently with their placement of new job orders with the State Workforce Agency. Employers who must conduct this concurrent notification requirement are encouraged to notify OFLC National Processing Center by sending an email to H2Bsupplementalvisas@dol.gov, and including the words “H-2B TFR 2024 Recruitment” followed by the unique temporary labor certification case number in the subject line of the email.

November 15, 2023. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q4 of Fiscal Year 2023

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the fourth quarter of fiscal year 2023) 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, 2022 through September 30, 2023 reporting period of fiscal year 2023.

OFLC has also released selected program statistics for the fourth quarter of fiscal year 2023 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

View the public disclosure files and corresponding record layouts containing detailed descriptions of each available data element.
View the selected program statistics containing key program information.

November 15, 2023. OFLC Releases the H-2B Foreign Labor Recruiter List for Q4 of Fiscal Year 2023

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).

November 2, 2023. Department of Labor Declines to Extend Comment Period for Notice of Proposed Rulemaking Enhancing H-2A Worker Protections

On September 15, 2023, the Department of Labor (DOL) published in the Federal Register a Notice of Proposed Rulemaking (NPRM) that would enhance worker protections in the H-2A program. On October 26, 2023, in response to several requests, DOL published a letter on regulations.gov declining to extend the 60-day comment period for the NPRM that will expire on November 14, 2023.

September 15, 2023. Department of Labor Publishes Proposed Rule Enhancing H-2A Worker Protections

The Department of Labor (DOL) has published the Notice of Proposed Rulemaking, Improving Protections for Workers in Temporary Agricultural Employment in the United States, in the Federal Register. Comments on the proposed rule will be accepted through Tuesday, November 14, 2023. The Department and the Office of Foreign Labor Certification have posted additional information on the rule below:

August 28, 2023. OFLC Announces a Reminder to Filers of Form ETA-9142B to Submit Their Initiated Cases Prior to August 31, 2023

The Office of Foreign Labor Certification (OFLC) will implement the new Form ETA-9142B, H-2B Application for Temporary Employment Certification, beginning August 31, 2023. As a result, any initiated cases not submitted prior to 12:00 a.m. EST on August 31, 2023, will be deleted and a new application using the revised Form ETA-9142B will need to be created.

OFLC is providing an advance copy of the Form ETA-9142B documents that will go live on August 31, so that our stakeholders can familiarize themselves with the revised forms:

View the revised Form ETA-9142B
View the new Form ETA-9142B, Appendix A
View the new Form ETA-9142B, Appendix B
View the new Form ETA-9142B, Appendix C
View the new Form ETA-9142B, Appendix D
View the new Form ETA-9142B, Seafood Attestation
View the revised Form ETA-9142B, General Instructions
View the revised Form ETA-9142B, Final Determination (note: this is the Final Determination form which will be issued upon certification of an H-2B application. This form will not be posted on the OFLC Forms page and is not to be completed by the employer)

August 24, 2023. The Department of Labor Publishes 2023 Round 4 Frequently Asked Questions for the H-1B, H-1B1, and E-3 Programs

OFLC has issued a set of Frequently Asked Questions (FAQs), Round 4 – Labor Condition Application (LCA/ ETA Form 9035/9035E), for the H-1B, H-1B1 and E-3 programs.

View Round 4 of the FAQs for the H-1B, H-1B1, and E-3 Programs

August 24, 2023. OFLC Rescinds All Frequently Asked Questions Regarding COVID-19

As of the date of this announcement, OFLC is rescinding in full all COVID-19 frequently asked questions (FAQs), which includes Round 1 (published March 20, 2020); Round 2 (published April 1, 2020); Round 3 (published April 9, 2020); and Round 4 (published June 3, 2020). The processing centers have resumed normal processing operations. All other FAQs not related to COVID-19 remain in full effect.

August 15, 2023. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q3 of Fiscal Year 2023

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2023) 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, 2022 through June 30, 2023 reporting period of fiscal year 2023.

OFLC has also released selected program statistics for the third quarter of fiscal year 2023 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

View the public disclosure files and corresponding record layouts containing detailed descriptions of each available data element.
View the selected program statistics containing key program information.

August 15, 2023. OFLC Releases the H-2B Foreign Labor Recruiter List for Q3 of Fiscal Year 2023

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).

August 3, 2023. The Department of Labor Publishes 2022 H-2A Final Rule Frequently Asked Questions; H-2A Labor Contractors

OFLC has issued a set of Frequently Asked Questions (FAQs), Round 6 – H-2A Labor Contractors, associated with the publication of the final rule, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (“2022 H-2A Final Rule”). The Round 6 FAQs provide stakeholders answers to questions on filing, work contracts with fixed-site agricultural business clients, housing and/or transportation provided by fixed-site agricultural business clients, Farm Labor Contractor - Farm Labor Contractor Employee Certificate(s) of Registration, and surety bonds.

July 11, 2023. The Department of Labor Publishes 2023 Round 2 Frequently Asked Questions on the Adverse Effect Wage Rate (AEWR) Final Rule

The Office of Foreign Labor Certification has issued a set of Frequently Asked Questions (FAQs) regarding the final rule, Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States (“2023 AEWR Final Rule”), which published on February 28, 2023. These Round 2 FAQs provide guidance on AEWR determinations, including how a State Workforce Agency (SWA) and the Certifying Officer (CO) determine which AEWR applies to a job opportunity, how SWAs and COs determine the AEWR for job duties with multiple Standard Occupational Classification codes, and the impact of certain job duties on AEWRs.

July 10, 2023. OFLC Publishes List of Randomized H-2B Applications Submitted July 3-5, 2023, for Employers Seeking H-2B Workers Starting October 1, 2023

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 Groups for 2,157 H-2B applications covering 40,947 worker positions with a work start date of October 1, 2023. OFLC completed the randomization process on July 6 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. One additional Assignment Group was created for the remaining applications and associated worker positions. Each filing was randomly given a unique number in accordance with OFLC's randomization process and placed into a group for assignment to analysts for review and processing.

On July 6, 2023 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).

View the Assignment Groups for H-2B Applications Submitted July 3-5, 2023

July 7, 2023. OFLC Announces a Webinar on July 11, 2023, to Provide Prevailing Wage Filing Trends and Tips to Interested Stakeholders

As part of the Office of Foreign Labor Certification's (OFLC) ongoing efforts to increase public engagement, OFLC's National Prevailing Wage Center will host a two-hour webinar on Tuesday, July 11, 2023, to provide general filing tips and trends for the Prevailing Wage Determination process in the Permanent and Labor Condition Application programs.

Please be advised the webinar is available to a maximum of 1000 participants but will be recorded and posted to our website for future reference.

Meeting Details:

Tuesday, July 11, 2023: 2:00 PM | (UTC-04:00) Eastern Time (US & Canada) | 2 hrs.

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June 30, 2023. OFLC Publishes Updated Wage Data for the Commonwealth of Northern Mariana Islands

The Office of Foreign Labor Certification (OFLC) received the 2023 Commonwealth of Northern Mariana Islands (CNMI) Prevailing Wage Study survey from the Governor of the CNMI for the CW-1 program. OFLC has approved the 2023 CNMI Prevailing Wage Study survey for 417 occupations and will issue updated CW-1 prevailing wages using this data from July 1, 2023 through June 30, 2024. The updated wage table includes prevailing wage data for a total of 848 occupations.

View the Updated CW-1 Wage Table for July 1, 2023 through June 30, 2024

June 30, 2023. Office of Foreign Labor Certification Provides Additional Information on New 2023 H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations Using the Occupational Employment and Statistics Survey (OEWS)

The Employment and Training Administration (ETA) published a notice in the Federal Register (FRN) on June 16, 2023, updating the AEWRs under the H-2A temporary agricultural employment program that apply to a limited set of H-2A job opportunities for which the AEWR is determined using the Bureau of Labor Statistics OEWS survey. The 2023 AEWR final rule methodology uses the OEWS to set AEWRs for non-range H-2A job opportunities that are either: (1) not classified within one of the six Standard Occupational Classification codes that comprise the U.S. Department of Agriculture’s Farm Labor Survey (FLS) field and livestock workers (combined) category or (2) located in States or regions, or equivalent districts or territories, for which the FLS does not report a wage. AEWRs are the minimum wage rates DOL has determined must be offered, advertised in recruitment, 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.

This FRN provides OEWS-based AEWRs for (1) the field and livestock workers (combined) category in Alaska, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands and for (2) job opportunities outside of the field and livestock (combined) category throughout the United States and its territories. ETA will publish a separate FRN in December 2023 providing updated AEWRs for field and livestock workers (combined) category in the 49 states for which the FLS provides data, which will be released in late November 2023.

Updated information will be made available on OFLC’s AEWR page on the Foreign Labor Application Gateway (FLAG) on July 1, 2023, at 12:01am.

June 30, 2023. Office of Foreign Labor Certification Reminds Employers and Stakeholders of the H-2B Application Filing Timelines for October 1, 2023, Start Dates of Work

The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the three-day filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting a work start date of October 1, 2023, will open on July 3, 2023, at 12:00 a.m. Eastern Time, and close on July 5, 2023, at 11:59 p.m. Eastern Time. This three-day period is the earliest an employer may file an application for an October 1, 2023, work start date, which is the first day of the semi-annual visa allotment for the first half of Fiscal Year 2024. Employers seeking start dates of October 2, 2023, or later must comply with the timeliness requirements at 20 CFR 655.15(b).

In accordance with regulatory requirements and OFLC’s standard operating procedures, H-2B applications requesting October 1, 2023, work start dates will be denied if they are filed before July 3, 2023, at 12:00 a.m. Eastern Time.

After the three-day filing window has closed, OFLC will randomly order applications for assignment to analysts for review and processing all H-2B applications requesting a work start date of October 1, 2023, that are filed during the three-day filing window (July 3-5, 2023) using the randomization procedures published in the Federal Register on March 4, 2019.

Helpful Filing Tips

Only one H-2B Application for Temporary Employment Certification per job opportunity should be filed to prevent duplicate filings and delayed processing. 20 CFR 655.15(f).
If “yes” is selected for “Board, Lodging, or Other Facilities” under section F.d.5, Form ETA-9142B, and deductions other than those required by law may be made from the worker’s pay, include details about the deductions and amounts to cover the reasonable cost of board, lodging, and other facilities in section F.d.6.
The employer must submit with its H-2B Application for Temporary Employment Certification a copy of the job order being submitted concurrently to the SWA serving the area of intended employment, as set forth in 20 CFR 655.16. The job order submitted must be a copy of the actual job order or a completed job order form used by the SWA for posting in its job clearance systems (as defined by 20 CFR 655.5).
Original signatures and dates on Appendix B must be current.

June 29, 2023. OFLC Issues Technical Release Notes for the Occupational Employment and Wage Statistics Update for the July 2023 through June 2024 Wage Year

The Office of Foreign Labor Certification has published the latest prevailing wage data from the Occupational Employment and Wage Statistics (OEWS) as generated by the Bureau of Labor Statistics for the new wage year from July 2023 through June 2024, effective July 1, 2023. Prevailing wage determinations issued from the National Prevailing Wage Center reflect the 2018 SOC codes.

June 27, 2023. Office of Foreign Labor Certification Announces Publication of an Updated Appendix A to the Preamble–Education and Training Categories by O*NET–SOC Occupations for July 2023 through June 2024 Wage Year

View the November 15, 2021, Federal Register notice

OFLC is releasing this year’s Appendix A, which implements the new list of professional occupations for the July 2023 through June 2024 wage year and will be effective starting July 1, 2023.

June 16, 2023. Employment and Training Administration Publishes Federal Register Notice (FRN) Updating the H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations Using the Occupational Employment and Statistics Survey (OEWS)

The Office of Foreign Labor Certification expects to publish additional information on its website on June 30, 2023, regarding the information provided in the FRN.

View the Federal Register notice updating the AEWRs for non-range occupations using the OEWS

May 30, 2023. Office of Foreign Labor Certification Announces Solicitation of Input for the Annual Determination of Labor Supply States to Enhance U.S. Worker Recruitment

The 2022 H-2A Final Rule, effective on November 14, 2022, implemented a new process for the OFLC Administrator’s determination of labor supply States (i.e., additional States in which an employer’s job order will be circulated and, if appropriate, where additional recruitment may be required). Annually, under 20 CFR 655.154(d), the OFLC Administrator will gather and review public input about labor supply and related recruitment mechanisms and will publish a labor supply State determination on the OFLC website. The OFLC Administrator’s determination will identify with respect to each State whether there are other traditional or expected labor supply States. Where appropriate, within a traditional or expected labor supply State, the determination will identify particular area(s) in which a significant number of qualified workers located in the United States have been identified, who if recruited through positive employer recruitment activities, would be willing to make themselves available for work in the State. The labor supply State determination will become effective on the date of publication for employers who have not commenced recruitment after receiving a Notice of Acceptance. The determination will remain valid until the OFLC Administrator publishes a new determination on the website.

The OFLC Administrator will consider general information about labor flow trends (e.g., information contained in the agricultural recruitment clearance system) to inform a determination regarding expanded interstate circulation of H-2A job orders. To make a determination regarding labor supply and the positive recruitment needed to reach qualified workers within a State, the OFLC Administrator requests information from the public regarding the availability of qualified workers, and the appropriate, effective means of recruiting those workers. Information that could be helpful to the OFLC Administrator’s determination include, but are not limited to, the following:

The type of qualified workers available (e.g., tomato harvest workers);
The State and area within the State where the workers may be found (e.g., city, county, regional non-metropolitan area);
The methods for apprising the workers of a job opportunity (e.g., local newspaper or periodical, posting with a particular community organization engaged with those workers); and/or
Contact information for the person or entity to be contacted to conduct the recommended recruitment activity.

OFLC is seeking information, and particularly welcomes specific information, on or before Monday, July 31, 2023.

The OFLC Administrator will make and publish on the OFLC website its determinations after careful review of all information received.

May 26, 2023, OFLC announces case submission for the Form ETA 9089 for PERM in FLAG on June 1, 2023

OFLC previously announced a delay to the date on which it will transition PERM submission and processing to the Foreign Labor Application Gateway (FLAG) and the concurrent implementation of the revised Form ETA 9089. In response to stakeholder requests, OFLC used this delay to work with the Department’s Office of Chief Information Officer to provide filers the option to link prevailing wage determinations to a PERM application where users no longer have access to the FLAG account from which the prevailing wage request was submitted. Information and guidance on how to use this option can be found in the addendum to the Form ETA 9089 User Guide on the PERM program page on FLAG.

As stated in OFLC’s announcement on May 11, 2023, OFLC will not accept applications in the legacy PERM Online system after 6:59 pm EST on May 31, 2023, however, mailed-in applications post-marked on or before May 31, 2023, will be accepted in the legacy system. The PERM module in FLAG will be fully deployed on June 1, 2023. Please Note: The external submission functionality in the PERM Online system is the only part of the system which will be disabled on May 31, 2023, at 6:59 PM EST; the PERM Online system will otherwise remain operational. Users who have pending applications in the legacy PERM Online System can still upload responsive documents to an Audit request or request for information, withdraw applications, request reconsideration or appeal, and use the Help Desk Inquiry system as normal.

May 26, 2023, OFLC announces case technical guidance for case submission of the Form ETA 9089

Filers have been able to use the case creation functionality in the PERM module in the Foreign Labor Access Gateway (FLAG) since April 24, 2023. During the time that functionality has been available, OFLC has received and reviewed numerous help desk inquiries pertaining to the filing of the revised version of Form ETA 9089. As a reminder, OFLC does not provide case-specific guidance on the filing procedures. Each case has its own specific requirements and circumstances. OFLC strongly encourages all applicants to review the PERM regulations, the frequently asked questions (FAQs), and the Instructions to the Form ETA 9089 for general guidance. OFLC will continue to review received Help Desk inquiries and will provide additional guidance in the form of new FAQs. OFLC has identified one question which has been so commonly received we believe it should be addressed prior to the PERM module in FLAG being fully deployed to prevent confusion when filers try to submit PERM applications.

Q: I’m filling out work experience in Appendix A.E - Foreign Worker Work Experience. What should I enter for the 'end date' when the worker is presently working for the employer?
A: You can enter the current month and year for when you’re completing the application. Make sure to select "Yes" to question 1.j. Present.

May 15, 2023. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q2 of Fiscal Year 2023

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the second quarter of fiscal year 2023) 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, 2022 through March 31, 2023 reporting period of fiscal year 2023.

OFLC has also released selected program statistics for the first quarter of fiscal year 2023 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

May 15, 2023. OFLC Releases the H-2B Foreign Labor Recruiter List for Q2 of Fiscal Year 2023

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).

May 11, 2023. Office of Foreign Labor Certification Postpones Date for Submitting Revised PERM and CW-1 Forms in the Foreign Labor Application Gateway to June 1, 2023

Following up on the announcements of April 21, April 27, May 1, and May 8, 2023, the Office of Foreign Labor Certification (OFLC) is postponing the date for filers to begin submitting the new, revised applications for permanent employment certification and CW-1 applications for temporary employment certification in the Foreign Labor Application Gateway (FLAG) from May 16, 2023, to June 1, 2023. Applicants should continue to use the current PERM and CW-1 forms until such time.

As a result of the transition to the revised version of the form and the transition to FLAG, OFLC will no longer accept any new applications submitted via the legacy PERM Online System after May 31, 2023, at 6:59 pm Eastern Standard Time. OFLC will no longer accept the previous version of Form ETA-9089 or Forms ETA-9141C/9142C, and their related forms, after May 31, 2023, either electronically or submitted by mail.

May 8, 2023. Office of Foreign Labor Certification Posts Unofficial Watermarked Preview Copy of Revised CW-1 Temporary Employment Certification Program's Forms, Appendices, and General Instructions to Allow Stakeholders to Become Familiar with Revisions

The Office of Foreign Labor Certification (OFLC) will begin accepting the revised CW-1 Temporary Employment Certification Program’s forms, appendices and general instructions on May 16, 2023.

In anticipation of the revised Form ETA-9142C, CW-1 Application for Temporary Employment Certification, Form ETA-9141C, Application for Prevailing Wage Determination, general instructions, and associated Appendices A, B, and C, going into effect, OFLC is publishing an unofficial, watermarked preview copy of these documents to permit filers to become familiar with the revised forms and related documents. OFLC is also providing an unofficial version of the Form ETA-9142C, Final Determination, to allow the public to view what they will see upon an application being certified.

IMPORTANT NOTE: The form and appendices located at the hyperlinks below are for informational purposes only. These versions of the forms, instructions and appendices may not be submitted to OFLC at any time; any submission to OFLC using these forms will be rejected. OFLC will post on its Forms page (https://www.dol.gov/agencies/eta/foreign-labor/forms) official, fillable, and 508 compatible PDF versions of the Form ETA-9142C, Form ETA-9141C, their general instructions and Appendices A, B, and C on May 16, 2023, which is the first day the revised forms will be accepted.

May 1, 2023. OFLC Provides Webinar Materials and Information to Stakeholders on the PERM and H-2A Programs

In April 2023, the Office of Foreign Labor Certification (OFLC) conducted three webinars to provide stakeholder updates on: Developments on the new Adverse Effect Wage Rate Rule in the H-2A Program; An update to the new PERM Form ETA-9089; And an update on the modernization of the PERM Program. The presentation materials are now available at the hyperlinks below and under the "Webinars" tabs at the bottom of the respective program pages on our website located here: https://www.dol.gov/agencies/eta/foreign-labor/programs.

Presentation Materials for the H-2A Program New AEWR Rule:

Presentation Materials for the PERM Program:

April 27, 2023. Office of Foreign Labor Certification Posts Unofficial Watermarked Preview Copy of Revised Form ETA-9089 to Allow Stakeholders to Become Familiar with Changes to the Form

The Office of Foreign Labor Certification (OFLC) will begin accepting the revised Form ETA-9089 in the on May 16, 2023, but filers are currently permitted to prepare PERM applications in the Foreign Labor Application Gateway which may be submitted on that date.

In anticipation of the revised Form ETA-9089, instructions, and its appendices, going into effect, OFLC is publishing an unofficial, watermarked preview copy of the form and its appendices to permit filers to become familiar with the revised form. OFLC is also providing an unofficial version of the Form ETA-9089, Final Determination, to allow the public to view what they will see upon an application being certified.

IMPORTANT NOTE: The form and appendices located at the hyperlinks below are for informational purposes only. These versions of the form and appendices may not be submitted to OFLC at any time; any submission to OFLC using these forms will be rejected. OFLC will post on its Forms page (https://www.dol.gov/agencies/eta/foreign-labor/forms) official, fillable, and 508 compatible .PDF versions of the Form ETA-9089 and its appendices on May 16, 2023, which is the first day the revised Form ETA-9089 will be accepted.

April 21, 2023. Office of Foreign Labor Certifications Announces Form ETA-9089 Case Creation and Case Submission in Foreign Labor Application Gateway

The Office of Foreign Labor Certification (OFLC) will begin accepting the revised Form ETA-9089, Applications for Permanent Employment Certification in the Foreign Labor Application Gateway (FLAG) system on May 16, 2023. Filers may begin creating and staging applications in the FLAG system on April 24, 2023.

As a result of the transition to the revised version of the form and the transition to FLAG, OFLC will no longer accept any new applications submitted via the legacy PERM Online System after May 15, 2023, at 6:59 pm eastern standard time. OFLC will no longer accept the previous version of Form ETA-9089 after May 15, 2023, either electronically or submitted by mail.

To facilitate this transition, OFLC conducted two webinars on April 19 and April 20, 2023, to educate the stakeholder community on the new form and FLAG system filing process. OFLC will make recordings of these webinars available shortly.

April 14, 2023. Office of Foreign Labor Certification Issues Clarification on Question H.10-B "Acceptable Alternate Occupation Title" on the Form ETA-9089

OFLC is posting an announcement regarding recent permanent labor certification applications that were denied where the employer did not explicitly answer the question in field H.10-B.

OFLC has thoroughly reviewed past and current permanent labor certification (PERM) applications with respect to how question H.10-B on the Form ETA-9089 has been completed. As a result of this review, OFLC concluded that some employers have not consistently answered the question accurately by providing acceptable alternate job titles; rather, they include statements such as "see H.14 - Special Skills." The information provided in H.14 does not identify what alternate occupations are acceptable to meet the experience requirements for the job that is the subject of the PERM application. Instead, the application only lists a series of the special skills requirements and/or other alternative combinations of education and experience that the employer is willing to accept. As a result of employers providing insufficient information in either H.10-B. or H.14, OFLC has recently denied applications for being incomplete.

OFLC evaluated these denials and determined that while they are appropriate, it has not been consistent about when it denies an application for this reason, which could confuse filers. As a result, OFLC has stopped issuing denials for this issue for pending applications and will not deny for this reason for any application submitted on or before May 30, 2023, by which point OFLC expects to be accepting the updated version of Form ETA-9089 in the Foreign Labor Application Gateway system. Further, OFLC will overturn denials based solely on this issue. OFLC will identify applications that were denied for this issue and for which reconsideration has not yet been requested; employers whose applications have been denied solely for this reason and have not yet requested consideration are encouraged not to submit a request for reconsideration. Where reconsideration has been requested, OFLC will prioritize processing for any pending reconsideration requests based on denials where this is the only denial issue. In cases that have been denied for additional denial reasons, OFLC will overturn the H.10-B. denial reason but uphold the denial on the other grounds if either the employer has not submitted a request for reconsideration for the additional denial reason(s) or where the additional denial ground(s) are determined to be proper.

OFLC recognizes that as it transitions to the updated version of Form ETA-9089, which will incorporate Form ETA-9141 into PERM applications, there may be questions about whether employers should alter how they complete Form ETA-9141 as a result of this announcement. OFLC is considering that issue and will issue guidance in the near future if we determine that such guidance is necessary.

April 11, 2023. OFLC Announces Technical Webinar on April 20, 2023, to Provide Stakeholders an Update to the Permanent Labor Certification (PERM) Program Modernization Process

The Office of Foreign Labor Certification will host an instructional webinar to provide a technical demonstration to employers and authorized attorneys or agents on how to prepare the Form ETA-9089 using the new PERM online filing system.

Meeting Details:
Thursday, April 20, 2023: 2:00 – 4:00 PM | (UTC-04:00) Eastern Time (US & Canada) | 2 hrs

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April 11, 2023. OFLC Announces Webinar on April 19, 2023, to provide an overview of the Form ETA - 9089

The Office of Foreign Labor Certification invites interested stakeholders to participate in a webinar that provides an overview of the new Form ETA - 9089, which will be utilized in the Foreign Labor Application Gateway (FLAG) system. The overview will provide information on the changes to the form, and instructions on how to fill out the new PERM application.

Meeting Details:
Wednesday, April 19, 2023: 1:00 PM | (UTC-04:00) Eastern Time (US & Canada) | 1 hr 30 min

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March 27, 2023. OFLC Announces Webinar on April 4th, 2023, to Inform Stakeholders on the New Adverse Effect Wage Rate (AEWR) Rule

The Office of Foreign Labor Certification invites interested stakeholders to participate in a webinar that provides an overview of the New Adverse Effect Wage Rate (AEWR) Rule and gives the stakeholder community an opportunity to familiarize itself with the regulatory changes. The webinar will discuss the methodology behind the new AEWR rule and prepare examples of how it will be applied.

Meeting Details:
Tuesday, April 4, 2023: 3:00 PM | (UTC-04:00) Eastern Time (US & Canada) | 1 hr 30 mins

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March 23, 2023. OFLC Provides CW-1 Webinar Materials and Information to Stakeholders

On March 20, 2023, the Office of Foreign Labor Certification (OFLC) conducted a webinar to provide an overview on common issues the National Processing Center has identified with CW-1 Applications for Temporary Employment Certification and offered filing tips that can minimize the common application errors. The presentation materials are now available at the hyperlinks below and located on our website under the “Webinars” tab at the bottom of the CW-1 Program page located here: https://www.dol.gov/agencies/eta/foreign-labor/programs/cw-1.

March 14, 2023. The Department of Labor Publishes 2022 H-2A Final Rule Frequently Asked Questions; Joint Employers

OFLC has issued a set of Frequently Asked Questions (FAQs), Round 5 – Joint Employers, associated with the publication of the final rule, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (“2022 H-2A Final Rule”).

March 13, 2023. The Department of Labor Reminds Employers About Requirements for Fiscal Year 2023 Supplemental H-2B Visas

On December 15, 2022, the Department of Labor (Department) and Department of Homeland Security (DHS) published a temporary final rule (TFR) increasing the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of no more than 64,716 additional visas for Fiscal Year (FY) 2023 positions 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 (“FY 2023 cap”). Of the 64,716 visas available, up to 44,716 are limited to H-2B returning workers, and up to 20,000 are reserved for nationals of Guatemala, El Salvador, Honduras, and Haiti.

The FY 2023 cap has been allocated in the following manner:

For the first half of FY 2023, DHS made 18,216 visas immediately available upon publication of this TFR on December 15, 2022, limited to returning workers (i.e. workers who were issued H-2B visas or held H-2B status in fiscal years 2020, 2021, or 2022, regardless of country of nationality). These petitions must have requested a date of need starting on or before March 31, 2023.
For the second half of FY 2023, DHS will initially make available 16,500 visas limited to returning workers. These petitions must request a date of need starting on or after April 1, 2023, through and including May 14, 2023.
For the late second half of FY 2023, DHS will make available an additional allocation of 10,000 visas limited to returning workers. To assist employers needing workers to begin work during the late spring and summer seasons in the fiscal year, these petitions must request a date of need starting on or after May 15, 2023.

DHS will make available 20,000 additional visas that are reserved for foreign nationals of the Northern Triangle countries, or Haiti, as attested by the petitioner (regardless of whether such nationals are returning workers). These 20,000 visas will be available for petitioners requesting an employment start date before the end of FY 2023, up to and including September 30, 2023.

View the TFR, Exercise of Time-Limited Authority to Increase the Numerical Limitation for Fiscal Year 2023 for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking to Change Employers

The TFR provides additional protections for U.S. workers, flexibility for foreign workers, and additional recruitment requirements for certain employers. This is the first year a TFR has been published covering both H-2B cap periods, so the Department is reminding employers who may now be considering accessing authorized the supplemental visas about those protections, flexibilities and requirements.

The TFR requires employers to complete the Department’s Form ETA-9142-B-CAA-7, which includes an attestation that the employer is suffering from or will suffer irreparable harm without the ability to hire all of the H-2B workers requested on the Form I-129 submitted to the United States Citizenship and Immigration Services (USCIS) and that it has evidence to support its claim of irreparable harm which it will submit to the Department or DHS upon request.

Employers with a certified start date 30 or more days prior to submitting their petition to USCIS must attest that they conducted additional recruitment, including working with American Job Centers and State Workforce Agencies for recruitment assistance, provide notice of the job opportunity at worksites or to bargaining representatives, and where the occupation is traditionally or customarily unionized, provide written notification of the job opportunity to the nearest American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) office covering the area of intended employment. When contacting the AFL-CIO, employers must provide a copy of the job order and request assistance in recruiting qualified U.S. workers for the job opportunity. Employers must also contact and rehire former employees, including those who were laid off or furloughed since January 1, 2021.

The TFR further requires employers to attest that they will comply with health and safety laws and laws related to COVID-19 worker protections and any right to time off or paid time off for COVID-19 vaccination, or to reimbursement for travel to and from the nearest available vaccination site, and that they will notify any H-2B workers, in a language the workers understand, as necessary or reasonable, that they have equal access to COVID-19 vaccines and vaccine distribution sites.

The TFR once again includes a portability provision which provides H-2B workers and their employers more flexibility by allowing H-2B workers to more quickly, change employers and avoid disruptions and uncertainty in visa processing and travel caused by COVID-19.

PLEASE NOTE: The TFR requires employers with a certified start date which is 30 or more days prior to the submission of their visa petition to USCIS to engage in additional recruitment of U.S. workers. Employers required to conduct additional recruitment must provide the Office of Foreign Labor Certification (OFLC) with the case number for each temporary certification which will be used in support of a visa petition to USCIS concurrently with their placement of new job orders with the State Workforce Agency. Employers who must conduct this concurrent notification requirement are encouraged to notify OFLC by sending an email to H-2Bsupplementalvisas@dol.gov, and including the words “H-2B TFR 2023 Recruitment” followed by the unique TLC case number in the subject line of the email.

March 9, 2023. OFLC Announces Webinar on March 20, 2023, 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 20, 2023 7:00 PM | (UTC-05:00) Eastern Time (US & Canada) | 1 hr / March 21, 2023 9:00AM | (UTC+10:00) Chamorro Standard Time | 1 hr

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March 9, 2023. The Department of Labor Publishes 2023 Adverse Effect Wage Rate Final Rule Frequently Asked Questions

OFLC has issued a set of Frequently Asked Questions (FAQs) regarding the final rule, Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States, (“2023 AEWR Final Rule”), which published on February 28, 2023. The FAQs address implementation of the final rule, including explanations of the major changes in AEWR methodology, information on when and where new AEWRs have been posted and will be posted in the future, how to determine the AEWR that applies, and how future AEWR adjustments will impact employer obligations on adjusting pay rates in existing contracts.

February 28, 2023. The Department of Labor Publishes Final Rule Revising the Methodology Used to Determine the Adverse Effect Wage Rates for Non-Range Occupations in the H-2A Program

The U.S. Department of Labor (Department) has published a final rule that amends its regulations regarding the methodology used to determine the Adverse Effect Wage Rates (AEWRs) for non-range agricultural occupations in the H-2A visa program. The new methodology will result in AEWRs that better protect against adverse effect on the wages of workers in the United States similarly employed, while providing stability and predictability for employers in complying with their wage obligations.

For the vast majority of H-2A job opportunities, the rule does not change the methodology that has been in place since 1987, which uses the annual average gross hourly wage for field and livestock workers (combined) for the State or region, as reported by the U.S. Department of Agriculture’s Farm Labor Survey (FLS), whenever such wage data is available. The methodology results in a single statewide hourly AEWR, adjusted annually, for all H-2A job opportunities in six Standard Occupational Classification (SOC) codes within the field and livestock worker (combined) category.

For H-2A job opportunities that require performance of duties outside the six field and livestock workers (combined) SOC codes, the rule introduces a new methodology, which uses the annual average gross hourly wage for each SOC code, as reported by the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics survey. This methodology will yield a statewide hourly AEWR, adjusted annually, for each SOC code outside the six field and livestock workers (combined) SOC codes.

The new methodology will apply to H-2A job orders submitted for non-range occupations beginning on March 30, 2023. OFLC will post additional information and guidance to stakeholders in the form of Frequently Asked Questions on this website.

View the published 2023 AEWR final rule

February 14, 2023. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q1 of Fiscal Year 2023.

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the first quarter of fiscal year 2023) 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, 2022 through December 31, 2022 reporting period of fiscal year 2023.

OFLC has also released selected program statistics for the first quarter of fiscal year 2023 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

February 14, 2023. OFLC Releases the H-2B Foreign Labor Recruiter List for Q1 of Fiscal Year 2023

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).

February 9, 2023. Office of Foreign Labor Certification Publishes 2023 Update to Allowable Charges for H-2A Agricultural Workers' Meals and for H-2A and H-2B Travel Subsistence Reimbursement, Including Lodging

January 9, 2023. OFLC Publishes List of Randomized H-2B Applications Submitted January 1-3 for Employers Seeking H-2B Workers Starting April 1, 2023

On January 4, 2023, 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).

View the Assignment Groups for H-2B Applications Submitted January 1-3, 2023

January 4, 2023. OFLC Conducts Randomization Process on H-2B Applications Submitted Requesting an April 1, 2023, Work Start Date

The Office of Foreign Labor Certification has completed the randomization process to randomly assign all H-2B applications submitted during the initial three-day filing window, January 1-3, 2023, requesting an April 1, 2023, work start date for the second half of the Fiscal Year 2023 H-2B statutory visa cap.

OFLC received a total of 8,693 H-2B applications requesting 142,796 worker positions during this filing period.

OFLC will be providing written notification to employers (and the employer's authorized attorney or agent) with their H-2B Assignment Group. On January 9, 2023, OFLC will also publish on its website the list of the H-2B applications assigned to each Assignment Group.

Calendar Year 2022

December 30, 2022. The Department of Labor Publishes 2022 H-2A Final Rule Frequently Asked Questions; H-2A Application Filing and Processing

OFLC has issued a set of Frequently Asked Questions (FAQs), Round 4 – H-2A Application 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”).

December 19, 2022. OFLC Publishes Attestation Form for Employers to Request Additional H-2B Workers Under the FY2023 H-2B Cap Increase; Available for Immediate Public Use

The Office of Foreign Labor Certification has received OMB approval for the Form ETA-9142-B-CAA-7, Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 204 of Division O of the Consolidated Appropriations Act, 2022, Public Law 117-103, and Public Law 117-180. Employers seeking to obtain H-2B nonimmigrant workers under the FY2023 cap increase must complete this form and submit to USCIS. The form and its instructions are now available for immediate public use at: https://www.dol.gov/agencies/eta/foreign-labor/forms.

For more information, please see OFLC’s December 15, 2022, website announcement.

December 16, 2022. Office of Foreign Labor Certification Publishes 2023 H-2A Monthly Adverse Effect Wage Rate (AEWR) for Herding or Production of Livestock on the Range

The Employment and Training Administration has published a notice in the Federal Register announcing the new AEWR for occupations involving herding or production of livestock on the range for the H-2A Program. AEWRs are the minimum wage rates the Department of Labor has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment to help ensure the Department meets its statutory obligation to certify that the employment of H-2A foreign workers will not adversely effect the wages of agricultural workers in the U.S. similarly employed. The notice announces the new national monthly AEWR for herding or production of livestock on the range.

December 16, 2022. Office of Foreign Labor Certification Publishes New 2023 H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations

The Employment and Training Administration has published a notice in the Federal Register announcing 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. AEWRs are the minimum wage rates the Department of Labor has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment to help ensure the Department meets its statutory obligation to certify that the employment of H-2A foreign workers will not adversely effect the wages of agricultural workers in the U.S. similarly employed. The notice announces the new hourly AEWRs by State, for all agricultural employment (except for occupations involving herding or production of livestock on the range, which is covered by 20 CFR 655.200-235). Pursuant to the district court’s order in United Farm Workers, et al. v. U.S. Dep’t of Labor, et al., No. 20-cv-01690, 2022 WL 1004855 (E.D. Cal. April 4, 2022) , which vacated the Department’s 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 remanded the rule to the Department for further rulemaking, the new hourly AEWRs are set according to the methodology in 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 Farm Labor Report. In addition, the average AEWR across all surveyed States constitutes the average AEWR, which is used to calculate adjustments to required bond amounts for H-2A Labor Contractors.

December 15, 2022. H-2B Application Filing Timelines for 2023 Peak Filing Season

The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting work start dates of April 1, 2023, or later, will open on January 1, 2023, at 12:00 a.m. Eastern Time.

Following OFLC’s standard operating procedures, H-2B applications requesting an April 1, 2023, work start date will be denied if they are filed before January 1, 2023, at 12:00 a.m. Eastern Time.

OFLC will randomly order for processing all H-2B applications requesting a work start date of April 1, 2023, that are filed during the initial three calendar days (January 1-3, 2023) using the randomization procedures published in the Federal Register on March 4, 2019. Each day, from January 3, 2023 through January 6, 2023, OFLC will publish on the Foreign Labor Application Gateway System website the number of H-2B applications it has received to date and the total number of requested worker positions on those applications.

December 15, 2021. H-2B Webinar Materials and Information for 2023 Peak Filing Season

On December 7, 2022, the Office of Foreign Labor Certification (OFLC) conducted a webinar to update stakeholders on the process for filing H-2B applications requesting a work start date of April 1, 2023, or later.

This webinar also provided best practices and helpful tips for preparing and submitting H-2B Applications for Temporary Employment Certification (Form ETA-9142B and appendices) using the Foreign Labor Application Gateway System. The presentation materials are now available on the H-2B Temporary Non-Agriculture Program page of the OFLC website and at the hyperlink below.

IMPORTANT REMINDER: Employers should file only one application for the same job opportunity. With limited exception, under 20 CFR 655.15(f), only one Application for Temporary Employment Certification (Form ETA-9142B and appendices) may be filed for worksite(s) within one area of intended employment for each job opportunity with an employer for each period of employment.

OFLC will only review and process the application that was filed first, according to its timestamp. If OFLC identifies multiple applications that appear to have been filed for the same job opportunity, OFLC will consider the first application filed in timestamp order - irrespective of randomization group assignments - as the official application submitted by (or on behalf of) the employer. OFLC will issue a Notice of Deficiency on the first application reviewed (i.e., the application that is randomized closest to the top of the processing order) to require the employer to establish a bona fide need for all potentially duplicative applications. Employers that fail to establish a bona fide need for each of the applications will receive a non-acceptance denial for each application identified as a duplicate and received after the application that was filed first.

Employers should make any necessary corrections or amendments to the first application filed. For further information on requesting a correction or amendment of an H-2B application before issuance of a final determination, please refer to H-2B Frequently Asked Questions Round 11.

December 15, 2022. The Departments of Labor and Homeland Security Publish Rule Increasing the Number of H-2B Visas Available in Fiscal Year 2023

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 64,716 additional visas for Fiscal Year (FY) 2023 positions 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 64,716 visas available, up to 44,716 are limited to H-2B returning workers, and up to 20,000 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.

View the TFR, Exercise of Time-Limited Authority to Increase the Numerical Limitation for Fiscal Year 2023 for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking to Change Employers

In support of this rule, the Office of Foreign Labor Certification (OFLC) has posted the new Form ETA-9142-B-CAA-7 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 (USCIS) along with Form I-129, in support of an H-2B application subject to the H-2B cap on or before September 15, 2023. Upon OMB providing final approval, OFLC will issue a separate announcement informing the public that the Form ETA-9142-B-CAA-7 is available for immediate public use.

PLEASE NOTE: The TFR requires employers with a certified start date which is 30 or more days prior to the submission of their visa petition to USCIS to engage in additional recruitment of U.S. workers. Employers required to conduct additional recruitment must provide OFLC with the case number for each temporary certification which will be used in support of a visa petition to USCIS concurrently with their placement of new job orders with the State Workforce Agency. Employers who must conduct this concurrent notification requirement are encouraged to notify OFLC NPC by sending an email to H-2Bsupplementalvisas@dol.gov, and including the words “H-2B TFR 2023 Recruitment” followed by the unique TLC case number in the subject line of the email.

December 7, 2022. The Department of Labor Publishes 2022 H-2A Final Rule Frequently Asked Questions; Job Offers, Assurances, and Obligations – Wages

OFLC has issued a set of Frequently Asked Questions (FAQs), Round 3 – Job Offers, Assurances, and Obligations – Wages, associated with the publication of the final rule, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (“2022 H-2A Final Rule”).

The Wage and Hour Division (WHD) is also posting guidance and information regarding H-2A program obligations, requirements, and compliance under the 2022 H-2A Final Rule. For example, fact sheets posted on WHD’s website provide general information about recruitment, notifications, wages, and housing.

View WHD’s H-2A guidance page

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

•   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

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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.

View the District Court’s Order in in Padilla Construction Company, et. al. v. Martin J. Walsh, et. al., No. 2:18-cv-1214 (C.D. Cal. Nov. 2, 2022)

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:

Employers and Employer Representatives H-2A Listening Sessions
- When: Tuesday, November 29 from 3:00 p.m. – 4:30 p.m. EST (Reached Capacity)
- When: Tuesday, December 6 from 1:00 p.m. – 2:30 p.m. EST
Workers and Advocates H-2A Listening Sessions
- When: Wednesday, November 30 from 7:00 p.m. – 8:30 p.m. EST
- When: Wednesday, December 7 from 7:00 p.m. – 8:30 p.m. EST

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:

Employers and Employer Representatives H-2A Listening Session
- When: Tuesday, November 29 from 3:00 p.m. – 4:30 p.m. EST
Workers and Advocates H-2A Listening Session
- When: Wednesday, November 30 from 7:00 p.m. – 8:30 p.m. EST

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

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.

View the public disclosure files and corresponding record layouts containing detailed descriptions of each available data element.
View the selected program statistics containing key program information.

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).

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

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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”).

October 24, 2022. Office of Foreign Labor Certification Announces Fall 2022 Webinar Schedule

As part of its stakeholder outreach program, the Office of Foreign Labor Certification (OFLC) announces the following informational webinars to educate the filing community on changes to the H-2A and H-2B programs. The login and presentation details for the first presentation on October 27, 2022 are below.

Office of Foreign Labor Certification (OFLC) & Wage and Hour Division (WHD) Webinar

Thursday, October 27, 3:00 to 4:00 PM EST;
OFLC and WHD will provide an overview of the key changes between the 2010 H-2A rule and the 2022 H-2A rule.

Office of Foreign Labor Certification (OFLC) Stakeholder Webinar on H-2A Processing Updates

Thursday, November 17, 2:00 to 3:30 PM EST;
OFLC will provide a detailed overview of how the 2022 H-2A rule will affect filing and processing.

Office of Foreign Labor Certification (OFLC) Stakeholder Webinar on H-2B 2023 Peak Season Filing Updates

Wednesday, December 7, 2:00 to 3:00 PM EST;
OFLC will provide updates and filing tips to stakeholders ahead of the January 2023 H-2B peak filing season.

Specific details such as the login information and presentation description will be posted to our website prior to each event. Please note, dates and times in this schedule may change.

October 21, 2022. The Department of Labor Announces Webinar on the 2022 H-2A Final Rule to be Held on October 27, 2022

On October 27, 2022, the Department of Labor 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. Participants of this webinar will learn from Office of Foreign Labor Certification (OFLC) and Wage and Hour Division (WHD) about the key changes between the 2010 H-2A rule and the 2022 H-2A rule in areas such as wage source adjustments during the contract period, housing standards and certification, joint employment, surety bonds for H-2A Labor Contractors, debarment, plus other topics. The Final Rule will become effective on November 14, 2022.

This webinar slides will be 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.

Meeting Details:

Thursday, October 27, 2022: 3:00 PM to 4:00 PM | (UTC-04:00) Eastern Time (US & Canada) | 1 hr

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Meeting number (access code): 2761 532 6669
Meeting password: OFLCWHDH2A2022

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October 12, 2022. The Department of Labor Publishes Final Rule Revising its Regulations on the H-2A Application and Temporary Labor Certification Process

The U.S. Department of Labor has published a final rule, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (“2022 H-2A Final Rule” or “final rule”), that revises its regulations governing the certification of employment of nonimmigrant workers in temporary agricultural employment and the enforcement of obligations applicable to employers of H-2A workers and workers in the United States similarly employed.

View the published final rule

In recent years, the Department has engaged in rulemaking to propose changes to the H-2A temporary labor certification (TLC) program after nearly 10 years administering the program under the 2010 Final Rule. See Notice of Proposed Rulemaking (NPRM), Temporary Agricultural Employment of H-2A Nonimmigrants in the United States, 84 FR 36168 (July 26, 2019). After consideration of comments received in response to the NPRM, the Department separated the NPRM’s proposals into two rulemaking activities. The first, which encompasses all of the NPRM’s proposals except the AEWR methodology, culminated this final rule. The second will address changes to the AEWR methodology. See 86 FR 68174 (Dec. 1, 2021).

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 and TLC process and the prevailing wage determination process. To help stakeholders better understand the final rule, OFLC has issued a set of Frequently Asked Questions (FAQs), Round 1 – Implementation, which further explain technical details as to dates of implementation and transition dates between the 2010 and 2022 H-2A Final Rules.

View Round 1 of the 2022 H-2A Final Rule FAQs – Implementation

Information on stakeholder engagements (e.g., webinars) and of the issuance of additional FAQ rounds on other topics will be forthcoming.

October 6, 2022. Department of Labor Announces Publication on October 12, 2022 of H-2A Final Rule

The Department of Labor has announced the impending publication of a final rule to amend H-2A temporary labor certification regulations (“2022 H-2A Final Rule”) to strengthen agricultural worker protections, and to update the H-2A application and temporary labor certification and prevailing wage determination processes. The final rule will be published in the Federal Register on October 12, 2022. The H-2A program allows employers to address temporary labor needs by employing foreign agricultural workers when there are not sufficient workers who are able, willing, qualified, and available, and when doing so will not adversely affect the wages and working conditions of workers similarly employed in the U.S.

View the 2022 H-2A Final Rule, currently on inspection at the Federal Register

The Office of Foreign Labor Certification will post additional announcements regarding the official publication and implementation of the 2022 H-2A Final Rule.

September 29, 2022. Hurricane Ian Disaster Guidance

OFLC has issued disaster guidance regarding reasonable case accommodations in light of the damage done by Hurricane Ian.

View the Hurricane Ian disaster guidance

September 26, 2022. The Office of Foreign Labor Certification Announces 30-Day Public Comment Period for Draft H-2A Frequently Asked Questions Guidance on Temporary or Seasonal Need.

The Employment and Training Administration’s Office of Foreign Labor Certification (OFLC) has published a notice in the Federal Register announcing draft Frequently Asked Questions (FAQs) guidance for the H-2A temporary agricultural program titled, Round 17: Temporary or Seasonal Need Assessments; Relevant Information or Factors Related to H-2A Labor Contractors (H-2ALCs) Operating in an Area of Intended Employment (AIE) Where Agricultural Production May Occur Year-Round. See 87 FR 58374.

View the Federal Register Notice

The draft guidance pertains to the Department of Labor’s (Department) assessment of the nature of an employer’s need for agricultural labor or services during OFLC’s review of the Form ETA-9142A, H-2A Application for Temporary Employment Certification. OFLC developed this draft guidance, and is publishing it for public comment, consistent with a directive from the Secretary of Labor for interpretive guidance clarifying how the Department assesses an H-2A employer’s need for agricultural labor or services to determine whether the employer has demonstrated a need of a temporary or seasonal nature, as required for H-2A certification.

OFLC invites written comments from the public on the draft FAQs to further inform the development of guidance regarding OFLC’s assessment of temporary or seasonal need for the H-2A program. The draft guidance is accessible at the following link:

The public may submit written comments on the draft FAQs through October 26, 2022. You may comment by using one of the following means:

Email your comment(s) to ETA.OFLC.H2ARound17@dol.gov; or
Submit your comment(s) through www.regulations.gov using the docket number ETA-2022-0007. Please note: OFLC will receive comments through both means, both by email and from www.regulations.gov, so there is no need to duplicate your comment submissions through both means.

OFLC will review all written comments that are timely submitted in the manner specified above, make any changes it determines are appropriate, and will publish final FAQs through a future Federal Register notice and on this website.

August 24, 2022. OFLC Announces the awarding of an investment from the Technology Modernization Fund to develop a new Permanent Labor Certification Program

To keep the public informed regarding the development and modernization of the Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) efforts to enhance and improve customers experience and security in the Permanent Labor Certification Program, OFLC was awarded an investment from the Technology Modernization Fund (TMF). For additional information, please see the link to the GSA announcement TMF Invests in Improving Public-Facing Services, Bolstering Cybersecurity | GSA.

August 15, 2022. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q3 of Fiscal Year 2022

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

OFLC has also released selected program statistics for the third 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.

August 15, 2022. OFLC Releases the H-2B Foreign Labor Recruiter List for Q3 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).

July 12, 2022. OFLC Publishes List of Randomized H-2B Applications Submitted July 3-5, 2022, for Employers Seeking H-2B Workers Starting October 1, 2022

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 1,360 H-2B applications covering 29,856 worker positions with a work start date of October 1, 2022. Since the number of the H-2B applications received during the three-day filing window collectively requested fewer worker positions for certification than the number of visas available under the semi-annual visa allotment for the first half of Fiscal Year 2022, all H-2B applications filed within that time period that requested workers starting October 1, 2022, were randomly given a unique number in accordance with OFLC's randomization process and placed into the same group for assignment to analysts for review and processing.

July 1, 2022. OFLC Publishes Updated Wage Data for the Commonwealth of Northern Mariana Islands

The Office of Foreign Labor Certification (OFLC) received the 2022 Commonwealth of Northern Mariana Islands (CNMI) Prevailing Wage Study survey from the Governor of the Commonwealth of Northern Mariana Islands (CNMI) for the CW-1 program. OFLC has approved the 2022 CNMI Prevailing Wage Study survey for 409 occupations and will issue updated CW-1 prevailing wages using this data from July 1, 2022 through June 30, 2023. The updated wage table includes prevailing wage data for a total of 848 occupations.

View the Updated CW-1 Wage Table for July 1, 2022 through June 30, 2023

June 30, 2022. OFLC Issues Technical Release Notes for the Occupational Employment and Wage Statistics Update for the July 2022 Through June 2023 Wage Year

The Office of Foreign Labor Certification (OFLC) has published the latest prevailing wage data from the Occupational Employment and Wage Statistics (OEWS) as generated by the Bureau of Labor Statistics for the new wage year from July 2022 through June 2023.

OFLC is implementing the 2018 Standard Occupational Classification (SOC) codes starting with this July 2022 through June 2023 wage year, and thereafter. The effective date is July 1, 2022. Prevailing wage determinations issued by the National Prevailing Wage Center from that date forward will reflect the new 2018 SOC codes.

June 27, 2022. Office of Foreign Labor Certification Announces Publication of an Updated Appendix A to the Preamble–Education and Training Categories by O*NET–SOC Occupations Effective July 1, 2022

View the November 15, 2021, Federal Register notice

OFLC is releasing this year’s Appendix A, implementing the new list of professional occupations, effective July 1, 2022.

June 24, 2022. H-2B Application Filing Timelines for 2022 Peak Filing Season

The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the three-day filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting a work start date of October 1, 2022, will open on July 3, 2022, at 12:00 a.m. Eastern Time, and close on July 5, 2022, at 11:59 p.m. Eastern Time. This three-day period is the earliest an employer may file an application for October 1, 2022, work start date, which is the first day of the semi-annual visa allotment for the first half of Fiscal Year 2022. Employers seeking start dates of October 2, 2022, or later must comply with the timeliness requirements at 20 CFR 655.15(b).

In accordance with regulatory requirements and OFLC’s standard operating procedures, H-2B applications requesting October 1, 2022, the work start date will be denied if they are filed before July 3, 2022, at 12:00 a.m. Eastern Time.

OFLC will randomly order for assignment to analysts for review and processing all H-2B applications requesting a work start date of October 1, 2022, that are filed during the three-day filing window (July 3-5, 2022) using the randomization procedures published in the Federal Register on March 4, 2019.

Filing Tips

Only one Application for Temporary Employment Certification per job opportunity should be filed to prevent duplicate filings and delays in processing.
If answering “yes” to Board, Lodging, or Other Facilities, include details of the deductions and indicate that it is optional to the workers.
The employer must submit the job order to the SWA serving the area of intended employment at the same time it submits the Application for Temporary Employment Certification and a copy of the job order to the OFLC National Processing Center.
Original signatures and dates on Appendix B must be current.

June 22, 2022. OFLC has placed the June 21, 2022 stakeholder update on the implementation of the new 2018 Standard Occupational Classification system recording and presentation on the Prevailing Wage section of the website.

As part of the Office of Foreign Labor Certification's (OFLC) ongoing efforts to increase public engagement, OFLC's National Prevailing Wage Center (NPWC) hosted a two-hour webinar on the implementation of the 2018 Standard Occupational Classification (SOC) system. These materials are now available to view on the Prevailing Wage Information and Resources tab located here: https://www.dol.gov/agencies/eta/foreign-labor/wages

June 14, 2022. Office of Foreign Labor Certification Announces 60-Day Public Comment Period on the Form ETA-9141, Form ETA-9141, Appendix A, and Form ETA-9165

The Office of Foreign Labor Certification (OFLC) has published a 60-day Paperwork Reduction Act (PRA) Federal Register Notice (FRN) relating to the Application for Prevailing Wage Determination information collection request (ICR) (OMB Control Number 1205-0508). OFLC is seeking a three year approval of the information collection and related retention requirements associated with the Form ETA-9141, Application for Prevailing Wage Determination; Form ETA-9141, General Instructions; Form ETA-9141, Appendix A, Request for Additional Worksite(s); Form ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey; and Form ETA-9165, General Instructions. The information collection approved under this ICR ensures employers provide information about their job opportunities and terms of employment necessary to determine prevailing wages.

The FRN notifies the public of OFLC’s proposed minor revisions to the Form ETA-9141, Form ETA-9165, and accompanying instructions, and provides the public the opportunity to comment for 60 days. Written comments must be submitted in accordance with the instructions provided in the FRN. The deadline to submit comments is August 15, 2022.

June 10, 2022. OFLC announces a webinar on June 21, 2022 to update stakeholders on the implementation of the new 2018 Standard Occupational Classification system.

As part of the Office of Foreign Labor Certification's (OFLC) ongoing efforts to increase public engagement, OFLC's National Prevailing Wage Center (NPWC) will host a two-hour webinar on the implementation of the 2018 Standard Occupational Classification (SOC) system. OFLC will begin using the 2018 SOC system on July 1, 2022, in place of the 2010 SOC system. Since September 1999, the SOC has been used by the Occupational Employment and Wage Statistics program to classify occupational wage information. The SOC provides a common language for categorizing occupations, and serves as the framework for information being gathered through the Department of Labor's Occupational Information Network (O*NET).

The NWPC will present background, an implementation timeline, and review how the new classification will affect Prevailing Wage Determinations (PWD). This event will be recorded and all materials will be placed on the Prevailing Wage tab of the OFLC’s website for future access.

Meeting Details:

Tuesday, June 21, 2022: 1:00 PM to 3:00 PM | (UTC-04:00) Eastern Time (US & Canada) | 2 hrs

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Meeting number (access code): 2764 951 1301
Meeting password: PWDSOC2022

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May 27, 2022. The Department of Labor Clarifies Method of Contacting AFL-CIO Required Under the 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 published a temporary final rule (TFR) increasing the numerical limitation on H-2B nonimmigrant visas for Fiscal Year (FY) 2022 positions with start dates on or after April 1, 2022, through September 30, 2022. The TFR included additional recruitment requirements for certain employers, including the requirement that where the occupation or industry is traditionally or customarily unionized, “the employer must contact (by mail, email or other effective means) the nearest American Federation of Labor and Congress of Industrial Organizations [AFL-CIO] office covering the area of intended employment and provide written notice of the job opportunity, by providing a copy of the job order placed pursuant to (a)(5)(i) of this section, and request assistance in recruiting qualified U.S. workers for the job.” 20 CFR § 655.65(a)(5)(iii).

As stated in the TFR, examples of such contact include emailing the job order, along with a request for assistance to recruit workers, to the appropriate AFL-CIO office or mailing such materials to the appropriate AFL-CIO office.

To aid employers who must conduct this additional recruitment step, one effective means of contacting the nearest AFL-CIO office covering the area of intended employment is to email the job order and request for assistance to: H-2B@aflcio.org or contacting the national AFL-CIO by mail at the following address:

AFL-CIO
Attn: H-2B
815 Black Lives Matter Plaza NW
Washington, DC 20005

These materials will then be distributed to the most appropriate local office serving the area of intended employment for that job opportunity. Employers are encouraged to contact the AFL-CIO using the email or mailing address above, though contact directly with the AFL-CIO office covering the area of intended employment is also acceptable. Employers are reminded to retain documentation of contact with the AFL-CIO as required under 20 CFR § 655.66.

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.

View the TFR, Exercise of Time-Limited Authority to Increase the Numerical Limitation for Second Half of Fiscal Year 2022 for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking to Change 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).

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.

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

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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.

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)

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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 14, 2022. OFLC Announces Number of Issued Certifications for Employers Seeking H-2B Workers with April 1, 2022, Start Dates of Need

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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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.

February 14, 2022. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q1 of Fiscal Year 2022

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the first 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 December 31, 2021 reporting period of fiscal year 2022.

OFLC has also released selected program statistics for the first 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.

February 14, 2022. OFLC Releases the H-2B Foreign Labor Recruiter List for Q1 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).

January 28, 2022. The Departments of Labor and Homeland Security Publish Rule Increasing the Number of H-2B Visas Available in the First Half of Fiscal Year 2022

The U.S. Departments of Labor and Homeland Security have published a temporary final rule authorizing an increase of up to 20,000 additional H-2B visas for Fiscal Year 2022 positions with start dates on or before March 31, 2022, for 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. The supplemental visas will be limited to H-2B returning workers, with the exception of up to 6,500 visas reserved for H-2B workers who are nationals of the Northern Triangle countries or Haiti. The rule 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-5 and the accompanying instructions. The temporary rule requires an employer to attest, among others, 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 before March 31, 2022. The attestation is available on the Forms page of the OFLC website found at: https://www.dol.gov/agencies/eta/foreign-labor/forms.

View the Temporary Final Rule, Exercise of Time-Limited Authority to Increase the Fiscal Year 2022 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking To Change Employers

January 25, 2022. OFLC Announces a Webinar on February 3, 2022, to Deliver a Technical Demonstration of the Seasonaljobs.dol.gov Website

The OCIO staff will also demonstrate how to search and use the website to locate active and inactive job postings, and how to report any technical problems or issues users encounter on the website. The presentation will explain additional features such as where to find and how to use real-time “data feeds” available through SeasonalJobs.dol.gov and viewing job postings in Spanish via Microsoft’s Translator service.

Details of the webinar are as follows:

Thursday, February 3, 2022: 2:00 PM | (UTC-05:00) Eastern Time (US & Canada) | 1 hour

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January 12, 2022. OFLC Announces 60-Day Public Comment Period on the Form ETA-9142B and Related Forms for the H-2B Temporary Non-agricultural Program

The Employment and Training Administration (ETA) published a 60-day notice in the Federal Register announcing its proposal to revise the information collection for the Office of Foreign Labor Certification’s Form ETA-9142B, Application for Temporary Employment Certification, its accompanying appendices, related forms, and instructions. The Federal Register notice informs the public of the Department of Labor’s request for three-year approval of the forms and invites comments from the public for 60 days.

Written comments must be submitted in accordance with the Federal Register notice instructions. The deadline to submit comments is March 14, 2022.

January 7, 2022. OFLC Publishes List of Randomized H-2B Applications Submitted January 1-3 for Employers Seeking H-2B Workers Starting April 1, 2022.

On January 4, 2022, 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).

View the Assignment Groups for H-2B Applications Submitted January 1-3, 2022

January 4, 2022. OFLC Conducts Randomization Process on H-2B Applications Submitted Requesting an April 1, 2022, Work Start Date.

The Office of Foreign Labor Certification has completed the randomization process to randomly assign all H-2B applications submitted during the initial three-day filing window, January 1-3, 2022, requesting an April 1, 2022, work start date for the second half of the Fiscal Year 2022 H-2B statutory visa cap.

OFLC received a total of 7,875 H-2B applications requesting 136,555 worker positions during this filing period.

OFLC will be providing written notification to employers (and the employer's authorized attorney or agent) with their H-2B Assignment Group. On January 7, 2022, OFLC will also publish on its website the list of the H-2B applications assigned to each Assignment Group.

Calendar Year 2021

December 29, 2021. ETA Issues H-2A Program Frequently Asked Questions, Covering Wage Disclosure and Calculation Requirements on the Forms ETA-790/790A, H-2A Agricultural Clearance Order, and Addendum A

The Employment and Training Administration (ETA) has posted a set of Frequently Asked Questions (FAQs), related to the wage disclosure and calculation requirements for agricultural clearance orders, including in the H-2A temporary labor certification program. These FAQs remind State Workforce Agencies that they are obligated under the Wagner-Peyser Act regulations at 20 CFR 653.501 to check an employer’s piece rate offer, estimated in hourly wage rate equivalents for each activity and unit size, when reviewing the Forms ETA-790A and 790B (collectively referred to as “Agricultural Clearance Orders”) and to clarify related wage disclosure and calculation requirements of these forms for employers.

View the FAQs regarding wage disclosure and calculation requirements on agricultural clearance orders

December 20, 2021. H-2B Application Filing Timelines for 2022 Peak Filing Season

The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting work start dates of April 1, 2022, or later, will open on January 1, 2022, at 12:00 a.m. Eastern Time.

Following OFLC’s standard operating procedures, H-2B applications requesting an April 1, 2022, work start date will be denied if they are filed before January 1, 2022, at 12:00 a.m. Eastern Time.

OFLC will randomly order for processing all H-2B applications requesting a work start date of April 1, 2022, that are filed during the initial three calendar days (January 1-3, 2022) using the randomization procedures published in the Federal Register on March 4, 2019. Each day, from January 2, 2022 through January 4, 2022, OFLC will publish on the Foreign Labor Application Gateway System website the number of H-2B applications it has received to date and the total number of requested worker positions on those applications.

December 16, 2021. The Department of Labor Publishes Final Rule Amending its Regulations on the Adjudication of Temporary and Seasonal Need for Range Occupations under the H-2A Program

The Department of Labor (Department) has published a final rule in the Federal Register that amends its regulations regarding the adjudication of temporary need for employers seeking herding or production of livestock on the range job opportunities under the H-2A program. Consistent with the court-approved settlement agreement in Hispanic Affairs Project, et al. v. Perez et al., No. 15-cv-1562 (D.D.C.), the Department published a notice of proposed rulemaking on May 6, 2021 that proposed to rescind the regulation governing the period of need for such job opportunities to ensure the Department’s adjudication of temporary or seasonal need is conducted in the same manner for all applications for temporary agricultural labor certification. The Department invited public comment on the proposal until June 7, 2021. After consideration of the public comments received, the Department has adopted the proposal as final. For more information, please see the link below.

View the Final Rule, Adjudication of Temporary and Seasonal Need for Herding and Production of Livestock on the Range Applications Under the H–2A Program

December 15, 2021. Office of Foreign Labor Certification Publishes 2022 H-2A Monthly Adverse Effect Wage Rate (AEWR) for Herding or Production of Livestock on the Range

The Employment and Training Administration has published a notice in the Federal Register announcing the new AEWR for occupations involving herding or production of livestock on the range for the H-2A Program. The AEWR is the minimum wage rate the Department of Labor has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment, so that the wages of workers in the U.S. similarly employed will not be adversely affected. The notice announces the new national monthly AEWR for herding or production of livestock on the range.

December 15, 2021. Office of Foreign Labor Certification Publishes New 2022 H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations

The Employment and Training Administration has published a notice in the Federal Register announcing 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. 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 occupations involving 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 set according to the methodology in the 2010 rule and 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 Farm Labor Report.

December 13, 2021. Office of Foreign Labor Certification Publishes Final Rule Amending the Code of Federal Regulations to Remove Text in Response to Court Order Vacating Final Rule

The Employment and Training Administration’s (ETA) Office of Foreign Labor Certification (OFLC) has issued a final rule informing the public that OFLC is amending the Code of Federal Regulations (CFR), at 20 CFR 655.731 and 656.40, to remove text added through an Interim Final Rule (IFR), Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigrants and Non-Immigrants in the United States, 85 FR 63872 (Oct. 8, 2020). OFLC published the IFR with an immediate effective date, bypassing notice and comment, but requested public input during a post-promulgation 30-day public comment period. Four groups of plaintiffs separately challenged the IFR, and it was subsequently set aside or enjoined by three district courts on procedural grounds. On January 14, 2021, after consideration of public comments, OFLC published a Final Rule (FR) adopting a revised version of the IFR. 86 FR 3608. On June 23, 2021, before the FR took effect, a federal district court entered an order vacating and remanding the FR. In response to the order, the Department published this final rule to restore the regulatory text to appear as it did before the IFR’s effective date.

View the Final Rule

December 13, 2021. H-2B Webinar Materials and Information for 2022 Peak Filing Season

On December 7, 2021, the Office of Foreign Labor Certification (OFLC) conducted a webinar to update stakeholders on the process for filing H-2B applications requesting a work start date of April 1, 2022, or later.

View the H-2B FY 2022 Peak Season Presentation

OFLC will only review and process the application that was filed first, according to its timestamp. If OFLC identifies multiple applications that appear to have been filed for the same job opportunity, OFLC will consider the first application filed in timestamp order - irrespective of randomization group assignments - as the official application submitted by (or on behalf of) the employer. OFLC will issue a Notice of Deficiency on the first application reviewed (i.e., the application that is randomized closest to the top of the processing order) to require the employer to establish a bona fide need for all potentially duplicative applications. Employers that fail to establish a bona fide need for each of the applications will receive a non-acceptance denial for each application identified as a duplicate and received after the application that was filed first.

December 1, 2021. The Department of Labor Publishes Proposed Rule Revising the Methodology Used to Determine the Adverse Effect Wage Rates for Non-Range Occupations in the H-2A Program

The U.S. Department of Labor has published a Notice of Proposed Rulemaking (NPRM) that proposes revisions to the methodology used to determine the Adverse Effect Wage Rates (AEWRs) for non-range agricultural occupations in the H-2A visa program. The AEWR determination methodology proposed in the NPRM will strike a reasonable balance between the statute’s competing goals of providing employers with an adequate legal supply of agricultural labor and protecting the wages and working conditions of U.S. workers similarly employed.

The NPRM proposes to determine AEWRs using wage data reported by the U.S. Department of Agriculture’s Farm Labor Survey (FLS) and the Department’s Bureau of Labor Statistics Occupational Employment and Wage Statistics (OEWS) survey. For the six occupations comprising the field and livestock worker (combined) category within the FLS, which constitute the majority of H-2A job opportunities, the NPRM proposes to set a single AEWR using the annual average hourly wage for field and livestock workers (combined) for the State or region, as determined by the FLS. For all other job opportunities, and in circumstances where the FLS does not report wage data for the field and livestock worker occupations, the NPRM proposes to use OEWS wage data to set the AEWR at the statewide annual average hourly wage for the occupational classification, or the national annual average hourly wage if statewide data is unavailable.

View the Notice of Proposed Rulemaking

November 29, 2021. OFLC Announces Webinar on December 7, 2021, to Update Stakeholders on the Process for Filing H-2B Applications with a Start Date of April 1, 2022, or Later

Regulatory timeframes and filing requirements for H-2B applications with a start date of need of April 1, 2022, or later;
Procedures OFLC uses to randomly select H-2B applications for review and processing;
Recent enhancements the Department has made to Foreign Labor Application Gateway (FLAG) System;
Helpful hints and reminders to avoid deficiencies during application process.

Details of the webinar are as follows:

Tuesday, December 7, 2021: 2:00 PM | Eastern Time (US & Canada) | 1 hr

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November 24, 2021. U.S. Department of Agriculture Releases 2021 Farm Labor Survey

On November 24, 2021, the United States Department of Agriculture (USDA) issued the Farm Labor Survey (FLS) report in which it established the average annual wage rates, by region and the United States, for field and livestock workers. The Department of Labor (Department) relies on the average annual combined hourly wage for field and livestock workers in order to establish the Adverse Effect Wage Rates (AEWR) in the H-2A program. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment, so that the wages of workers similarly employed in the United States will not be adversely affected.

The Department is reviewing the USDA FLS average annual wage rates for 2022 and will soon publish a notice in the Federal Register announcing new AEWRs for each state. To obtain more information on the National Agricultural Statistic Service (NASS) surveys and reports, please call the NASS Agricultural Statistics Hotline at (800) 727-9540, 7:30 a.m. EST to 4:00 p.m. EST, or email nass@usda.gov.

View the latest USDA FLS report

November 19, 2021. OFLC Announces Enhancements to SeasonalJobs.dol.gov to Improve U.S. Worker Access to H-2A and H-2B Job Opportunities

Initially launched in December 2018, SeasonalJobs.dol.gov is a mobile-friendly online portal that leverages the latest technologies to broaden dissemination of available temporary and seasonal job opportunities for which U.S. workers may be interested in applying. On November 19, 2021, OFLC implemented several enhancements designed to improve customer service and broaden U.S. worker access to available job opportunities. First, SeasonalJobs.dol.gov now makes information about H-2A and H-2B job opportunities more accessible to U.S. workers with limited English proficiency by offering a Spanish translation of both the website content and specific terms and conditions of the job opportunity. Second, to facilitate broader dissemination of available job opportunities, OFLC has significantly expanded the amount of job information available to any third-party (e.g., job search websites) through data feeds, which can be extracted daily and indexed for further advertising to U.S. workers. And finally, a new customer feedback feature is available that allows any person visiting the website to quickly report a defect or offer an idea or suggestion for improving the functional capabilities of the website.

To learn more about these new enhancements, please visit SeasonalJobs.dol.gov.

November 15, 2021. Office of Foreign Labor Certification Announces Update to Appendix A to the Preamble–Education and Training Categories by ONET–SOC Occupations; Labor Certification for Permanent Employment of Immigrants in the United States and Procedures to Establish Job Zone Values when ONET Job Zone Data Are Unavailable

The Employment and Training Administration issued a Federal Register notice informing the public that the Office of Foreign Labor Certification (OFLC) is updating Appendix A to the Preamble–Education and Training Categories by Occupational Information Network (O*NET)–Standard Occupational Classification (SOC) Occupations. Appendix A is a list of professional occupations that serves as a guide for employers to distinguish between professional and non-professional occupations in order to comply with the professional recruitment requirements of the PERM program. The FRN notifies the public that the list of occupations in Appendix A will be updated based on BLS’s current occupational and corresponding education data. In particular, OFLC will publish the updated list of occupations on its website, and intends to review BLS data each year to publish a new list of occupations on its website, even when BLS data remain the same from the previous year. In addition, this FRN announces procedures OFLC will apply in situations where O*NET Job Zone data are not yet available as O*NET transitions to the 2018 SOC occupations.

View the Federal Register notice

November 3, 2021. The Department of Labor’s Response to Stakeholder Requests to Raise the H-2B Visa Cap for the First Half of Fiscal Year 2022

The Department of Labor (Department or DOL) continues to recognize that obtaining a reliable workforce is crucial to meeting the temporary or seasonal labor needs of American businesses. The Department also recognizes how important it is to help Americans get back to work. We are committed to building a modern, inclusive workforce – ensuring all workers have good jobs, fair wages and working conditions, and opportunities for advancement.

The Immigration and Nationality Act (INA) sets the cap on the annual number of non-citizens who may be issued H-2B visas or otherwise provided H-2B nonimmigrant status to perform temporary non-agricultural work at 66,000, to be distributed semi-annually beginning in October and April (H-2B cap). The Department of Homeland Security’s (DHS) United States Citizenship and Immigration Services (USCIS) has the statutory responsibility for determining whether the H-2B cap has been reached in each semi-annual period based on the number of H-2B petitions it receives.

On October 12, 2021, USCIS announced that on September 30, 2021 it had reached the congressionally mandated cap for H-2B visas for temporary nonagricultural workers for the first half of the FY 2022. Except where the H-2B petition qualifies for an exemption from the statutory visa cap, USCIS is currently rejecting new cap-subject petitions received after September 30, 2021 that request an employment start date before April 1, 2022.

While the 33,000 H-2B cap for the first half of FY 2022 has been reached, 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.

Again, we understand the importance of this issue to both workers and employers. In recent years, Congress has enacted a series of public laws that provided the Secretary of Homeland Security with time-limited, discretionary authority to increase the H-2B cap beyond the number set forth in the INA after consultation with the Secretary of Labor. The Department will continue working collaboratively with our partners at DHS in an ongoing effort to ensure effective operation of the H-2B program.

November 1, 2021. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q4 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 2021) 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 September 30, 2021, reporting period of fiscal year 2021.

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

View the public disclosure files and corresponding record layouts containing detailed descriptions of each available data element.
View the selected program statistics containing key program information.

November 1, 2021. OFLC Releases the H-2B Foreign Labor Recruiter List for Q4 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).

September 17, 2021. OFLC Issues H-2A Program Frequently Asked Questions, Round 15, Covering the H-2A Labor Contractor Filing Requirements of Farm Labor Contractor and Farm Labor Contractor Employee Certificates of Registration

The Office of Foreign Labor Certification has posted a set of Frequently Asked Questions (FAQs), Round 15, related to H-2A Labor Contractor filing requirements in the H-2A temporary labor certification program. These FAQs address questions related to obtaining a Farm Labor Contractor and/or Farm Labor Contractor Employee Certificate of Registration from the Department’s Wage and Hour Division as well as submitting evidence to the Certifying Officer of authorization to perform all farm labor contracting activities that will be done under the H-2A Application for Temporary Employment Certification.

View the Round 15 H-2A FAQs regarding H-2A Labor Contractor filing requirements

September 1, 2021. Hurricane Ida Disaster Guidance

Please click here for guidance regarding reasonable case accommodations in light of the damage done by Hurricane Ida.

August 17, 2021. OFLC Announces Important Enhancements to the Foreign Labor Application Gateway (FLAG) System to Improve Customer Service and Processing

As part of the Department's technology modernization initiative, the FLAG system was implemented to improve customer service and modernize the administration of foreign labor certification programs. On August 16, 2021, the Office of Foreign Labor Certification (OFLC) released several important enhancements to the FLAG system that improves accessibility to OFLC case decisions, reduces the burden associated with completing requests for prevailing wage determinations, and enhances a system user’s ability to manage their requests for labor certification.

Specifically, the FLAG system features a new “Notification Center” within the user account that provides real-time access to OFLC decisions, and permits users to quickly upload responses and view documents associated with the labor certification application. Additionally, users have an ability to “reuse” a previously filed Form ETA-9141, Application for Prevailing Wage Determination, which will save the employer significant time and burden by pre-populating key sections of the previous application into a new request. Finally, FLAG system account users will have new options for re-assigning cases among other authorized users within their account network in order to better manage the labor certification applications under OFLC review. More detailed information explaining these updates can be found on the FLAG site including user guides and a video.

August 6, 2021. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q3 of Fiscal Year 2021

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2021) drawn from employer applications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

Please Note: OFLC recently implemented the revised form ETA-9141, as a result there will be two distinct PW disclosure data files along with two distinct Worksites files. These files will each have their own record layout documents.

The public disclosure files include all final determinations OFLC issued for these programs during the October 1, 2020, through June 30, 2021, reporting period of fiscal year 2021.

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

View the public disclosure files and corresponding record layouts containing detailed descriptions of each available data element.
View the selected program statistics containing key program information.

August 6, 2021. OFLC Releases the H-2B Foreign Labor Recruiter List for Q3 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).

July 16, 2021. OFLC Announces Relocation of the Office of Foreign Labor Certification's Atlanta National Processing Center; Change of Physical Mailing Address

The Employment and Training Administration issued a Federal Register notice informing the public that the Office of Foreign Labor Certification’s (OFLC) mailing address for its Atlanta National Processing Center (ANPC) will be changing beginning August 25, 2021, with the exception of mail associated with the processing of applications requesting permanent labor certification subject to supervised recruitment.

Effective August 25, 2021, any mail, including U.S. Postal Service and other courier mail or parcel delivery packages, etc., sent to ANPC must be submitted to the following new mailing address: U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, 200 Constitution Avenue, NW, Room N-5311, Washington, DC 20210. The one exception is mail associated with Supervised Recruitment under 20 CFR 656.21, which must continue to be submitted to: U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, Atlanta National Processing Center, Attn: Supervised Recruitment, P.O. Box 56625, Atlanta, GA 30343.

Employers are reminded to adhere to regulatory requirements at 20 CFR 656.10(d), including providing ANPC’s correct new mailing address, specified above, on the Notice of Filing (NOF) that must be posted when employers file a Form ETA-9089, Application for Permanent Employment Certification. If the required 10-day posting period for a NOF commences after September 5, 2021, employers must include the new mailing address contained in the notice. 20 CFR 656.10(d)(3)(iii).

View the Federal Register notice informing the public of the change to ANPC’s mailing address, effective August 25, 2021

July 16, 2021. OFLC Releases Frequently Asked Questions for Implementation of the Revised Form ETA-9141

The Office of Foreign Labor Certification (OFLC) has released Round 3 of frequently asked questions (FAQs) from the National Prevailing Wage Center (NPWC) to respond to inquiries from the April 27, 2021, webinar on implementing the revised Form ETA-9141. The revised Form ETA-9141 provides a separate section to be completed by employers who accept alternative job requirements in addition to the minimum job requirements. The new alternative job requirements section: (1) improves NPWC’s ability to ensure that prevailing wages provided to employers and listed on the Form ETA-9089 do not adversely affect U.S. workers and support a valid labor market test in instances where the alternative requirements would result in a higher wage; and (2) reduces employers’ burden of completing a separate Form ETA-9141 for each set of requirements.

July 9, 2021. OFLC Publishes List of Randomized H-2B Applications Submitted July 3-5, 2021, for Employers Seeking H-2B Workers Starting October 1, 2021

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 873 H-2B applications covering 21,116 worker positions with a work start date of October 1, 2021. Since the number of the H-2B applications received during the three-day filing window collectively requested fewer worker positions for certification than the number of visas available under the semi-annual visa allotment for the first half of Fiscal Year 2022, all H-2B applications filed within that time period that requested workers starting October 1, 2021, were randomly given a unique number in accordance with OFLC's randomization process and placed into the same group for assignment to analysts for review and processing.

View the Assignment Groups for H-2B Applications Submitted July 3-5, 2021

July 7, 2021. OFLC Conducts Randomization Process on H-2B Applications Submitted Requesting an October 1, 2021, Work Start Date

The Office of Foreign Labor Certification (OFLC) completed the randomization process to randomly assign to analysts for review and processing all H-2B applications submitted during the three-day filing window, July 3-5, 2021, requesting an October 1, 2021, work start date.

During this filing period, OFLC received a total of 873 H-2B applications requesting 21,116 worker positions for work beginning on October 1, 2021.

OFLC will be providing written notification to employers (and, if applicable, the employer's authorized attorney or agent) with their H-2B Assignment Group. On July 9, 2021, OFLC will also publish the list of the H-2B applications assigned to each Assignment Group on its website.

July 6, 2021. OFLC Announces Number of H-2B Applications Filed in the Foreign Labor Application Gateway (FLAG) System During the Three-day Filing Window of the Peak Filing Season

During the three-day filing window (July 3-5, 2021) of the H-2B peak filing season, employers filed 873 applications in the FLAG System requesting more than 21,116 worker positions with an October 1, 2021, work start date.

On July 6, 2021, the Office of Foreign Labor Certification (OFLC) plans to randomly order all applications requesting a work start date of October 1, 2021, that were submitted during the three-day filing window. OFLC will use the randomization procedures published in the Federal Register on March 4, 2019, to randomize the applications for assignment to analysts for review and processing.

July 6, 2021. OFLC Announces Implementation of District Court Order Granting Backpay to Qualifying Workers: H-2A Adverse Effect Wage Rates

On December 23, 2020, the U.S. District Court for the Eastern District of California issued an order in United Farm Workers, et al. v. DOL, et al., No. 20-cv-01690, enjoining the Department of Labor (Department or DOL) from implementing its Final Rule, Adverse Effect Wage Rate Methodology (AEWR) for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States, 85 FR 70445 (Nov. 5, 2020), and ordering 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).

On January 15, 2021, in compliance with an order issued by the court on January 12, the Department notified state workforce agencies (SWAs), employers, and the general public that all H-2A job orders filed on or after December 21, 2020, in accordance with 20 CFR 655.121--including job orders filed concurrently with an Application for Temporary Employment Certification with the OFLC National Processing Center for emergency situations under 20 CFR 655.134--were required to use the 2020 AEWRs in effect on December 20, 2020, until the publication of the 2021 AEWRs in the Federal Register. Consistent with the court’s January 12, 2021 order, the Department further notified all SWAs, employers, and the general public that employers submitting job orders and applications between December 21, 2020, and publication of the final 2021 AEWRs may be required to pay the wage differential between the 2020 and 2021 AEWRs. Additionally, the Department reminded employers of their regulatory obligation to maintain accurate and adequate earnings records (see 20 CFR 655.122(j)), including the names and permanent home addresses of all H-2A workers, and make reasonable efforts to ensure that such information for each worker remains current. On February 23, 2021, the Department published the 2021 AEWRs as a notice in the Federal Register with an immediate effective date (86 FR 10996).

On May 14, 2021, the court issued an order requiring H-2A employers that submitted job orders and applications between December 21, 2020, and February 23, 2021, to pay the wage differential between the 2020 and 2021 AEWRs to all H-2A workers and U.S. workers in corresponding employment for work performed between January 15, 2021, and February 23, 2021. On June 11, 2021, the court issued an amended order clarifying that the obligation to pay the wage differential applies to all employers that filed either a job order or an application between December 21, 2020, and February 23, 2021. The court directed the Department to provide notice of its order to all SWAs, employers, and the general public. Accordingly, the Department provides the following notice:

H-2A employers that submitted job orders (Form ETA-790/790A) to the SWAs or applications for H-2A temporary labor certification (Form ETA-9142A) to DOL between December 21, 2020 and February 23, 2021 are required to make wage adjustment payments to qualifying H-2A workers and U.S. farmworkers in corresponding employment who worked during the period from January 15, 2021 to February 23, 2021 and received an hourly wage below the geographically applicable 2021 AEWR;
Each wage adjustment payment must equal the total number of hours a farmworker worked from January 15, 2021 and February 23, 2021 multiplied by the difference between the wage received and the geographically applicable 2021 AEWR;
H-2A employers covered by the court’s order are required to make wage adjustment payments to the qualifying H-2A workers and U.S. farmworkers in corresponding employment on or before Saturday, September 4, 2021; and
H-2A employers covered by the court’s order are responsible for maintaining accurate and adequate earnings records, in accordance with 20 CFR 655.122(j), to establish compliance with the equitable restitution obligation specified in the court’s order and noted above.

Finally, consistent with the amended order, all H-2A employers covered by the court’s order must certify compliance with the wage adjustment requirement to DOL by taking the following steps:

STEP 1

Prepare a statement of compliance, signed and dated by the employer, certifying that the required wage adjustment payments were made to all qualifying H-2A workers and workers in corresponding employment on or before Saturday, September 4, 2021.

The statement must include the DOL H-2A Case Number; number of H-2A workers issued the required wage adjustment; number of U.S. workers in corresponding employment issued the required wage adjustment; and the date(s) on which the required wage adjustments were made to the workers.

STEP 2

Send a copy of the signed and dated statement of compliance to OFLC using the following email address: H-2A.backpaycerts.2021@dol.gov

STEP 3

Retain the original signed and dated statement of compliance and a copy of the receipt confirmation email received from OFLC.

Important Note: H-2A employers must review the equitable restitution obligation specified in the court’s order and determine whether H-2A workers or workers in corresponding employment actually performed any work from January 15, 2021, to February 23, 2021, and received an hourly wage below the geographically applicable 2021 AEWR.

To assist H-2A employers in determining whether they may be covered by the court’s order, DOL has sought to identify all H-2A applications granted temporary labor certification in a non-range occupation where either the Form ETA-790/790A or Form ETA-9142A was submitted between December 21, 2020, and February 23, 2021, and the certified period of work included at least one (1) calendar day from January 15, 2021, to February 23, 2021. To see the list of potentially covered H-2A employers, click here.

View the court’s June 11, 2021 order regarding equitable restitution in United Farm Workers, et al. v. DOL, et al., No. 20-cv-01690 (E.D. Cal.)

July 1, 2021. OFLC Publishes Updated Wage Data for the Commonwealth of Northern Mariana Islands

The Office of Foreign Labor Certification (OFLC) received the 2021 Commonwealth of Northern Mariana Islands (CNMI) Prevailing Wage Study survey from the Governor of the Commonwealth of Northern Mariana Islands (CNMI) for the CW-1 program. OFLC has approved the 2021 CNMI Prevailing Wage Study survey for 373 occupations and will issue updated CW-1 prevailing wages using this data from July 1, 2021, through June 30, 2022. The updated wage table includes prevailing wage data for a total of 820 occupations.

View the Updated CW-1 Wage Table for July 1, 2021, through June 30, 2022

June 29, 2021. OFLC Announces Updates to Implementation of the Final Rule Affecting Wages for H-1B and PERM Workers; District Court’s Order Vacating Final Rule

On June 23, 2021, the U.S. District Court for the Northern District of California issued an order in Chamber of Commerce, et al. v. DHS, et al., No. 20-cv-7331, vacating the Final Rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, 86 FR 3608 (Jan. 14, 2021), and remanding the matter back to the U.S. Department of Labor (the Department).

The Department published the Final Rule on January 14, 2021, following district court orders that set aside an October 8, 2020 Interim Final Rule (IFR) (85 FR 63872). The Final Rule amended the Department’s regulations governing the prevailing wages for employment opportunities that U.S. employers seek to fill with foreign workers on a permanent or temporary basis under the PERM, H-1B, H-1B1, or E-3 visa programs. The Department has twice delayed the effective date of the Final Rule (86 FR 13995; 86 FR 26164). In light of these delays and now the June 23, 2021 order vacating the Final Rule, the operative version of the regulations at 20 CFR 656.40 and 20 CFR 655.731 continues to be the version in place on October 7, 2020, prior to the publication of the IFR.

June 25, 2021. OFLC Issues Technical Release Notes for the Occupational Employment and Wage Statistics Update for the July 2021 through June 2022 Wage Year

OFLC intends to delay implementing the 2018 Standard Occupational Classification (SOC) codes until July 2022. OFLC will continue using the 2010 SOC during the July 2021 through June 2022 wage year and will apply the OEWS 2019 Hybrid Structure wage estimates generated by BLS for the 2010 SOC occupations. BLS has announced that it will solely use the 2018 SOC in Spring 2022 when it publishes the May 2021 OEWS estimates. Currently, O*NET is still undergoing data collection, and there are several 2018 SOC occupations that lack data for certain occupational norms, such as job zone information. For these reasons, OFLC plans to delay implementation of 2018 SOC until the July 2022 wage year.

OFLC is rescinding in full Round 2 of National Prevailing Wage and Helpdesk Center Frequently Asked Questions, published on June 23, 2020, because these questions pertained to the July 2020 through June 2021 wage year that has already passed.

Lastly, OFLC is providing technical release notes, which explain how OFLC will continue to apply the OEWS 2019 Hybrid Structure to the 2010 SOC occupations for the July 2021 through June 2022 wage year.

View the technical release notes for OEWS 2019 Hybrid Structure

June 23, 2021. H-2B Application Filing Timelines for 2021 Peak Filing Season

The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the three-day filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting a work start date of October 1, 2021, will open on July 3, 2021, at 12:00 a.m. Eastern Time, and close on July 5, 2021, at 11:59 p.m. Eastern Time. This three-day period is the earliest an employer may file an application for an October 1, 2021, work start date, which is the first day of the semi-annual visa allotment for the first half of Fiscal Year 2022. Employers seeking start dates of October 2, 2021, or later must comply with the timeliness requirements at 20 CFR 655.15(b).

In accordance with regulatory requirements and OFLC’s standard operating procedures, H-2B applications requesting an October 1, 2021, work start date will be denied if they are filed before July 3, 2021, at 12:00 a.m. Eastern Time.

OFLC will randomly order for assignment to analysts for review and processing all H-2B applications requesting a work start date of October 1, 2021, that are filed during the three-day filing window (July 3-5, 2021) using the randomization procedures published in the Federal Register on March 4, 2019.

May 25, 2021. The Departments of Labor and Homeland Security Publish Rule Increasing the Number of H-2B Visas Available in the Second Half of Fiscal Year 2021

The U.S. Departments of Labor and Homeland Security have published a temporary rule increasing the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of no more than 22,000 additional visas through the end of the second half of Fiscal Year (FY) 2021 to employers likely to suffer irreparable harm. The FY 2021 allocation of 22,000 visas consists of up to 16,000 visas for returning workers and up to 6,000 visas for nationals of Guatemala, El Salvador, and Honduras. The rule provides additional protections for U.S. workers, flexibility for foreign workers, and additional recruitment requirements for certain employers.

View the Temporary Rule, Exercise of Time-Limited Authority to Increase the Fiscal Year 2021 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking to Change Employers

In support of this rule, the Office of Foreign Labor Certification (OFLC) has posted the new Form ETA-9142-B-CAA-4 and the accompanying instructions. The temporary rule requires an employer to attest, among others, to the fact that it will likely suffer irreparable harm if it cannot employ the requested H-2B workers. 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 before the end of FY 2021. The attestation is also available on the Forms page of the OFLC website found at: www.dol.gov/agencies/eta/foreign-labor/forms.

May 19, 2021. OFLC Announces 60-Day Public Comment Period on Proposed Revision to the CW-1 Application for Temporary Employment Certification

The Employment and Training Administration (ETA) published a 60-day notice in the Federal Register announcing its intent to revise this information collection, by amending the Form ETA-9141C, Application for Prevailing Wage Determination, and its instructions, to make sure this form, which is specific to the CW-1 program, conforms to the information collected through the general Form ETA-9141, Application for Prevailing Wage Determination (Form ETA-9141C), which is generally used by employers in connection with prevailing wage requests for other labor certification application programs and for labor condition applications. The information collected through the Form ETA-9142C, CW-1 Application for Temporary Employment Certification (Form ETA-9142C), and its instructions, remain unchanged. The Federal Register notice informs the public of the Department’s request to seek an extension of the validity of this information collection while also revising the Form-9141C, and its instructions, and invites comments from the public for 60 days.

Written comments must be submitted in accordance with the Federal Register notice instructions. The deadline to submit comments is Monday, July 19.

May 13, 2021. The Department of Labor Announces an 18-Month Delay in Effective Date of Final Rule Affecting Wages for H-1B and PERM Workers

The Department of Labor (Department) has published a final rule delaying the effective date of the Final Rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, published on January 14, 2021, 86 FR 3608, for a period of eighteen months. This action, which includes corresponding delays to the Final Rule’s transition dates, follows an initial 60-day delay announced on March 12, 2021.

The Department’s Request for Information issued last month will inform further action on the Final Rule and/or the development of a future notice of proposed rulemaking to revise the computation of prevailing wage levels in these programs.

View the Final Rule Delaying the Effective Date to November 14, 2022

May 6, 2021. U.S. Department of Labor Publishes Proposed Rule to Amend its Regulations on the Adjudication of Temporary and Seasonal Need for Range Occupations Under the H-2A Program

The Department of Labor published a Notice of Proposed Rulemaking (NPRM) in the Federal Register that proposes to amend its regulations regarding the adjudication of temporary need for employers seeking herding or production of livestock on the range job opportunities under the H-2A program. Consistent with the court-approved settlement agreement in Hispanic Affairs Project, et al. v. Perez et al., No. 15-cv-1562 (D.D.C.), the NPRM proposes to rescind the regulation that governs the period of need for such job opportunities to ensure the Department’s adjudication of temporary or seasonal need is conducted in the same manner for all applications for temporary agricultural labor certification. Public comments on the proposal must be received by Monday, June 7, 2021. For more information, please see the link below.

View the Notice of Proposed Rulemaking

April 30, 2021. OFLC Announces a Reminder to Filers of Form ETA-9141 to Submit Their Initiated Cases Prior to May 3, 2021

The Office of Foreign Labor Certification (OFLC) will implement the new Form ETA-9141, Application for Prevailing Wage Determination, beginning May 3, 2021. As a result, any initiated cases not submitted prior to 6:00 a.m. EST on May 3, 2021 will be deleted and a new application using the revised Form ETA-9141 will need to be created. For more information, please refer to our original announcement on April 2, 2021.

OFLC is providing advance copy of the Form ETA-9141 documents that will go live on May 3, so that our stakeholders can familiarize themselves with the revised forms:

April 28, 2021. OFLC Provides Revised Form ETA-9141 Webinar Materials and Information to Stakeholders in Advance of May 3 Transition

On April 27, 2021, the Office of Foreign Labor Certification (OFLC) conducted a webinar to provide an overview on how to complete the revised Form ETA-9141, Application for Prevailing Wage Determination, in OFLC’s Foreign Labor Application Gateway case management system. The presentation materials and a recording of the webinar are now available at the hyperlinks below.

April 28, 2021. OFLC Announces 60-Day Public Comment Period on Proposed Three-Year Extension of Labor Condition Application and WH-4 Forms for the H-1B, H-1B1, and E-3 Temporary Programs

The Employment and Training Administration (ETA) published a 60-day notice in the Federal Register announcing its intent to extend the Office of Foreign Labor Certification’s Labor Condition Application (LCA) forms and the Wage and Hour Division’s WH-4 complaint form for three years. The Department proposes an extension of the LCA and WH-4 complaint forms, without changes. The information collection request includes the LCA Forms ETA-9035, ETA-9035E (electronic), ETA-9035 & 9035E Appendix A, ETA-9035CP Instructions, and the WH-4 complaint form. The Federal Register notice informs the public of the Department’s three-year extension request for the forms and invites comments from the public for 60 days.

Written comments must be submitted in accordance with the Federal Register notice instructions. The deadline to submit comments is Monday, June 28.

April 20, 2021. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q2 of Fiscal Year 2021

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

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

View the public disclosure files and corresponding record layouts containing detailed descriptions of each available data element.
View the selected program statistics containing key program information.

April 20, 2021. OFLC Releases the H-2B Foreign Labor Recruiter List for Q2 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).

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.

View the Request for Information published in the Federal Register

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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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.

View the Federal Register notice proposing to delay that effective date to November 14, 2022

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 18, 2021. OFLC Provides CW-1 Webinar Materials and Information to Stakeholders in anticipation to the 2021 Filing Season

On March 17, 2021, the Office of Foreign Labor Certification (OFLC) conducted a webinar to provide an overview on common issues the Chicago National Processing Center has identified with CW-1 Applications for Temporary Employment Certification and offer filing tips that can minimize the common application errors. The presentation materials are now available at the hyperlink below.

March 12, 2021. The Department of Labor Announces a 60-Day Delay in Effective Date of Final Rule Affecting Wages for H-1B and PERM Workers

The Department of Labor (DOL) has published a final rule delaying the effective date of the Final Rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, published on January 14, 2021, 86 FR 3608, for a period of 60 days. The Department has delayed the effective date of the final rule until May 14, 2021, in accordance with the Presidential directive as expressed in the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, entitled “Regulatory Freeze Pending Review.” This delay allows agency officials the opportunity to review any questions of fact, law, or policy.

View the Final Rule Delaying Effective Date to May 14, 2021

March 10, 2021. Office of Foreign Labor Certification Publishes Annual Update to Allowable Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including Lodging

March 4, 2021. Texas and Oklahoma Severe Weather Guidance

Please click here for guidance regarding reasonable case accommodations in light of the damage done by severe weather in Texas and Oklahoma.

March 2, 2021. OFLC Announces Number of Issued Certifications for Employers Seeking H-2B Workers With April 1, 2021, Start Dates of Need

As of March 1, 2021, OFLC has issued 3,598 H-2B Temporary Labor Certifications covering 65,832 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.

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
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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).

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.

View the public disclosure files and corresponding record layouts containing detailed descriptions of each available data element.
View the selected program statistics containing key program information

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.

View the Federal Register notice proposing to delay the effective date to May 14, 2021

January 22, 2021. OFLC Announces Plan for Reissuing Certain Prevailing Wage Determinations Issued under the Department’s Interim Final Rule of October 8, 2020; Compliance with the District Court’s Modified Order

On January 20, 2021, the U.S. District Court for the District of Columbia in Purdue University, et al. v. Scalia, et al. (No. 20-cv-3006) and Stellar IT, Inc., et al. v. Scalia, et al. (No. 20-cv-3175) issued a modified order governing the manner and schedule in which the Office of Foreign Labor Certification (OFLC) will reissue certain prevailing wage determinations (PWDs) that were issued from October 8, 2020 through December 4, 2020, under the wage methodology for the Interim Final Rule (IFR), Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, 85 FR 63872 (Oct. 8, 2020), and at the request of employers under the H-1B, H-1B1, and E-3 temporary programs and PERM labor certification program.

The Department is taking necessary steps to comply with the modified order issued by the District Court. Accordingly, OFLC will be reissuing certain PWDs issued under the Department’s IFR in two phases.

Employers that have already submitted a request in response to the December 3, 2020 announcement posted by OFLC have been issued a PWD and do not need to resubmit a second request for reissuance or take other additional action.

PHASE I: High Priority PWDs

Within 15 working days of receiving the requested list of named Purdue Plaintiffs and Associational Purdue Plaintiffs from Plaintiffs’ counsel, OFLC will reissue all PWDs that have not yet been used in the filing of a Labor Condition Application (LCA) or PERM application as of January 20, 2021, and that fall into one or more of the following categories:

PWDs issued to all named Plaintiffs in the Purdue case and members of the Associational Plaintiffs in that case;
PWDs that an employer requested to support the filing of a LCA under the H-1B, H-1B1, and E-3 visa classifications;
PWDs issued that resulted in the default wage rate of $100.00 per hour or $208,000 per year; and
PWDs issued for job opportunities in healthcare related occupations, as defined by the Standard Occupational Classification system codes 29-0000 and 31-0000 series.

OFLC will individually email each requestor’s point-of-contact identified on the Form ETA-9141, Application for Prevailing Wage Determination, who received a PWD under the IFR and who falls into one or more of the four categories described above to provide notice that OFLC will reissue the applicable PWD automatically. Once completed, OFLC will email the requestor’s point-of-contact a copy of the reissued PWD.

Finally, to provide the general public with transparency on the Department’s commitment, OFLC will make publicly available on the Foreign Labor Application Gateway (FLAG) System website, at https://flag.dol.gov/, a list of all PWDs that are eligible for Phase I with weekly updates identifying the date on which OFLC reissued the applicable PWD.

PHASE II: Emergency Situations

No later than March 2, 2021, OFLC will reissue PWDs for all the requests received under Phase II as described below.

For employers with PWDs issued under the IFR that are not eligible for Phase I, the Department is extending the deadline to request reissuance of a PWD from January 4, 2021, to February 8, 2021, only for employers attesting that they have an emergency situation necessitating reissuance of a PWD. An emergency situation includes the following circumstances:

PWDs issued in support of a labor market test conducted under the PERM program that is set to expire in the next 60 days;
PWDs issued to support the filing of a PERM application within the next 60 days to allow for extension of H-1B status or otherwise is required for a foreign worker beneficiary to be able to remain in the U.S. or maintain work authorization;
PWDs issued to support the filing of a PERM application where a child of a foreign worker beneficiary potentially will age out within one year; or
Any other PWD issued where the employer attests to having an emergent need for a reissuance not otherwise covered in this list.

OFLC will individually email each requestor’s point-of-contact identified on the Form ETA-9141 who received a PWD under the IFR and not yet requested a reissuance to alert them to the extended opportunity to request reissuance of a PWD no later than February 8, 2021. PWDs that OFLC has already reissued or those OFLC determined were used in connection with the filing of a LCA or PERM application will not receive these emails, as such PWDs are not eligible for reissuance.

Employers with emergency situations must affirmatively request reissuance of a PWD by accessing the redetermination function in their FLAG system account OR contacting the National Prevailing Wage Center (NPWC) by email at FLC.PWD@DOL.GOV, and including the words “IFR Request for Emergency Review” followed by the full case number on the Form ETA-9141 in the subject line of the email. No documentation supporting the request based on an emergency situation is needed. However, a statement from the employer or requestor’s point-of-contact attesting to an emergency situation is required.

Finally, to provide the general public with transparency on the Department’s commitment, OFLC will make publicly available on the FLAG System website, at https://flag.dol.gov/, an aggregate report, updated weekly, identifying the total reissuance requests received, total PWDs pending reissuance, and total PWDs reissued.

Additional Notes:

Employers who received an OES-based PWD under the IFR and filed a second PWD requesting use of a non-OES wage source may withdraw the second PWD application at any time and request reissuance of the initial OES-based PWD, provided the employer has an emergency situation.
PWDs issued using a wage source other than the OES are not subject to the agreement reached by the parties or the reissuance process created to comply with this agreement.
Employers are reminded that they may choose to file LCAs at any time without an NPWC-issued PWD, using approved sources such as OFLC’s online OES wage database at https://www.flcdatacenter.com/; a private wage survey; a Collective Bargaining Agreement; a Davis Bacon Act wage; or a McNamara O’Hara Service Act wage, in accordance with the regulations at 20 CFR 655.731.

To download and print a PDF copy of this announcement, please click here.

January 20, 2021. U.S. Department of Labor Withdraws Forthcoming H-2A Temporary Agricultural Program Rule for Review

On January 15, 2021, the U.S. Department of Labor (Department) announced and posted on the Office of Foreign Labor Certification’s website a forthcoming final rule, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (RIN 1205-AB89), pending publication in the Federal Register with a 30-day delayed effective date. On January 20, 2021, the Department withdrew this document from the Office of the Federal Register prior to its publication for the purpose of reviewing issues of law, fact, and policy raised by the rule, and therefore it will not take effect. The Department will notify the public of any further actions as appropriate once it completes its review.

January 20, 2021. U.S. Department of Labor Withdraws Program Bulletin Announcing Revised Interpretation and New Guidance under the H-1B Visa Program for Review

On January 15, 2021, the U.S. Department of Labor (Department) issued an Office of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour Division Field Assistance Bulletin (FAB) revising its interpretation of its regulations concerning which employers of H-1B workers must file Labor Condition Applications. The Department simultaneously submitted a Notice for publication in the Federal Register announcing and requesting public comments on this interpretation. On January 20, 2021, the Department withdrew its Notice from the Office of the Federal Register prior to its publication, and is now withdrawing the Bulletin and FAB for the purpose of considering the process for issuing this interpretation as well as reviewing related issues of law, fact, and policy. Accordingly, the requirements of the Bulletin and FAB are no longer in effect. The Department will notify the public of any further actions as appropriate once it completes its review.

January 15, 2021. OFLC Announces Updates to Implementation of the H-2A Adverse Effect Wage Rate Methodology for Non-Range Occupations Final Rule; Compliance with District Court Order

On December 23, 2020, the U.S. District Court for the Eastern District of California issued an order in United Farm Workers, et al. v. DOL, et al., No. 20-cv-01690, enjoining the Department of Labor (Department) from implementing its 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 ordering 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).

On January 12, 2021, the court issued a supplemental order requiring the Department to publish the adverse effect wage rates (AEWR) for 2021 in the Federal Register on or before February 25, 2021, using the methodology set forth in the 2010 rule, and to make those AEWRs effective upon their publication. Additionally, the court ordered the Department to notify all state workforce agencies (SWAs), employers, and the general public that the AEWRs in effect on December 20, 2020, will remain in effect during the interim period until the Department publishes 2021 AEWRs in the Federal Register.

Accordingly, all H-2A job orders filed on or after December 21, 2020, with SWAs serving the area of intended employment, as set forth in 20 CFR 655.121, including job orders filed concurrently with an Application for Temporary Employment Certification with the OFLC National Processing Center for emergency situations under 20 CFR 655.134, must continue to use the AEWRs in effect on December 20, 2020, until the publication of new AEWRs in the Federal Register.

Additionally, the court reserved decision on whether an award of backpay is warranted based on the difference, if any, between the 2020 AEWRs and the final 2021 AEWRs. Accordingly, the court ordered the Department to provide notice to all employers who submit job orders and applications under the H-2A program between December 21, 2020, and the publication of 2021 AEWRs in the Federal Register, that affected H-2A workers may have a potential claim for backpay. Accordingly, and as part of their regulatory obligations to maintain accurate and adequate earnings records (see 20 CFR 655.122(j)), the Department reminds employers to record the names and permanent home addresses of all H-2A workers who may later be entitled to backpay, and make reasonable efforts to ensure that such information for each worker remains current. The Department will provide here a further notice if and when the court issues a ruling regarding potential backpay.

January 14, 2021. U.S. Department of Labor Published a Final Rule Updating Regulations for Wages Paid to Certain Immigrant and Nonimmigrant Foreign Workers and Better Protect the Wages and Job Opportunities of United States Workers

The U.S. Department of Labor published a Final Rule in the Federal Register that will help America’s workers remain competitive by reforming the prevailing wage methodology for several foreign worker programs. This Final Rule will be effective on March 15, 2021. However, filers will not be required to use the prevailing wage methodology under this Final Rule until July 1, 2021.

January 7, 2021. OFLC Publishes List of Randomized H-2B Applications Submitted January 1-3 for Employers Seeking H-2B Workers Starting April 1, 2021

Following the randomization procedures published in the Federal Register on March 4, 2019, OFLC completed the randomization process on January 5 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. Four additional Assignment Groups (Groups B-E) were created for the remaining applications, each of which includes no more than 20,000 worker positions.

On January 5, 2021, 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).

View the Assignment Groups for H-2B Applications Submitted January 1-3, 2021

January 5, 2021. OFLC Conducts Randomization Process on H-2B Applications Submitted Requesting an April 1, 2021, Work Start Date

The Office of Foreign Labor Certification has completed the randomization process to randomly assign all H-2B applications submitted during the initial three-day filing window, January 1-3, 2021, requesting an April 1, 2021, work start date for the second half of the Fiscal Year 2021 H-2B statutory visa cap.

OFLC received a total of 5,377 H-2B applications requesting 96,641 worker positions during this filing period.

OFLC will be providing written notification to employers (and the employer's authorized attorney or agent) with their H-2B Assignment Group. On January 7, 2021, OFLC will also publish on its website the list of the H-2B applications assigned to each Assignment Group.

Calendar Year 2020

December 24, 2020. OFLC Announces Updates to Implementation of the H-2A Adverse Effect Wage Rate Methodology for Non-Range Occupations Final Rule; Compliance with District Court Order

On December 23, 2020, the U.S. District Court for the Eastern District of California issued an order in United Farm Workers, et al. v. DOL, et al., No. 20-cv-01690, enjoining the Department of Labor from implementing the Final Rule, Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States (H-2A AEWR FR), 85 FR 70445 (Nov. 5, 2020). The court’s order prevents the Department from further implementing the H-2A AEWR FR, which took effect on December 21, 2020, and ordered the Department to use the methodology established by the Department’s 2010 H-2A regulation to establish the hourly AEWRs for all non-range occupations.

Effective immediately, and until further notice, H-2A job orders filed with the State Workforce Agency serving the area of intended employment, as set forth in 20 CFR 655.121, on or after December 21, 2020, including job orders filed concurrently with an Application for Temporary Employment Certification to the OFLC National Processing Center for emergency situations under 20 CFR 655.134, must use the AEWRs in effect on December 20, 2020.

December 16, 2020. OFLC Announces H-2B Application Filing Timelines for 2021 Peak Filing Season

The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting work start dates of April 1, 2021, or later, will open on January 1, 2021, at 12:00 a.m. Eastern Time.

Following OFLC’s standard operating procedures, H-2B applications requesting an April 1, 2021, work start date will be denied if they are filed before January 1, 2021, at 12:00 a.m. Eastern Time.

OFLC will randomly order for processing all H-2B applications requesting a work start date of April 1, 2021, that are filed during the initial three calendar days (January 1-3, 2021) using the randomization procedures published in the Federal Register on March 4, 2019. Each day, from January 2, 2021 through January 4, 2021, OFLC will publish on the Foreign Labor Application Gateway System website the number of H-2B applications it has received to date and the total number of requested worker positions on those applications.

December 15, 2020. The Department of Labor Publishes New 2021 H-2A Monthly Adverse Effect Wage Rate (AEWR) for Herding or Production of Livestock on the Range

The Department of Labor (DOL) has published a notice in the Federal Register announcing the new AEWR for herding or production of livestock on the range for the H-2A Program. The AEWR is the minimum wage rate DOL has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment, so that the wages of similarly employed U.S. workers will not be adversely affected. The notice announces the new national monthly AEWR for herding or production of livestock on the range.

December 10, 2020. OFLC Provides H-2B Webinar Materials and Information to Stakeholders for the 2021 Peak Filing Season

On December 9, 2020, the Office of Foreign Labor Certification (OFLC) conducted a webinar to update stakeholders on the process for filing H-2B applications requesting a work start date of April 1, 2021, or later.

View the H-2B FY 2020 Best Practices Presentation

IMPORTANT REMINDER: Employers are reminded that they should file only one application for the same job opportunity. With limited exception, under 20 CFR 655.15(f), only one Application for Temporary Employment Certification (Form ETA-9142B and appendices) may be filed for worksite(s) within one area of intended employment for each job opportunity with an employer for each period of employment.

OFLC will review and process only the application that is filed first, according to its timestamp. If OFLC identifies multiple applications that appear to have been filed for the same job opportunity, OFLC will consider the first application filed in timestamp order - irrespective of randomization group assignments - as the official application submitted by (or on behalf of) the employer. OFLC will issue a Notice of Deficiency on the first application reviewed (i.e., the application that is randomized closest to the top of the processing order) to require the employer to establish a bona fide need for all potentially duplicative applications. Employers that fail to establish a bona fide need for each of the applications will receive a non-acceptance denial for each application identified as a duplicate and received after the application that was filed first.

Any necessary corrections or amendments should be made to the first application filed. For further information on requesting a correction or amendment of an H-2B application before a final determination is issued, please refer to H-2B Frequently Asked Questions Round 11, regardless of any H-2B visa cap administered by USCIS.

December 3, 2020. OFLC Announces Updates to Implementation of the Wage Protections Interim Final Rule; Compliance with District Court Orders

On December 1, 2020, the U.S. District Court for the Northern District of California issued an order in Chamber of Commerce, et al. v. DHS, et al., No. 20-cv-7331, finding that the U.S. Department of Labor (the Department) failed to show it had good cause to forgo advance notice and comment under the Administrative Procedure Act for the Interim Final Rule (IFR), Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, 85 FR 63872 (Oct. 8, 2020). The court’s order sets aside the IFR, which took effect on October 8, 2020 and implemented reforms to the prevailing wage methodology for the Permanent Employment Certification, H-1B, H-1B1, and E-3 visa programs. Similarly, on December 3, 2020, the U.S. District Court for the District of New Jersey issued a preliminary injunction in ITServe Alliance, Inc., et al. v. Scalia, et al., No. 20-cv-14604, applying to the plaintiffs in that case.

The Department is taking necessary steps to comply with the courts’ orders, including making required technical changes to the Foreign Labor Application Gateway (FLAG) system, in a manner that minimizes service disruptions for customers and OFLC staff. Specifically, the Department must make changes to the FLAG system modules to replace the 10/8/2020-6/30/2021 wage source year data that was implemented under the IFR with the OES prevailing wage data that was in effect on October 7, 2020. To reduce the risk of unintended system problems or errors while this occurs, employers and their authorized attorneys or agents may experience a brief delay in their ability to use the FLAG system to submit new Labor Condition Applications for Nonimmigrant Workers (LCAs), Form ETA-9035/9035E, and receive determinations on Applications for Prevailing Wage Determination, Form ETA-9141, where the Occupational Employment Statistics (OES) survey data is the prevailing wage source.

Implementation Timeframe for Technical Changes to FLC Online Data Center

The OES prevailing wage data for each SOC and area of intended employment that was in effect on October 7, 2020 (i.e., data for 7/1/2020-10/7/2020) has remained publicly accessible at https://www.flcdatacenter.com/.
To limit any confusion for stakeholders, beginning at approximately 12:00PM (Noon) Eastern Time on December 4, 2020, this data source will be updated at https://www.flcdatacenter.com/ to reflect the correct prevailing wage data for each SOC and area of intended employment through June 30, 2021.

Implementation Timeframe for Filing LCAs

All Form ETA-9035/9035Es submitted using the FLAG system through 5:59AM Eastern Time on December 4, 2020, where the OES survey data is the prevailing wage source, will continue to be processed and issued a final determination without delay.
Beginning around 6:00AM Eastern Time on December 4, 2020, the FLAG system will be temporarily unavailable to deploy necessary code changes to temporarily disable the OES prevailing wage calculator, which uses the 10/8/2020-6/30/2021 wage source year data to prepare Form ETA-9035/9035Es.
Around 8:30AM Eastern Time on December 4, 2020, the FLAG system will be back online; however, employers and their authorized attorneys or agents will temporarily not be able to submit applications for processing where OES survey data is the prevailing wage source.
Beginning around 8:30AM Eastern Time on December 9, 2020, employers and their authorized attorneys or agents will be able to submit new LCAs, Form ETA-9035/9035E, using the OES survey data that was in effect on October 7, 2020.

Implementation Timeframe for Processing Prevailing Wage Determinations

OFLC’s National Prevailing Wage Center (NPWC) has temporarily paused processing pending Form ETA-9141s for use in filing LCA and PERM applications. However, employers and their authorized attorneys or agents may continue to file new requests for a prevailing wage determination at any time.
Beginning around 8:30AM Eastern Time on December 15, 2020, OFLC’s NPWC will resume processing all pending and new Form ETA-9141s for use in filing LCA and PERM applications, and will use the OES survey data that was in effect on October 7, 2020 for prevailing wage determinations where the OES survey data is the prevailing wage source.

Opportunity to Request NPWC Review of a PWD Issued Under the IFR

Any employer desiring review of a PWD issued using the 10/8/2020-6/30/2021 wage source year data that was implemented under the IFR may make a request for review by the NPWC Director under 20 CFR 656.41 on or before January 4, 2021, and the Director will consider such request timely under 20 CFR 656.41(a).

Please use one of the following methods to submit a timely request for NPWC Director review:

Online (preferred):

Please access your Foreign Labor Application Gateway (FLAG) System account to request review of a prevailing wage determination issued by the NPWC Director. In the Historical Cases table, search for the case number, then open the case details. In the Actions tab, select Request Redetermination. You will be prompted to add a case note and may upload a document if needed. Upon submission, your request will be routed to an analyst for review. You will receive an email confirmation that your request submitted successfully.

Email:

FLC.PWD@dol.gov

In the email subject line, please include the phrase “IFR Request for Review” followed by the full case number on the Form ETA-9141.

Mail:

Employment and Training Administration
Office of Foreign Labor Certification
National Prevailing Wage Center
200 Constitution Ave NW
Room N-5311
Washington, DC 20210

Attn: IFR Request for Review

Please include either the full case number in the cover letter of the request for NPWC Director review or a hard copy of the Form ETA-9141 issued under the IFR methodology.

November 23, 2020. OFLC Announces Webinar on December 9, 2020, to Update Stakeholders on the Process for Filing H-2B Applications With a Start Date of April 1, 2021, or Later

Regulatory timeframes for filing applications with a start date of need of April 1, 2021, or later;
Procedures OFLC uses to randomly select H-2B applications for review and processing; and
Actions the Department is taking to prepare the Foreign Labor Application Gateway (FLAG) System to support the submission of applications beginning January 1, 2021.

Details of the webinars are as follows:

Date: December 9, 2020
Start Time: 2:30 EST
Link: https://usdol.webex.com/usdol/j.php?MTID=m7935686fca176037f113697ee0501664
Meeting password: hfGmm4EkT36
Call-in information: *Due to the size of the call, please use the following toll-free number for audio:

Conference Number: 800-779-2595
Participant Passcode: 7995398

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

November 19, 2020. OFLC Posts New Adverse Effect Wage Rates Webpage

On November 5, 2020, the Department of Labor (Department) published a final rule updating the methodology for determining hourly Adverse Effect Wage Rates (AEWR) for non-range agricultural occupations in the H-2A visa program. See 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) (“2020 AEWR Final Rule”). The AEWR is the minimum wage rate the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment to ensure that the employment of H-2A workers does not adversely affect the wages of agricultural workers in the U.S. Beginning on December 21, 2020, H-2A job orders submitted for non-range occupations must comply with the new methodology.

The Office of Foreign Labor Certification (OFLC) has created a new webpage that consolidates AEWR information for the H-2A program. This webpage contains the monthly AEWR for range occupations, as well as the hourly AEWRs for non-range occupations. The hourly AEWRs for non-range occupations on the new webpage will apply to H-2A job orders submitted on or after December 21, 2020, when the 2020 AEWR Final Rule becomes effective. During the transition to the new methodology, OFLC will also maintain a separate webpage that displays the hourly AEWRs in effect for job orders submitted before December 21, 2020.

November 18, 2020. OFLC Releases the H-2B Foreign Labor Recruiter List for Fiscal Year 2020

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).

November 18, 2020. OFLC Releases Public Disclosure Data and Selected Program Statistics for Fiscal Year 2020

The public disclosure files include all final determinations OFLC issued for these programs during the October 1, 2019, through September 30, 2020, reporting period of fiscal year 2020.

OFLC has also released selected program statistics for the fourth quarter of fiscal year 2020 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

View the public disclosure files and corresponding record layouts containing detailed descriptions of each available data element.
View the selected program statistics containing key program information.

November 2, 2020. U.S. Department of Labor Issues Final Rule to Update Adverse Effect Wage Rate Methodology To Protect American Workers and Help American Farmers

The U.S. Department of Labor today announced a final rule that updates the methodology for determining the annual Adverse Effect Wage Rates (AEWRs) in the H-2A visa program.

The AEWR is a minimum wage rate that provides a floor below which the wages of agricultural workers cannot be negotiated. Requiring employers to pay the AEWR when it is the highest applicable wage is the primary way the Department meets its statutory obligation to certify that the employment of foreign workers will not adversely affect workers in the United States similarly employed. The new rule improves the consistency of the AEWRs, provides stronger protections for workers, and establishes better stability and predictability for employers in complying with their wage obligations.

For the vast majority of agricultural jobs, the rule uses the average hourly wages for field and livestock workers (combined), as reported by the U.S. Department of Agriculture’s Farm Labor Survey published in November 2019, as the AEWRs for field and livestock worker occupations through calendar year 2022. Beginning in 2023, and annually thereafter, the Department will adjust these AEWRs by the percentage change in the Bureau of Labor Statistics’ (BLS) Employment Cost Index for wages and salaries for the preceding 12-month period.

For all other agricultural jobs, the Department will set and annually adjust the AEWRs using the average hourly wages for the occupational classification reported by the BLS Occupational Employment Statistics (OES) Survey program. These agricultural jobs are often supervisory or higher skilled/uniquely skilled, such as construction jobs, which pay higher wages than typical farming occupations. Using the OES survey to establish AEWRs for these higher-skilled jobs will allow the Department to consistently establish occupation-specific AEWRs that better reflect the wages paid for such jobs and better protect against adverse effect on similarly employed United States workers.

The changes implemented in this rule also address stakeholder concerns about the potential for significant and unpredictable wage changes from year-to-year associated with the Department’s prior AEWR methodology, while ensuring better wage protections for United States workers similarly employed in higher-skilled agricultural jobs. More predictable wage adjustments in the H-2A program will help American farmers plan and budget for their workforce needs, and ensure that wages in the H-2A program keep pace with steadily increasing wages in the wider economy. By taking this action, the Department is protecting U.S. workers and helping farmers keep food on America’s tables.

The Department intends to issue a second final rule to finalize the remainder of the July 29, 2019, proposed rule that will govern other aspects of the certification of agricultural labor or services performed by H-2A workers, and enforcement of the contractual obligations applicable to employers of such nonimmigrant workers.

A copy of the final rule is available on the Office of Foreign Labor Certification’s (OFLC) website. The final rule will publish in the Federal Register at a later date.

View the final rule to be published in the Federal Register

Although the Office of the Federal Register may make minor technical edits to the version of the final rule posted with today’s announcement, the substance of the final rule will remain the same. The version to be published in the Federal Register will be the official version that amends the current regulations.

OFLC has also prepared Frequently Asked Questions (FAQ) to help stakeholders better understand the H-2A AEWR final rule:

View the FAQs on the H-2A AEWR final rule

October 29, 2020. OFLC Releases Round 2 of Frequently Asked Questions for the Wage Protections Interim Final Rule

The Office of Foreign Labor Certification (OFLC) has released Round 2 of frequently asked questions (FAQs) addressing issues related to the wage protections interim final rule.

View the Round 2 FAQs regarding the wage protections interim final rule

October 6, 2020. U.S. Department of Labor Updates Regulations for Wages Paid to Certain Immigrant and Nonimmigrant Foreign Workers and Better Protect the Wages and Job Opportunities of United States Workers

The U.S. Department of Labor announced an Interim Final Rule (IFR) that will help America’s workers remain competitive by reforming the prevailing wage methodology for several foreign worker programs.

After a significant review of the Permanent Employment Certification, H-1B, H-1B1, and E-3 visa programs, the Department has determined that the existing wage structure leads to potential abuses of these programs that can cause wage deflation and stagnation for U.S. workers.

The IFR will improve the accuracy of prevailing wages and more effectively protect the recruitment and wages of America’s workers by eliminating any economic incentive or advantage in hiring foreign workers on a permanent or temporary basis in the U.S.

The IFR amends the Department’s regulations governing certain labor certifications at 20 CFR Parts 655 and 656, to incorporate changes to the methodology for computing prevailing wage levels under the Department’s four-tiered wage structure. The Department believes these changes to the wage structure based on the Occupational Employment Statistics (OES) wage survey administered by the Bureau of Labor Statistics better reflect the actual wages earned by U.S. workers similarly employed to foreign workers. The IFR does not change OFLC’s standard procedures for reviewing employers’ job opportunities and determining prevailing wage levels for the assigned Standard Occupational Classification (SOC) code.

On October 6, 2020, the Department’s IFR, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, will be placed on public inspection at the Federal Register. In advance of the IFR’s publication in the Federal Register, a copy of the IFR submitted to the Office of the Federal Register (OFR) is also available on the Office of Foreign Labor Certification’s (OFLC) website.

View the Interim Final Rule submitted to OFR for publication in the Federal Register.

The Department expects the IFR will be published, with an immediate effective date, in the Federal Register on October 8, 2020. The Department will be accepting public comments on the IFR for 30 days from the date of publication in the Federal Register.

Although the OFR may make minor technical edits to the version of the IFR posted with today’s announcement, the substance of the IFR will remain the same. The version to be published in the Federal Register will be the official version that amends the current regulations.

OFLC has prepared Frequently Asked Questions to help stakeholders better understand the Wage Protections IFR.

View the Frequently Asked Questions on the Wage Protections IFR

Effect of the Interim Final Rule:

The IFR will only apply to the following:

An Application for Prevailing Wage Determination, Form ETA-9141, pending with OFLC's National Prevailing Wage Center (NPWC) as of the effective date of the regulation;
An Application for Prevailing Wage Determination, Form ETA-9141, filed with the NPWC on or after the effective date of the regulation; and
A Labor Condition Application for Nonimmigrant Workers (LCA), Form ETA-9035/9035E, filed with OFLC on or after the effective date of the regulation where the OES survey data is the prevailing wage source, and where the employer did not obtain the prevailing wage determination from the NPWC prior to the effective date of the regulation.

Implementation Schedule:

On October 8, 2020, employers and their authorized attorneys or agents will be able to:
- Access revised OES prevailing wage data for each SOC and area of intended employment at https://www.flcdatacenter.com/;
- Use the Foreign Labor Application Gateway (FLAG) system to submit LCAs at https://flag.dol.gov/; and
- Continue to submit requests for prevailing wage determinations using the FLAG system.
On October 13, 2020, the NPWC will begin issuing prevailing wage determinations using the revised OES prevailing wage data computed for the Interim Final Rule. This brief delay in issuing wage determinations is necessary to complete the required technical changes to the FLAG system's internal prevailing wage determination module and reduce the risk of unintended system problems or errors that may impact customers and OFLC staff.
OFLC will continue to issue non-OES based prevailing wages (e.g. employer-provided surveys or collective bargaining agreements) without delay.

September 30, 2020. OFLC Publishes Updated Wage Data for the Commonwealth of Northern Mariana Islands.

The Office of Foreign Labor Certification (OFLC) received an updated wage survey from the Governor of the Commonwealth of Northern Mariana Islands (CNMI) for the CW-1 program. OFLC has approved the Governor’s survey for 402 occupations and will issue updated CW-1 prevailing wages using this data from September 30, 2020, through June 30, 2021. The updated wage table includes prevailing wage data for a total of 820 occupations.

View the Updated CW-1 Wage Table for September 30, 2020, through June 30, 2021

September 25, 2020. OFLC Announces Permanent Issuance of Electronic PERM Labor Certifications

The Office of Foreign Labor Certification (OFLC) announced that it is permanently adopting the electronic issuance of PERM labor certifications to employers (and their authorized attorneys or agents).

On March 24, 2020, OFLC announced that—due to the impact of the COVID-19 pandemic—that it would electronically issue PERM labor certifications to employers (and their authorized attorneys or agents) through June 30, 2020. On June 16, 2020, OFLC announced that it was extending the period during which it would electronically issue PERM labor certifications through September 30, 2020.

On July 30, 2020, the Department of Labor (Department) signed a memorandum of agreement (MOA) with the Department of Homeland Security (DHS). Among other things, the MOA provides DHS access to all applications for permanent labor certification submitted to OFLC through the PERM online system, including the ability to verify that a PERM application has been certified. The enhanced information sharing and collaboration under the MOA also eliminates the need for duplicate certification requests and increases the integrity of the PERM program by supporting efforts to combat instances of fraud and abuse in connection with labor certification and employment-based immigrant and non-immigrant programs.

DHS regulations require that—in order to file a USCIS Form I-140, Immigrant Petition for Alien Workers (Form I-140), with U.S. Citizenship and Immigration Services (USCIS)—employers must concurrently submit an original labor certification issued by the Department, unless the original labor certification was already provided to USCIS in support of a different petition.

When a permanent labor certification was granted in the past, OFLC would send the original certified ETA Form 9089, Application for Permanent Employment Certification, and a Final Determination letter on "security paper" to the employer (or their authorized attorney/agent). To be valid, a certified ETA Form 9089 must contain the following completed sections:

Section O - Signed and dated by the OFLC Certifying Officer;
Section L - Signed and dated by the foreign worker;
Section M - Signed and dated by the form preparer, if applicable; and
Section N - Signed and dated by the employer; and
Footer on each page identifying the validity period of the certification.

The employer (or their authorized attorney/agent) then would submit the original signed paper ETA Form 9089, along with the USCIS Form I-140 and all other supporting documentation and appropriate fees, to USCIS.

As of March 24, 2020, employers (or their authorized attorney/agent) who file a PERM application and are granted a permanent labor certification by OFLC have received the certified ETA Form 9089 and Final Determination letter by email. In circumstances where employers (or their authorized attorneys or agents) submit the application for permanent labor certification by mail and are not able to receive the certified ETA Form 9089 documents by email, OFLC has and will continue to send the original security paper ETA Form 9089 and Final Determination letter by mail. At this time, OFLC expects to continue using UPS regular delivery to send the documents (i.e., approximately 2 to 8 days depending on delivery location).

Before filing a Form I-140 with USCIS, the electronic copy of the certified ETA Form 9089 that is provided by OFLC via email, must be printed, and signed and dated in the appropriate sections by the:

Foreign worker;
Preparer (if applicable); and
Employer.

Important Reminder: To ensure receipt of electronic permanent labor certification documents and all other correspondence from the Atlanta National Processing Center, OFLC reminds stakeholders to add plc.atlanta@dol.gov to their address book or "safe list" within email system(s) to avoid being filtered as spam.

August 28, 2020. OFLC Releases corrected LCA and Prevailing Wage Public Disclosure Data for the Third Quarter of Fiscal Year 2020

The Office of Foreign Labor Certification (OFLC) has released a corrected version of the following public disclosure data files for the third quarter of Fiscal Year 2020:

The public disclosure files include all final determinations OFLC issued for these programs during the October, 1, 2019, through June 30, 2020, reporting period of FY 2020.

Earlier this month, an error was discovered in the PW_Disclosure Data FY 2020 Q3.xlsx file in which the PRIMARY_WORKSITE_COUNTY column was not populating for all records. This has been corrected.

The H-1B H-1B1 E-3 FY2020 Q3.xlsx file contained an error in which some records for which the CASE_STATUS column indicated “Certified – Withdrawn” should have indicated a status of “Withdrawn”. This too has been corrected.

August 12, 2020. Department of State Determination on National Interest Exceptions to Presidential Proclamation 10052 as it Relates to H-1B, H-2B, L-1A, L-1B, and Certain J-1 Visa Programs

On August 11, 2020, the Assistant Secretary of Consular Affairs for the U.S. Department of State (DOS), in consultation with the Secretaries of Labor and Homeland Security, determined additional types of travel that may qualify for a national interest exception to Presidential Proclamation 10052 for H-1B, H-2B, L-1A, L-1B and certain J-1 visa programs. The announcement regarding this determination can be accessed here. The announcement updates a notice from July 30, 2020, and discusses expanded categories of visa applicants who may qualify for a national interest exception to Presidential Proclamation 10052.

Stakeholders are reminded that U.S. embassies and consulates may only be able to offer limited visa services due to the COVID-19 pandemic. Prospective visa applicants should visit the website for the embassy or consulate where they intend to apply for a visa to get updates on current operating status.

July 30, 2020. OFLC Publishes Minor Correction to Federal Register Notice Regarding 60-Day Public Comment Period on Proposed Revisions to Permanent Labor Certification Program Forms

On July 20, 2020, the Office of Foreign Labor Certification (OFLC) published a Federal Register notice announcing its intent to revise application forms, instructions, and other information collected under the permanent labor certification program.

The Federal Register notice published on July 20, 2020, incorrectly stated that the OMB Control Number for Forms ETA-750A, Application for Alien Employment Certification - Offer of Employment, and ETA-750B, Application for Alien Employment Certification - Statement of Qualifications of Alien, is 1205-0515.

The Federal Register notice published today corrects the OMB Control Number for Forms ETA-750A and ETA-750B to 1205-0015.

Written comments must be submitted following the instructions in the Federal Register notice published on July 20, 2020. The deadline to submit comments is September 18, 2020.

View the Federal Register notice correction

July 29, 2020. OFLC Announces Transition Date to New Website Domain

As announced on June 3, 2020, the Office of Foreign Labor Certification's website will be migrating to a new web domain.

The Foreign Labor Certification website is scheduled to become part of the main Department of Labor website at www.dol.gov/agencies/eta/foreign-labor on August 3, 2020. As part of the transition, the visual display on OFLC's website will change, but the information provided on each of these pages will remain the same.

Users who try to access OFLC website pages and file at their current URL will be automatically redirected to the new location and should encounter no service disruptions. After the transition, we encourage users to update their bookmarks and documentation with the new URLs to ensure that they can continue to access information on OFLC's website.

July 20, 2020. OFLC Announces 60-Day Public Comment Period on Proposed Revisions to Permanent Labor Certification Program Forms

The U.S. Department of Labor published a Federal Register notice announcing its intent to revise application forms, instructions, and other information collected under the Permanent labor certification (PERM) program.

The proposed revision better aligns information collection requirements with the Department’s PERM regulation, provides greater clarity to employers on regulatory requirements, standardizes and streamlines information collection for employers preparing PERM applications, and promotes greater efficiency and transparency in OFLC's review and issuance of labor certification decisions.

Written comments must be submitted in accordance with the instructions in the Federal Register notice. The deadline to submit comments is September 18, 2020.

July 15, 2020. OFLC Releases Fiscal Year 2020 Q3 Foreign Labor Recruiter List

The Office of Foreign Labor Certification (OFLC) is publishing 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 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 Form ETA-9142B, H-2B Application for Temporary Employment Certification. The H-2B Foreign Labor Recruiter List includes cases filed from October 1, 2019, through June 30, 2020. This information is also available in Form ETA-9142B, Appendix C, which presents foreign recruiter information sorted by H-2B case number.

In order to view the Foreign Labor Recruiting list, please visit the Foreign Labor Recruiting List web page

July 15, 2020. OFLC Releases Public Disclosure Data and Selected Program Statistics for the Third Quarter of Fiscal Year 2020

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2020) drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, 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, 2019, through June 30, 2020, reporting period of FY 2020.

OFLC has also released Q3 selected program statistics for fiscal year 2020 for the PERM, H-1B, H-1B1, E-3, H-2A, H-2B, CW-1, and Prevailing Wage programs.

View the public disclosure files and corresponding record layouts containing detailed descriptions of each available data element.
View the selected program statistics containing key program information.

July 13, 2020. OFLC Publishes List of Randomized H-2B Applications Submitted July 3-5 for Employers Seeking H-2B Workers Starting October 1, 2020

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 685 H-2B applications covering 16,609 worker positions with the start date of work of October 1, 2020. Since the number of the H-2B applications received during the initial three-day period collectively requested fewer worker positions for certification than the statutory numerical limitation, all H-2B applications filed within that time period and requesting workers for the earliest possible start date of work were randomly given a unique number and placed into the same group for assignment.

View the List of Randomized H-2B Applications Submitted July 3-5, 2020

July 6, 2020. OFLC Conducts Randomization Process on H-2B Applications Requesting an October 1, 2020, Work Start Date

The Office of Foreign Labor Certification has completed the procedures to randomly assign all H-2B applications submitted during the initial three-day filing window, July 3-5, 2020, requesting an October 1, 2020, work start date for the first half of the Fiscal Year 2021 H-2B statutory visa cap.

OFLC received a total of 685 H-2B applications in the Foreign Labor Application Gateway System requesting 16,609 worker positions during this filing period.

Since the number of the H-2B applications received during the initial three-day period collectively requested fewer worker positions for certification than the statutory numerical limitation, all H–2B applications filed within that time period and requesting workers for the earliest possible start date of work were randomly given a unique number and placed into the same group for assignment.

July 2, 2020. OFLC Issues Technical Release Notes for the Occupational Employment Statistics Wage Data Update for Wage Year July 2020

The Office of Foreign Labor Certification (OFLC) has published the latest prevailing wage data from the Occupational Employment Survey as generated by the Bureau of Labor Statistics (BLS) for July 2020 through June 2021. These updates include:

Geographic Changes: The Occupational Employment Statistics (OES) program added the Twins Fall, Idaho, metropolitan statistical area. OFLC also has wage data available for New Shoreham, Rhode Island.

View BLS information about the May 2019 Metropolitan and Nonmetropolitan Area definitions

American Competitiveness and Workforce Improvement Act (ACWIA) - Education Industry Database: Updates with wages for additional ACWIA occupations are now available.

View the OES ACWIA wage data for additional occupations

Explanation of OES 2019 Hybrid Structure: On June 23, 2020, OFLC published Round 2 of frequently asked questions explaining that OFLC will continue using the 2010 SOC occupations for the July 2020 wage year. OFLC will apply the OES 2019 Hybrid Structure wage estimates generated by BLS for these 2010 SOC occupations.

June 26, 2020. H-2B Application Filing Timelines for Employers Seeking H-2B Workers for an October 1, 2020 Start Date

The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting work start dates of October 1, 2020, or later, will open on July 3, 2020, at 12:00 a.m. Eastern Time.

Following OFLC's standard operating procedures, H-2B applications requesting an October 1, 2020, work start date will be denied if they are filed before July 3, 2020, at 12:00 a.m. Eastern Time. OFLC will randomly order for processing all H-2B applications requesting a work start date of October 1, 2020, that are filed during the initial three calendar days (July 3-5, 2020) using the randomization procedures published in the Federal Register on March 4, 2019.

IMPORTANT REMINDER: Employers are reminded that Foreign Labor Application Gateway (FLAG) System user accounts are solely for the use of the individual for whom they were created. Sharing the same user account is forbidden and is grounds for terminating FLAG access. Passwords or any other authentication mechanism should never be shared or stored in any place easily accessible. If stored, a password may not be stored in a clear-text or readable format.

June 16, 2020. OFLC Announces Extension of Issuance of Electronic PERM Labor Certifications Through September 30, 2020

On March 24, 2020, the Office of Foreign Labor Certification (OFLC) informed stakeholders that the Atlanta National Processing Center (NPC) will issue PERM labor certification documents electronically to employers (and their authorized attorneys or agents) through June 30, 2020. Due to the ongoing impact of the COVID-19 pandemic, OFLC is extending the period during which the Atlanta NPC will issue PERM labor certification documents electronically to employers (and their authorized attorneys or agents) through September 30, 2020.

U.S. Department of Homeland Security (DHS) regulations require that—in order to file a USCIS Form I-140, Immigrant Petition for Alien Workers, with U.S. Citizenship and Immigration Services (USCIS), for certain employment—based immigrant visas-employers must concurrently submit an original labor certification issued by the U.S. Department of Labor (DOL), unless the original labor certification was already provided to USCIS in support of a different petition.

Normally, when a permanent labor certification is granted, OFLC sends an original certified ETA Form 9089, Application for Permanent Employment Certification, and a Final Determination letter on security paper to the employer (or the employer's authorized attorney or agent who submitted the application). To be valid, the certified ETA Form 9089 contains a completed:

Section O – Signed and dated by the OFLC Certifying Officer;
Section L – Signed and dated by the foreign worker;
Section M – Signed and dated by the form preparer, if applicable; and
Section N – Signed and dated by the employer; and
Footer on each page identifying the validity period of the certification.

The employer (or its authorized agent or attorney) then submits the original, signed paper ETA Form 9089, along with the USCIS Form I-140 and all other supporting documentation and appropriate fees, to USCIS.

Through September 30, 2020, employers (or their authorized attorneys/agents) who file the application and are granted a permanent labor certification by OFLC will receive the certified ETA Form 9089 and Final Determination letter by email. In circumstances where employers (or their authorized attorneys or agents) are not able to receive the certified ETA Form 9089 documents by email, OFLC will send the original security paper ETA Form 9089 and Final Determination letter using UPS regular delivery (i.e., approximately 2 to 8 days depending on delivery location).

Before filing Form I-140 with USCIS, the electronic copy of the certified ETA Form 9089 must be printed, and then signed and dated by the:

Foreign worker;
Preparer (if applicable); and
Employer.

USCIS may consider this printed Form ETA-9089, containing all signatures, as satisfying the requirement that petitioners provide evidence of an original labor certification issued by DOL.

Important Reminder: To ensure proper receipt of electronic permanent labor certification documents and all other correspondence from the Atlanta NPC, OFLC reminds stakeholders to add plc.atlanta@dol.gov to their address book or "safe list" within email system(s) to avoid being filtered as spam.

June 3, 2020. OFLC Announces Migration of Website to New Domain

Please be advised that the Office of Foreign Labor Certification (OFLC) is in the process of migrating our website from https://www.foreignlaborcert.doleta.gov/ to https://www.dol.gov/agencies/eta/foreign-labor.

We expect the new website to go live in mid-July, following the July H-2B peak filing period .

The changes will offer a new design and layout as part of the U.S. Department of Labor's OneWeb@DOL initiative. The design changes include enhancements for users on mobile devices and accessibility for individuals with disabilities.

Once the new website is launched, the old URLs for webpages and files on https://www.foreignlaborcert.doleta.gov/ will be redirected to the corresponding links at https://www.dol.gov/agencies/eta/foreign-labor-certification . Users with bookmarked webpages or who use a search engine will be seamlessly redirected to the new website location. We encourage users to update their bookmarks and documentation with the new URLs to ensure that they can continue to access information on OFLC's website.

Important Note: The migration to the new OFLC website domain will not impact the Foreign Labor Application Gateway ( https://flag.dol.gov ), Permanent Online Filing ( https://www.plc.doleta.gov/ ), and SeasonalJobs.dol.gov ( https://seasonaljobs.dol.gov ) websites. Users of these websites should encounter no service disruptions.

May 22, 2020. Final Rule: Rules Concerning Discretionary Review by the Secretary

On May 20, 2020, the Office of the Secretary issued a final rule, Rules Concerning Discretionary Review by the Secretary to establish a system of discretionary secretarial review over cases pending before or decided by the Board of Alien Labor Certification Appeals (BALCA) and to make technical changes to regulations governing the timing and finality of decisions of the Administrative Review Board and BALCA. The effective date of the rule is June 19, 2020. The rule also provides that the Secretary will not exercise his new review authority until at least 30 days after the rule goes into effect.

May 21, 2020. OFLC Reminds Stakeholders on Tips for Uploading PERM Documents

The Office of Foreign Labor Certification reminds stakeholders that information and directions on uploading documents into the Permanent (PERM) Online System is available under the PERM webinars link located on the Permanent Labor Certification Program web page.

View slides providing information on uploading PERM documents

April 15, 2020. OFLC Releases the H-2B Foreign Labor Recruiter List for First Half of Fiscal Year 2020

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) .

April 15, 2020. OFLC Releases Public Disclosure Data and Selected Program Statistics for First Half of Fiscal Year 2020

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data for the first half of fiscal year 2020 drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, 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, 2019, through March 31, 2020, reporting period of FY 2020—including a more expansive set of data elements based on new application forms processed through the Foreign Labor Application Gateway (FLAG) system.

OFLC has also released updated selected program statistics for the first half of fiscal year 2020 for the PERM, H-1B, H-1B1, E-3, H-2A, H-2B, CW-1, and Prevailing Wage programs.

View the public disclosure files and corresponding record layouts containing detailed descriptions of each available data element.
View the selected program statistics containing key program information.

April 8, 2020. OFLC Announces Schedule for the Final Phase of Decommissioning the iCERT System

The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders that the legacy iCERT System will be fully decommissioned on May 1, 2020 .

As part of the Department's technology modernization initiative, the Foreign Labor Application Gateway (FLAG) System was implemented to replace the legacy iCERT System, improve customer service, and modernize the administration of foreign labor certification programs.

On February 28, 2020, OFLC initiated the decommissioning process by transitioning the legacy iCERT System to a read-only mode where users can access their accounts to view, download, or copy information related to their applications.

On May 1, 2020 , the legacy iCERT System will no longer be accessible to account holders and the general public will be redirected to the FLAG System . As a reminder, iCERT System account holders who need to request a specific case action on an application submitted in the iCERT System (e.g., withdraw applications, request reconsideration, etc.) should continue to contact the relevant OFLC program helpdesk for review and appropriate action.

April 1, 2020. OFLC Temporarily Suspends Daily Mail Processing at Atlanta and Chicago National Processing Centers, Urges Employers to File Documents Electronically

On March 20, 2020, Illinois Governor JB Pritzker directed all individuals currently living in the State of Illinois to stay at home or at their place of residence, which currently extends through April 7, 2020. On March 23, 2020, City of Atlanta Mayor Keisha Lance Bottoms, directed all individuals living in the territorial jurisdictional limits of the city of Atlanta to stay at their place of residence, effective March 24, 2020.

The Office of Foreign Labor Certification has temporarily suspended daily mail processing at its Atlanta and Chicago National Processing Centers (NPCs) in order to protect the health and safety of its staff and help slow the spread of COVID-19. OFLC will monitor mail delivered to its NPCs once a week to ensure that time-sensitive documents are processed.

The Atlanta and Chicago NPCs continue to electronically process and issue labor certifications that meet all statutory and regulatory requirements under the federal government's maximum telework flexibilities operating status.

OFLC strongly encourages all employers (and their authorized attorneys or agents) to use the Foreign Labor Application Gateway (FLAG) and PERM electronic filing systems for filing new applications and uploading responsive documents on applications currently under review. Alternatively, employers and their authorized attorneys or agents may file applications and responsive documentation using email at the following addresses: TLC.Chicago@dol.gov (Chicago NPC) and PLC.Atlanta@dol.gov (Atlanta NPC). See the COVID-19 Frequently Asked Questions, Round 1 , issued on March 20, 2020, for more information.

March 24, 2020. OFLC Announces Issuance of Electronic PERM Labor Certifications in Response to the Impact of the COVID-19 Pandemic

Due to the impact of the COVID-19 pandemic, the Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders that, beginning March 25, 2020, and through June 30, 2020 , the Atlanta National Processing Center (NPC) will issue PERM labor certification documents electronically to employers and their authorized attorneys or agents.

Department of Homeland Security (DHS) regulations provide that, in order to file a USCIS Form I-140, Immigrant Petition for Alien Workers , with United States Citizenship and Immigration Services (USCIS), for certain employment-based immigrant visas, an employer must concurrently submit an original labor certification issued by the Department of Labor (DOL), unless the original labor certification was already provided to USCIS in support of a different petition. Currently, when a permanent labor certification is granted, OFLC sends an original certified Form ETA-9089, Application for Permanent Employment Certification , and a Final Determination letter on security paper to the employer or, if applicable, the employer's authorized attorney or agent who submitted the application. To be valid, the certified Form ETA-9089 contains a completed:

Section O, signed and dated by the OFLC Certifying Officer;
Footer on each page identifying the validity period of the certification;
Section L, signed and dated by the foreign worker;
Section M, signed and dated by the form preparer, if applicable; and
Section N, signed and dated by the employer

The employer or, if applicable, its authorized agent or attorney, then submits the original, signed paper Form ETA-9089, along with the USCIS Form I-140 and all other supporting documentation and appropriate fees, to USCIS.

Beginning March 25, 2020, and through June 30, 2020 , employers or their authorized attorneys/agents who file the application and are granted a permanent labor certification by OFLC will receive the certified Form ETA-9089 and Final Determination letter by email. In circumstances where employers or, if applicable, their authorized attorneys or agents, are not able to receive the certified Form ETA-9089 documents by email, OFLC will send the original security paper Form ETA-9089 and Final Determination letter using UPS regular delivery (i.e., approximately 2 to 8 days depending on delivery location).

Upon email receipt of an electronic copy of the certified Form ETA-9089, the form must be printed, and then signed and dated by each of the following prior to filing the Form I-140 with USCIS: the foreign worker, preparer (if applicable), and the employer. USCIS may consider this printed Form ETA-9089, containing all signatures, as satisfying the requirement that petitioners provide evidence of an original labor certification issued by DOL.

Based on potential service disruptions due to the COVID-19 pandemic, OFLC's electronic issuance of permanent labor certifications, during this temporary period, will help ensure employers and their authorized attorneys or agents are able to receive final determinations in a timely and cost effective manner.

Important Reminder: Similar to other electronic correspondence issued by the Atlanta NPC, and to ensure proper receipt of electronic permanent labor certification documents, OFLC reminds stakeholders to add plc.atlanta@dol.gov to their Address Book or "Safe List" within email system(s) to avoid being filtered as SPAM.

March 20, 2020. Annual Update to Allowable Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement for H-2A and H-2B Workers, Including Lodging

The U.S. Department of Labor's Employment and Training Administration has issued a Federal Register notice announcing the annual update to the allowable charges that employers seeking H-2A workers in occupations other than range herding 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.

Read the Federal Register notice

March 9, 2020. OFLC Issues Frequently Asked Questions Related to the H-2B Supplemental Visa Allocation Announcement by Department of Homeland Security for the Second Half of Fiscal Year 2020

The Office of Foreign Labor Certification (OFLC) has released a set of frequently asked questions (FAQs) to address stakeholder questions concerning the U.S. Department of Homeland Security's public announcement on March 5, 2020, that it will take necessary anti-fraud and abuse measures to protect the integrity of the H-2B visa program and also make available 35,000 supplemental H-2B temporary nonagricultural worker visas for the second half of fiscal year 2020.

The FAQs are intended to clarify the use of emergency situations related to the supplemental allocation and the procedures that employers can use to return a temporary labor certification issued by OFLC that they no longer need.

View the Frequently Asked Questions

March 9, 2020. Notice of Intent to Issue Declaratory Order; Withdrawal

The Office of Foreign Labor Certification (OFLC) alerts stakeholders that the Office of the Secretary of Labor has withdrawn its December 17, 2014, Notice of Intent to Issue Declaratory Order (79 FR 75179, Dec. 17, 2014).

All OFLC actions related to the resolution of requests for review of the relevant supplemental prevailing wage determinations, which have been stayed since December 20, 2013, will be processed in accordance with this Withdrawal Notice.

View a copy of the Withdrawal Notice in advance of its publication in the Federal Register .

Note: This version of the Withdrawal Notice may vary slightly from the published document if minor technical or formatting changes are made during the review by the Office of the Federal Register.

March 3, 2020. H-2B Processing Update

OFLC has issued 3,642 H-2B Temporary Labor Certifications covering 63,797 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 2, 2020. OFLC Announces Webinar on March 10, 2020, to Update Stakeholders on the Process for Filing CW-1 Applications for Employment in the Commonwealth of the Northern Mariana Islands

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.
Provide a live video demonstration on how to use the Foreign Labor Application Gateway (FLAG) System to prepare and submit CW-1 applications.

Date: Tuesday, March 10, 2020
Start Time: 8:30 a.m. Chamorro Standard Time (GMT+10)
WebEx Link: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e9c7f4d32cac9a85bb542a60cb8af3ab3
Meeting password: Welcome!24
Toll-Free Phone: 1-800-779-6819
Toll Line: 571-308-9268
Participant Passcode: 3822141

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

February 4, 2020. Declaration of State of Emergency in the Commonwealth of the Northern Mariana Islands

On January 29, 2020, Governor Ralph DLG. Torres issued a Declaration of a State of Significant Emergency regarding matters of public health for travelers to the Commonwealth of the Northern Mariana Islands (CNMI).

The Office of Foreign Labor Certification reminds CNMI employers of regulatory provisions regarding the termination of work to be performed under a job order and/or work contracts with employees before the end date of work on the certification under the "contract impossibility" provisions in 20 CFR 655.20(g) (H-2B) and 20 CFR 655.423(g) (CW-1), and as discussed in the Office of Foreign Labor Certification's frequently asked questions .

Impacted employers may also be eligible to use emergency filing procedures, as outlined at 20 CFR 655.17 (H-2B) and 20 CFR 655.422 (CW-1) to file their application closer to their start date of need than is normally permitted. Any requests will be assessed by the Certifying Officer and take into account the employer's reasons for such requests.

For information from U.S. Citizenship and Immigration Services (USCIS) regarding immigration relief measures that may help if you are affected by unforeseen circumstances, please visit the USCIS website .

January 24, 2020. OFLC Announces Decommissioning Schedule for the iCERT System Labor Certification Registry

The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders that the iCERT System Labor Certification Registry, which provides public access to labor certification decisions in the PERM, LCA, H-2A, and H-2B visa programs, will be decommissioned.

Effective February 28, 2020 , members of the public interested in obtaining data on labor certification decisions will still be able to access it within the Disclosure Data section of the OFLC Performance data page . This page provides the latest quarterly and annual disclosure data in easily accessible formats for public review and use. With the decommissioning of the iCERT System Labor Certification Registry, OFLC will be significantly expanding the scope of labor certification decision data available to the public through the Disclosure Data section in February 2020.

Members of the public interested in obtaining copies of labor certification records or other information maintained by OFLC may also request access under the Freedom of Information Act (FOIA). For more information on how to submit a FOIA request, please visit the Department of Labor's FOIA webpage .

January 24, 2020. OFLC Announces Schedule for the Initial Phase of Decommissioning the iCERT System

As part of the Department's technology modernization initiative, the Foreign Labor Application Gateway (FLAG) System was developed to replace the legacy iCERT System, improve customer service, and modernize the administration of foreign labor certification programs.

The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders that the iCERT System continues to be accessible, but will transition to a read-only mode as the Department initiates full decommissioning of the legacy system.

Effective February 28, 2020 , iCERT System account users will no longer be able to take any actions on their applications (e.g., delete initiated applications, request redeterminations, request center director reviews, withdraw applications, and upload supporting documents) within the respective Prevailing Wage, LCA, H-2A, or H-2B program areas of the legacy iCERT System. However, iCERT System account users will retain the ability to access their accounts and view, download, or copy information related to their applications after the iCERT System is placed in a read-only mode.

Beginning February 28, 2020, iCERT System account users who need to request a specific case action on an application available in the iCERT System should contact the relevant OFLC program helpdesk for review and appropriate action.

January 22, 2020. OFLC Announces Technical Fixes and Enhancements to the Foreign Labor Application Gateway System

The Office of Foreign Labor Certification (OFLC) today implemented technical fixes and new enhancements to the Foreign Labor Application Gateway (FLAG) System related to the submission of applications. These enhancements are intended to improve customer service and increase the quality of applications submitted for processing, and includes, but is not limited to, the following:

H-2B Program

Users preparing Form ETA-9142B will see improvements to the display of responses entered in field F.b.11 on both the "Review" page and read-only view of the application in Adobe PDF. This is a resolution to the technical FAQ published on 12/20/2019.
Users preparing Form ETA-9142B will see improvements to saving initiated applications that have data entered into Appendix C, Foreign Labor Recruiter Information. This is a resolution to the technical FAQ published on 12/20/2019.
Users linking Form ETA-9141 to Form ETA-9142B will see improvements to searching for available Prevailing Wage applications within an account/network.
Users will begin receiving courtesy email notifications after the submission of responses to a Notice of Deficiency, uploading a Recruitment Report, and uploading any ad hoc documentation supporting the application.

H-2A Program

Users preparing a Form ETA-790/790A will receive a warning message if more than one signature file is uploaded.
Users preparing a Form ETA-790/790A for a job opportunity covering the herding or production of livestock on the range will receive a warning message when the monthly wage entered is less than the current monthly Adverse Effect Wage Rate.
Users will begin receiving courtesy email notifications after the submission of responses to a Notice of Deficiency or Notice of Required Modification, uploading a Recruitment Report, and uploading any ad hoc documentation supporting the application.

LCA Programs (H-1B, H-1B1, E-3)

Users preparing Form ETA-9035 with the H-1B visa classification will be able to review the Additional Employer Labor Condition Statements from the Section H and on the "Review & Submit" page.
Users preparing Form ETA-9035 will see additional ACWIA SOC codes available for selection in Section B.

Prevailing Wage Program

Users preparing Form ETA-9141 will see improvements to saving and editing the Additional Worksites section of the application. This is a resolution to the technical FAQ published on 12/20/2019.
Users preparing Form ETA-9141 will see improvements to their Initiated Cases queue that displays the Job Title entered on the application.

January 8, 2020. OFLC Publishes List of Randomized H-2B Applications Submitted January 2-4 for Employers Seeking H-2B Workers Starting April 1, 2020

Following the randomization procedures published in the Federal Register on March 4, 2019, OFLC completed the randomization process on January 6 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. Four additional Assignment Groups were created for the remaining applications, each of which includes no more than 20,000 worker positions.

On January 6, 2020, 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).

View the Assignment Groups for H-2B Applications Submitted January 2-4, 2020

January 6, 2020. OFLC Conducts Randomization Process on H-2B Applications Requesting an April 1, 2020, Work Start Date

The Office of Foreign Labor Certification has completed the randomization process to randomly assign all H-2B applications submitted during the initial three-day filing window, January 2-4, 2020, requesting an April 1, 2020, work start date for the second half of the Fiscal Year 2020 H-2B statutory visa cap.

OFLC received a total of 5,677 H-2B applications requesting 99,362 worker positions during this filing period.

OFLC will be providing written notification to employers (and the employer's authorized attorney or agent) with their H-2B Assignment Group. On January 8, 2020, OFLC will also publish on its website the list of the H-2B applications assigned to each Assignment Group.

January 4, 2020. OFLC Announces Number of H-2B Applications Filed in the Foreign Labor Application Gateway System During First Two Days of the Peak Filing Season

During the first two days of the H-2B peak filing season, employers filed 5,509 applications in the Foreign Labor Application Gateway System requesting more than 96,319 worker positions with an April 1, 2020, or later, work start date.

The Office of Foreign Labor Certification (OFLC) will continue to accept H-2B applications during the three-day filing window, and plans to randomize all applications submitted on January 6, 2020. OFLC will use the randomization procedures published in the Federal Register on March 4, 2019, to randomize H-2B applications.

January 3, 2020. OFLC Announces Number of H-2B Applications Filed in the Foreign Labor Application Gateway System During First 24 Hours of the Peak Filing Season

During the first 24 hours of the H-2B peak filing season, employers filed 4,930 applications in the Foreign Labor Application Gateway System requesting more than 87,298 worker positions with an April 1, 2020, or later, work start date.

January 2, 2020. OFLC Issues Frequently Asked Questions Related to the H-2B Visa Cap for the First Half of Fiscal Year 2020 and Returning Temporary Labor Certifications

The Office of Foreign Labor Certification (OFLC) has posted a set of frequently asked questions (FAQs) to address stakeholder questions concerning whether the U.S. Department of Homeland Security's United States Citizenship and Immigration Services (USCIS) is accepting additional petitions for H-2B workers under the first half of fiscal year 2020 statutory limit, and the procedures employers can use to return a temporary labor certification issued by OFLC that they no longer need.

View the FAQs

Calendar Year 2019

December 20, 2019. OFLC Issues Frequently Asked Questions and Filing Tips Covering Technical Issues with the FLAG System

In collaboration with the Department's Office of the Chief Information Officer, the Office of Foreign Labor Certification (OFLC) published a set of technical frequently asked questions (FAQs) addressing several technical issues with the Foreign Labor Application Gateway (FLAG) System. These FAQs provide FLAG users with helpful tips and practices for preparing and submitting H-2B applications (Form ETA-9142B and appendices).

View the FLAG System Technical FAQs and Filing Tips

December 19, 2019. New 2020 H-2A Monthly Adverse Effect Wage Rate (AEWR) for Herding or Production of Livestock on the Range

December 19, 2019. New 2020 H-2A Hourly Adverse Effect Wage Rates (AEWR) by State

The Department of Labor (DOL) has published a notice in the Federal Register announcing the new AEWR in each state to perform agricultural labor or service other than herding and production of livestock on the range for the H-2A Program, based on the Farm Labor Survey conducted by the U.S. Department of Agriculture. The AEWR is the minimum wage rate DOL has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment, so that the wages of similarly employed U.S. workers will not be adversely affected. The notice announces the new hourly AEWR for each state. To access the notice please click here .

December 19, 2019. H-2B Application Filing Timelines for 2020 Peak Filing Season

The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting work start dates of April 1, 2020, or later, will open on January 2, 2020, at 12:00 a.m. Eastern Time .

Following OFLC's standard operating procedures, H-2B applications requesting an April 1, 2020, work start date will be denied if they are filed before January 2, 2020, at 12:00 a.m. Eastern Time .

OFLC will randomly order for processing all H-2B applications requesting a work start date of April 1, 2020, that are filed during the initial three calendar days (January 2-4, 2020) using the randomization procedures published in the Federal Register on March 4, 2019.

IMPORTANT REMINDER : Employers are reminded that Foreign Labor Application Gateway (FLAG) System user accounts are solely for the use of the individual for whom they were created. Sharing the same user account is forbidden and is grounds for terminating FLAG access. Passwords or any other authentication mechanism should never be shared or stored in any place easily accessible. If stored, a password may not be stored in a clear-text or readable format.

December 19, 2019. H-2B Webinar is Now Available to Watch Online

On December 11, 2019, the Office of Foreign Labor Certification conducted a webinar to update stakeholders on the process for filing H-2B applications requesting a work start date of April 1, 2020, or later. For stakeholders who were not able to participate, the H-2B FY 2020 Best Practices Presentation webinar is now available to watch online .

December 16, 2019. OFLC Encourages Stakeholders to Sign Up to Receive Email Updates

As we approach the H-2B filing season, the Office of Foreign Labor Certification (OFLC) reminds stakeholders that they can receive email notifications of OFLC announcements.

December 12, 2019. H-2B Webinar Materials and Information for 2020 Peak Filing Season

On December 11, 2019, the Office of Foreign Labor Certification (OFLC) conducted a webinar to update stakeholders on the process for filing H-2B applications requesting a work start date of April 1, 2020, or later.

H-2B FY 2020 Best Practices Presentation

IMPORTANT REMINDER: Employers are reminded that they should file only one application for the same job opportunity. With limited exception, under 20 CFR 655.15(f) , only one Application for Temporary Employment Certification (Form ETA-9142B and appendices) may be filed for worksite(s) within one area of intended employment for each job opportunity with an employer for each period of employment.

OFLC will review and process only the application that is filed first, according to its timestamp. If OFLC identifies multiple applications that appear to have been filed for the same job opportunity, OFLC will consider the first application filed in timestamp order - irrespective of randomization group assignments - as the official application submitted by (or on behalf of) the employer. OFLC will issue a Notice of Deficiency on the first application reviewed ( i.e., the application that is randomized closest to the top of the processing order) to require the employer to establish a bona fide need for all potentially duplicative applications. Employers that fail to establish a bona fide need for each of the applications will receive a non-acceptance denial for each application identified as a duplicate and received after the application that was filed first.

December 6, 2019. OFLC Announces Transition Schedule for Temporary and Seasonal Job Opportunities from the iCERT System Public Job Registry to SeasonalJobs.dol.gov

As part of the Department's technology modernization initiative, the Foreign Labor Application Gateway (FLAG) System and SeasonalJobs.dol.gov were developed to replace the legacy iCERT System, improve customer service, and modernize the administration of foreign labor certification programs.

The Office of Foreign Labor Certification is making this public service announcement to alert employers and other interested stakeholders that the Public Job Registry, which is a repository of temporary and seasonal jobs maintained through the iCERT System, will be decommissioned and transitioned to SeasonalJobs.dol.gov .

Beginning on December 27, 2019 , members of the general public interested in obtaining information on temporary and seasonal jobs approved under the H-2A and H-2B visa programs will be redirected to SeasonalJobs.dol.gov .

Initially launched in December 2018, SeasonalJobs.dol.gov is a mobile-friendly online portal that is designed to help Americans identify and apply for open seasonal and temporary jobs. In addition to providing more robust and personalized search capabilities that tailor results to the geographic location of American job seekers, this site makes it easier to integrate employment postings with third-party job search websites to make these job opportunities more accessible to job seekers.

December 5, 2019. Employer Filing Issues, and Best Practices Presentations

As part of the Office of Foreign Labor Certification's (OFLC) ongoing efforts to increase compliance assistance outreach and technical assistance to the stakeholder community, OFLC is making available a series of presentations developed by its National Processing Centers highlighting recent trends in workload and identifying key filing issues and best practices.

Please click the links below to access each presentation:

November 18, 2019. FY 2019 H-2B Foreign Labor Recruiter List

The Office of Foreign Labor Certification (OFLC) is publishing 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 for FY 2019 is published in two parts. The FY 2019 1st-3rd Quarter H-2B Foreign Labor Recruiter List includes foreign labor recruiters from H-2B applications filed on the previous version of the Form ETA-9142B. The FY 2019 4th Quarter H-2B Foreign Labor Recruiter List includes foreign labor recruiters identified in Appendix C of H-2B applications filed on the current version of the Form ETA-9142B.

November 18, 2019. OFLC Announces Webinar on December 11, 2019, to Update Stakeholders on the Process for Filing H-2B Applications With a Start Date of April 1, 2020, 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 for filing applications with a start date of need of April 1, 2020, or later;
Procedures OFLC uses to randomly select H-2B applications for review and processing; and
Actions the Department is taking to prepare the Foreign Labor Application Gateway (FLAG) System to support the submission of applications beginning January 2, 2020.

Details of the webinars are as follows:

Date: Wednesday, December 11, 2019
Start Time: 2:30 p.m. Eastern Time (lasting approximately 1 hour)
Link: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e029d7497a8ae370163092626c24da188
Meeting password: Welcome!68
Call-in information:

Conference Number: 1-888-603-7016
Participant Passcode: 4840313

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

November 1, 2019. FY 2019 Q4 Cumulative Disclosure Data

The Office of Foreign Labor Certification PERM, H-2A, H-2B, Prevailing Wage, CW-1, and H-1B program disclosure data files for Quarter 4 of FY 2019 are now available. Click here to access the disclosure files and corresponding record layouts.

November 1, 2019. FY 2019 Q4 Selected Statistics

The Office of Foreign Labor Certification (OFLC) has posted updated program factsheets containing the Quarter 4 FY 2019 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , CW-1 Transitional Worker Program in the Commonwealth of the Northern Mariana Islands , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 9/30/2019. The updated program factsheets may also be found on OFLC's Performance Data page .

October 23, 2019. OFLC Issues Frequently Asked Questions (FAQs), Round 14, Covering the Definition of Agricultural Labor or Services in the H-2A Temporary Agricultural Labor Certification Program

The Office of Foreign Labor Certification (OFLC) has posted a set of FAQs, Round 14, related to H-2A Applications for Temporary Employment Certification under the 2010 H-2A Final Rule. These FAQs address questions related to the definition of agricultural labor or services for H-2A program purposes. To access the Round 14 FAQs, please click here .

October 22, 2019. OFLC Announces Continued Acceptance of CW-1 Applications

All forms associated with the CW-1 Transitional Worker Program in the Commonwealth of the Northern Mariana Islands , contain an expiration date of September 30, 2019. The Department is seeking approval from the Office of Management and Budget to extend these application forms in one-month increments starting October 2019. Employers are permitted to continue filing applications for CW-1 applications for labor certifications and prevailing wage determinations in connection with the CW-1 program using the current forms, including any approved one-month extensions, starting October 2019.

OFLC Announces Schedule for Electronic Filing of Labor Condition Applications in the Foreign Labor Application Gateway (FLAG) System

As part of the Department's technology modernization initiative, the FLAG System has been developed to replace the legacy iCERT System, improve customer service, and modernize the administration of foreign labor certification programs through the Employment and Training Administration's Office of Foreign Labor Certification (OFLC).

OFLC is making this public service announcement to alert employers and other interested stakeholders about implementation of its new FLAG System for the Labor Condition Application (LCA) programs covering the H-1B, H-1B1, and E-3 visa classifications.

Electronic Filing of Form ETA-9035E, Labor Condition Application for Nonimmigrant Workers

Beginning September 16, 2019, the FLAG System's LCA Program Module will be enabled and stakeholders will be able to begin preparing H-1B, H-1B1, and E-3 applications using the Form ETA-9035E. However, the FLAG System will not permit the submission of LCA applications until 12:00 p.m. Eastern Time on October 1, 2019 .
OFLC will continue to accept online submissions of the Form ETA-9035E through the iCERT System until 11:59 a.m. Eastern Time on October 1, 2019. The ability to submit LCA applications using the iCERT System will be deactivated at 12:00 p.m. Eastern Time on that date.
OFLC will process all LCA applications submitted through the iCERT System, and stakeholders will be able to access their iCERT System accounts to check the status of applications submitted through the iCERT System.

Technical Assistance Materials & Instructional Webinar

OFLC has created instructional videos to help educate the stakeholder community on how to create and manage a FLAG System account and prepare the Form ETA-9035E. To obtain more information and view these instructional videos, please visit the LCA Program page on the FLAG System. The new videos will be posted no later than Friday, September 13, 2019 .

Additionally, OFLC will host an instructional webinar on Wednesday, September 18, 2019, to provide technical assistance to employers and authorized attorneys or agents on how to prepare the Form ETA-9035E using the new FLAG System.

Details of the webinars are as follows:

Date: Wednesday, September 18, 2019 2:00 p.m. Eastern Time
Link: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e2547a36864b207335bad0d74f0abf45a
Meeting password: Welcome!24
Conference call-in number: 888-469-1548
Participant passcode: 2477817

Please note: Webinar is limited to 1,000 participants.

August 27, 2019. OFLC Announces New H-2A Application Forms and Schedule for Electronic Filing in the Foreign Labor Application Gateway System

The Office of Foreign Labor Certification (OFLC) announced changes to the forms and the online filing process for the H-2A temporary agricultural program.

On August 22, 2019, the Office of Management and Budget (OMB) approved revisions for form ETA-9142A, Application for Temporary Employment Certification , and Appendix A, H-2A Assurances and Obligations . This approved package includes a newly designed form ETA-790/790A, H-2A Agricultural Clearance Order , to collect information about the employer’s agricultural job opportunity in an electronically fillable and fileable format, reducing the need for employers to submit "paper-based" job orders to State Workforce Agencies (SWAs).

OMB also approved form ETA-9142A, Final Determination: H-2A Temporary Labor Certification Approval , which allows OFLC to begin issuing H-2A temporary labor certification approvals electronically to employers and, if applicable, their authorized attorneys or agents.

The following schedule outlines when the new and updated forms will be used, as well as the migration from the iCERT to FLAG System .

Electronic Filing Schedule for New H-2A Application Forms

Beginning September 4, 2019 (at 12:00 p.m. Eastern Time):

The FLAG System's H-2A Program Module will be enabled and stakeholders will be able to begin preparing job orders using the Form ETA-790/790A and applications using the Form ETA-9142A. However, the FLAG System will not permit the submission of H-2A job orders and applications until October 1, 2019, at 12:00 p.m. Eastern Time .
OFLC will continue to accept online submissions of the current Form ETA-9142A (and job orders uploaded using the current Form ETA-790, Agricultural and Food Processing Clearance Order ) through the iCERT System until October 16, 2019, at 11:59 a.m. Eastern Time. The ability to submit H-2A applications using the iCERT System will be deactivated on October 16, 2019, at 12:00 p.m. Eastern Time.
OFLC will continue to process all H-2A applications and job orders submitted through the iCERT System, and stakeholders will be able to access their iCERT System accounts to check the status of applications submitted through the iCERT System.

Transition Schedule for Submitting H-2A Applications in the iCERT and FLAG Systems

Beginning on October 1, 2019 (at 12:00 p.m. Eastern Time):

An employer seeking to file an emergency application, as set forth under 20 CFR 655.134, OR to employ H-2A workers to perform herding or production of livestock on the range, as defined in 20 CFR 655.201, must submit a job order using the new form ETA-790/790A (and corresponding addendums) and an H-2A application using the new form ETA-9142A (and corresponding appendices) in the FLAG System.
All other employers seeking to employ H-2A workers with an expected start date of need on and after December 15, 2019 , must submit a job order to the SWA using the new form ETA-790/790A (and corresponding addendums) and an H-2A application using the new form ETA-9142A (and corresponding appendices) in the FLAG System.
An employer who initiated the H-2A application process before October 1, 2019, and has a pending job order with the SWA using the current form ETA-790, Agricultural and Food Processing Clearance Order , containing an expected start date of need on or before December 14, 2019 , must file an H-2A application with the using the current form ETA-9142A in the iCERT System.

Beginning on October 16, 2019 (at 12:00 p.m. Eastern Time):

OFLC will return - without further review - H-2A applications and job orders submitted in the iCERT System using the current versions of the form ETA-9142A and form ETA-790.
OFLC will continue to accept H-2A applications and job order in the iCERT system using the current forms through October 16, 2019, at 11:59 a.m. Eastern Time for an employer seeking to employ H-2A workers with an expected start date of before December 15, 2019.

Technical Assistance Materials and Instructional Webinar

OFLC has created instructional videos to help educate the stakeholder community on how to create and manage a FLAG System account and prepare the new H-2A application forms. To obtain more information and view these instructional videos, please visit the H-2A Program page on the FLAG System. The new videos will be posted no later than September 6, 2019.

Additionally, OFLC will host an instructional webinar on Tuesday, September 10, 2019 , to provide technical assistance to employers and authorized attorneys or agents on how to prepare the new H-2A application forms using the new FLAG System. Details of the webinars are as follows:

DATE: Tuesday, September 10, 2019, 2:00 p.m. Eastern Time
LINK: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=ee295e97298ca28d44eceb0443347c774
Meeting Password: Welcome!68
Conference Number: 1-800-369-3357
Participant Passcode: 4532103

Please note: Webinar is limited to 1,000 participants.

August 19, 2019. FY 2019 3rd Quarter Selected Statistics Released

The Office of Foreign Labor Certification (OFLC) has released updated program fact sheets containing the selected statistics for the 3rd quarter of FY 2019 for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . These reports reflect program data through June 30, 2019. These fact sheets can also be found on OFLC's Performance Data page . Fact sheets for the CW-1 Nonimmigrant Visa Program will be released beginning in the 4th quarter of FY 2019; however, program information for the CW-1 program can be found in the 3rd quarter public disclosure data file .

August 19, 2019. FY 2019 3rd Quarter Cumulative Disclosure Data Released

The Office of Foreign Labor Certification has released disclosure data files for the PERM, H-2A, H-2B, Prevailing Wage, H-1B, and CW-1 programs for the 3rd quarter of FY 2019 .

August 1, 2019. OFLC Website Routine Maintenance Service

The Department will perform routine maintenance on OFLC's Website, https://foreignlaborcert.doleta.gov/ , which will require a temporary outage from Friday, August 2, 2019, 3:00 p.m. Eastern Time until Tuesday, August 6, 2019, 8:00 a.m. Eastern Time. System users will not be able to access OFLC's website during this time. OFLC's case processing systems FLAG, iCERT, and PERM will continue to operate and be available for use. We apologize in advance for any inconvenience this may cause and thank you for your patience.

July 26, 2019. Publication of Notice of Proposed Rulemaking to Modernize and Improve the H-2A Temporary Agricultural Labor Program

The Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register to modernize and improve the H-2A program to include proposals that, among other things, would streamline and simplify the application process, strengthen protections for U.S. and foreign workers, and expand access to the H-2A program by revising the definition of agricultural labor to include employers engaged in reforestation and pine straw activities.

The Department seeks public comment on the NPRM on or before September 24, 2019 . To obtain a copy of the NPRM published in the Federal Register , please click here .

July 16, 2019. Occupational Employment Survey Wage Data Update

On July 1, 2019, the Office of Foreign Labor Certification (OFLC) published the latest prevailing wage data from the Occupational Employment Survey as generated by the Bureau of Labor Statistics (BLS) for use July 2019-June 2020. Updates include:

The Occupational Employment Statistics (OES) program has made changes to the metropolitan and nonmetropolitan area data. OES continues to publish data for metropolitan and nonmetropolitan areas that cover the full geography of the United States. However, the level of detail available has been reduced. Learn more about the metropolitan and nonmetropolitan area changes.
OFLC continues to use the 2010 Standard Occupational Classification codes. However, where OES aggregated some occupations, OFLC disaggregated the occupations using the same wage for each detailed occupation. It should also be noted that due to limitations in the OES data, the wages for 45-3011 (Fishers and Related Fishing Workers) uses the mean wage for 45-0000 (Farming, Fishing, and Forestry Occupations). Learn more about OES occupation changes.

Please direct any questions or comments regarding the effect of the BLS updates on the prevailing wage determination process to the National Prevailing Wage Center help desk via email at flc.pwd@dol.gov .

July 15, 2019. The Department Proposes to Help America's Farmers with Rule to Modernize and Improve the H-2A Temporary Agricultural Labor Certification Program

Furthering the agenda to help America's farmers, the Department of Labor (the Department), Employment and Training Administration and Wage and Hour Division, today is posting online a Notice of Proposed Rulemaking (NPRM) to solicit public comment on proposed changes to improve the H-2A temporary agricultural labor certification program. These proposed changes would modernize the Department's H-2A regulations in a way that is responsive to stakeholder concerns and enhances employer access to a legal source of agricultural labor, while maintaining the program's protections for the U.S. workforce and enhancing enforcement against fraud and abuse.

The NPRM includes several major proposals that would streamline and simplify the H-2A application process, strengthen protections for U.S. and foreign workers, and ease unnecessary burdens on employers. For example, the NPRM would streamline the H-2A application process by mandating electronic filing of job orders and applications, promoting the use of digital signatures, and providing employers with the option of staggering the entry of H-2A workers on a single application.

The NPRM also proposes to strengthen protections for U.S. and foreign workers by enhancing standards applicable to rental housing and public accommodations, strengthening surety bond requirements, expanding the Department's authority to use enforcement tools like program debarment for substantial violations of program rules, and updating the methodologies used to determine the Adverse Effect Wage Rates and prevailing wages to ensure U.S. workers similarly employed are not adversely impacted.

Finally, the NPRM would expand access to the H-2A program by revising the definition of agricultural labor or services to include employers engaged in reforestation and pine straw activities, as workers performing these services share many of the same characteristics as traditional agricultural crews. The proposal would also codify and update procedures governing the certification for job opportunities in animal shearing, custom combining, beekeeping, and reforestation.

The Department is posting a copy of the NPRM in advance of its publication in the Federal Register . A copy of the NPRM can be found by clicking here .

Note : This version of the proposed regulations may vary slightly from the published document if minor technical or formatting changes are made during the review by the Office of the Federal Register. Only the version published in the Federal Register is the official proposed regulation.

July 15, 2019. OFLC Announces List of Randomized H-2B Applications Submitted July 3-5 for Employers Seeking H-2B Workers Starting October 1, 2019

To keep the public informed regarding the submission and assignment of H-2B applications for review, the Office of Foreign Labor Certification (OFLC) is announcing the assignment group(s) for 493 H-2B applications covering 12,098 worker positions with the start date of work of October 1, 2019 randomly selected for assignment.

In accordance with procedures outlined in the Department's process change announcement of February 26, 2019 , OFLC successfully completed the randomization process on July 8 and assigned to NPC analysts all of the H-2B applications placed in Assignment Group A for issuance of Notices of Deficiency or Acceptance. Because the total number of H-2B applications contain an insufficient number of workers positions to reach the first semiannual visa allotment (i.e., 33,000), no other Assignment Groups were created.

Additionally, on July 8, 2019, OFLC provided written notice to each employer and, where applicable, the employer's authorized attorney or agent informing them about the Assignment Group for their application(s). To view the list of H-2B applications contained in Assignment Group A, click here .

July 11, 2019. PERM System Routine Maintenance Service

On Thursday, July 11, 2019, the Department will be performing routine maintenance on the PERM System, which will require a temporary outage from 8:00 p.m. to 11:00 p.m. Eastern Time. System users will not be able to access the PERM System during this time. We apologize in advance for any inconvenience this may cause and thank you for your patience.

July 3, 2019. OFLC Announces Successful Launch of H-2B Electronic Filing in its New FLAG System for Employers Seeking H-2B Workers Starting Fiscal Year 2020

The Department of Labor's (Department) Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders about implementation of its new Foreign Labor Application Gateway (FLAG) System for the H-2B program.

On July 3, 2019, OFLC, in collaboration with the Department's Office of the Chief Information Officer, successfully launched a new H-2B Electronic Filing Module within the FLAG System to support employers seeking temporary labor certification to employ H-2B workers starting on or after October 1, 2019. As of 3:00 P.M. Eastern Time today, OFLC has received approximately 326 H-2B applications covering more than 7,942 worker positions with no service interruptions . Additionally, the Department deactivated the ability to file H-2B applications in the legacy iCERT system as of midnight today.

The Department recognizes that technology is a key enabler for OFLC to deliver the highest quality customer service, and implementing the FLAG System will ensure our technology capabilities are modern, secure, and resilient. Following the temporary service interruptions of January 1, 2019, the FLAG System modernization effort for the H-2B program was initiated in late March 2019 with the goal to replace the legacy iCERT H-2B module and provide improved and streamlined external customer experience starting with the Fiscal Year (FY) 2020 visa allotment season. The Department is pleased to announce that it met this goal by developing and deploying this new modernized solution using cloud-based technology.

To support implementation of the FLAG System's H-2B Electronic Filing Module, OFLC delivered a series of public webinars and provided instructional videos in June 2019 to educate stakeholders on how to obtain and manage user accounts and prepare for submission of new H-2B applications forms beginning July 3, 2019. Finally, for stakeholders who may experience any technical issues, the FLAG System offers a new automated "ticketing system" so customers can more efficiently request assistance and receive a unique service ticket number to effectively track resolution of their request.

On July 8, 2019, the Department will randomly select for assignment and processing all cases received between July 3rd and July 5th for October 1, 2019, employment start dates for the first half of the FY 2020 H-2B statutory cap, fully implementing the Department's process change announcement of February 26, 2019 , and efforts to provide a more equitable application process.

OFLC Announces Electronic Filing of H-2B Applications and Prevailing Wage Requests in the FLAG System

The Office of Foreign Labor Certification (OFLC) reminds stakeholders of important changes for the electronic filing of the H-2B Application for Temporary Employment Certification form (Form ETA-9142B).

On July 3, OFLC will begin accepting online submissions of the H-2B Application for Temporary Employment Certification (Form ETA-9142B) in the FLAG System .
On July 2 at 11:59 p.m. Eastern Time, OFLC will no longer accept H-2B applications using the iCERT System.

OFLC Announces an Approved Updated CW-1 Program Survey from the CNMI Governor

The Office of Foreign Labor Certification received an updated CW-1 wage survey from the Governor of the Commonwealth of Northern Mariana Islands (CNMI), including updates to the wages provided in the initial survey. OFLC has approved the Governor’s second survey for 291 occupations and will begin issuing updated prevailing wages beginning July 1, 2019 for the occupations covered by the second survey. OFLC will post the updated CW-1 Wage Table under the "Prevailing Wage Information" tab on the CW-1 program page but will not apply the updated wages until July 1, 2019. The posting of the updated CW-1 Wage Table will coincide with the Bureau of Labor Statistics, Occupational Employment Statistics program wage updates that occur on July 1 of each year.

June 27, 2019. iCERT System Routine Maintenance Service

On Friday, June 28, 2019, the Department will be performing routine maintenance on the iCERT System, which will require a temporary outage from 8:00 p.m. to 11:00 p.m. Eastern Time. System users will not be able to access the iCERT System during this time. We apologize in advance for any inconvenience this may cause and thank you for your patience.

June 14, 2019. OFLC Announces Webinar on June 21, 2019, to Demonstrate the Foreign Labor Application Gateway System

As part of the U.S. Department of Labor's compliance assistance and technology modernization initiatives, the Foreign Labor Application Gateway (FLAG) System will replace the iCERT System in order to improve customer service and modernize the foreign labor certification process. With regards to the H-2B program, this enhanced platform will be effective on July 3, 2019.

The Employment and Training Administration's Office of Foreign Labor Certification invites stakeholders to participate in a webinar demonstrating the FLAG System and provide an opportunity for stakeholders to ask questions through an online chat room. Information regarding the FLAG System demonstration is as follows:

DATE: Friday, June 21, 2019, 2:00 p.m. Eastern Time
LINK: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e1945aff71eb8dcc31c42eb16f481729f

Meeting password: Welcome!68

Call-in information:
Conference Number: 1-800-369-1976
Participant Passcode: 2810956

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

June 6, 2019. OFLC Announces New H-2B Application Forms For Use Beginning July 3, 2019, and Schedule for Electronic Filing in the FLAG System

The Office of Foreign Labor Certification (OFLC) has received OMB approval for revisions to the H-2B Application for Temporary Employment Certification (Form ETA-9142B) and corresponding appendices, and related forms and instructions. These revisions will better align information collection requirements with the Department's regulations, provide greater clarity to employers on regulatory requirements, standardize and streamline information collection to reduce employer time and burden preparing applications, and promote greater efficiency and transparency in OFLC's review and issuance of labor certification decisions under the H-2B program. This new form must be used for all new H-2B applications beginning July 3, 2019. To obtain a copy of the new H-2B application form and its instructions, please click here .

Transition Schedule for Submitting the New H-2B Application Forms

Beginning July 3, 2019, OFLC will only accept H-2B applications submitted using the new Form ETA-9142B (i.e., forms containing an expiration date of May 31, 2022).
Beginning July 3, 2019, OFLC will reject - without further review - H-2B applications submitted using the current version of Form ETA-9142B (i.e., forms containing an expiration date of May 31, 2019). OFLC will continue to accept H-2B applications using this form through 11:59 p.m. Eastern Time on July 2, 2019.

Electronic Filing of the New H-2B Application Forms in the FLAG System

Beginning June 13, 2019, the FLAG System's H-2B Program Module will be enabled and stakeholders will be able to begin preparing H-2B applications using the new Form ETA-9142B and corresponding appendices. However, the FLAG System will not permit the submission of H-2B applications using the new forms until July 3, 2019 .
OFLC will continue to accept online submissions of the current Form ETA-9142B through the iCERT System until 11:59 p.m. Eastern Time on July 2, 2019. The ability to submit H-2B applications using the iCERT System will be deactivated at this time.
OFLC will process H-2B applications submitted through the iCERT System prior to July 3, 2019. Stakeholders will be able to access their iCERT System accounts to check the status of applications made through the iCERT System.
Beginning July 3, 2019, all H-2B applications will be assigned for review in accordance with the procedures announced by the Department on February 26, 2019 .

Technical Assistance Materials & Webinars

OFLC has created instructional videos to help educate the stakeholder community on how to create and manage a FLAG System account and prepare the Form ETA-9142B and corresponding appendices. To obtain more information and view these instructional videos, please visit the H-2B Program page on the FLAG System at https://flag.dol.gov/ . The new videos will be posted on June 7, 2019.

Additionally, OFLC will host webinars on June 13, 2019, to provide technical assistance to employers and authorized attorneys or agents on the changes to the H-2B application forms.

Details of the webinars are as follows:

DATE: June 13, 2019
TIME: 10:00 a.m. Eastern Time and 2:00 p.m. Eastern Time
WEBINAR LINKS:

10:00 a.m. Eastern Time:
https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e485b340b4f791da058493683c7b26216

2:00 p.m. Eastern Time:
https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e20df031b64d7816654e330548ae487a9

Meeting password: Welcome!24

Both meetings will use this call-in information:

Conference Number: 1-888-790-3323

Participant Passcode: 8418168

Please note: Each of the webinars is limited to 1,000 participants.

June 5, 2019. Scheduled System Maintenance

The iCERT system will be unavailable during the following time period for system maintenance: Thursday, June 6, 2019 from 8:00 pm to 11:00 pm EDT.

June 4, 2019. OFLC Announces Schedule for Electronic Filing of Prevailing Wage Requests in the Foreign Labor Application Gateway (FLAG) System

As part of the Department’s technology modernization initiative, the FLAG System is being developed to improve customer service and modernize the administration of foreign labor certification programs through the Employment and Training Administration’s Office of Foreign Labor Certification (OFLC). Technology is a key enabler for OFLC to deliver the highest quality customer service, and implementing the FLAG System will ensure our technology capabilities are modern, secure, and resilient.

FLAG System Implementation: Form ETA-9141

Beginning Monday, June 10, 2019, OFLC will accept online submissions of the Application for Prevailing Wage Determination (Form ETA-9141) in the FLAG System covering all visa programs.
Beginning June 10, 2019, the capability to submit the Form ETA-9141 using the iCERT System will be deactivated. OFLC will continue to accept online submissions of the Form ETA-9141 through the iCERT System until 11:59 p.m. Eastern Time, Sunday, June 9, 2019.

IMPORTANT REMINDER : OFLC’s National Prevailing Wage Center (NPWC) will process all Form ETA-9141s submitted through the iCERT System before 12:00 a.m. Eastern Time, Monday, June 10, 2019, and stakeholders will still be able to access their iCERT System accounts to check the status of their applications and obtain prevailing wage determinations.

Technical Assistance Materials

OFLC has developed a series of instructional videos to help educate the stakeholder community on how to create and manage a FLAG System account and content to prepare the Form ETA-9141 for submission to the NPWC. To obtain more information and view these instructional videos, please visit the Prevailing Wage Program page on the FLAG System at https://flag.dol.gov/ . New videos will be posted Friday, June 7, 2019.

May 28, 2019. Acceptance of H-2A and Prevailing Wage Applications Starting June 2019

The H-2A Application for Temporary Employment Certification, Form ETA-9142A and Appendix A, and the Application for Prevailing Wage Determination, Form ETA-9141, are set to expire on May 31, 2019. The Department is seeking approval from the Office of Management and Budget (OMB) to extend these application forms in one-month increments starting June 2019. Until OMB grants approval, employers are permitted to continue filing H-2A and prevailing wage applications using the current forms, including any approved one-month extensions, starting June 1, 2019.

May 17, 2019. CW-1 Program Implementation Frequently Asked Questions (FAQs).

The Office of Foreign Labor Certification has developed FAQs for the implementation of the Department of Labor’s CW-1 Interim Final Rule governing the CW-1 prevailing wage determination and temporary labor certification processes. The FAQs are posted on the CW-1 program page here . The direct link to the FAQs may be found here .

May 16, 2019. Employer Filing Issues, Best Practices, and IT Modernization Presentations

As part of the Office of Foreign Labor Certification’s (OFLC) ongoing efforts to increase public outreach and technical assistance to the stakeholder community, OFLC is making available a series of presentations developed by its National Processing Centers highlighting recent trends in workload and identifying key filing issues and best practices. As part of the Department’s IT modernization initiative, OFLC is also making available a general presentation on its new FLAG Labor Application Gateway (FLAG) System, which is designed to continuously improve OFLC business processes and stakeholder experience with our services. For more information on the FLAG System, please click here .

Please click the hyperlinks below to access each presentation.

May 13, 2019. OFLC Issues PERM Round 14 Frequently Asked Questions

The Department is issuing this announcement that PERM Round 14 FAQ regarding PERM withdrawals, Requests for Reconsideration or BALCA Review, and Pay Differentials (Cost-of-Labor Adjustments) has been posted. To access the new FAQs, please click here .

May 9, 2019. OFLC Announces an Approved CW-1 Program Survey from the CNMI Governor

The Office of Foreign Labor Certification (OFLC) received a CW-1 wage survey from the Governor of the Commonwealth of the Northern Mariana Islands (CNMI) covering 84 occupations. OFLC has approved the Governor's survey and started issuing CW-1 prevailing wage determinations today using the survey wages for occupations covered by the Governor's survey. OFLC has also posted the survey wages under the "Helpful Links" tab on the CW-1 program page .

May 8, 2019. Form ETA-9142-B-CAA-3

The Office of Foreign Labor Certification (OFLC) has published Form ETA-9142-B-CAA-3 and the accompanying instructions in support of the temporary rule jointly issued by the Department of Homeland Security and the Department of Labor, titled "Exercise of Time-Limited Authority to Increase the Fiscal Year 2019 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program." The temporary rule was published in the Federal Register on May 8, 2019, with an immediate effective date. The Secretary of Homeland Security has decided, after consultation with DOL, to increase the H-2B cap for FY 2019 by up to 30,000 additional visas for American businesses that are likely to suffer irreparable harm (that is, permanent and severe financial loss) without the ability to employ all of the H-2B workers requested on their respective petitions before the end of FY 2019. The temporary rule requires an employer to conduct additional recruitment of U.S. workers when it submits a request to DHS for H-2B visas made available by the regulation if the employer submits that request to DHS more than 45 days after the start date of need listed on the temporary labor certification issued by DOL. The temporary rule also requires that, for purpose of the FY 2019 one-time increase, any H-2B nonimmigrants falling under this cap increase be limited to returning workers who were issued an H-2B visa or were otherwise granted H-2B status in FY 2016, 2017, or 2018. 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 before the end of Fiscal Year 2019. The attestation is also available on the Forms and Instructions section of the OFLC website found at: https://www.foreignlaborcert.doleta.gov/form.cfm.

May 8, 2019. FY 2019 Q2 Selected Statistics

The Office of Foreign Labor Certification (OFLC) has posted updated program factsheets containing the Quarter 2 FY 2019 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 3/31/2019. The updated program factsheets may also be found on OFLC's Performance Data page.

May 8, 2019. FY 2019 Q2 Cumulative Disclosure Data

The Office of Foreign Labor Certification PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 2 of FY 2019 are now available. Click here to access the disclosure files and corresponding record layouts.

May 2, 2019. Scheduled System Maintenance

The iCERT system will be unavailable during the following time period for system maintenance: Thursday, May 2, 2019 from 8:00 pm to 11:00 pm EDT.

April 22, 2019. FY 2019 H-2B Foreign Labor Recruiter List

Pursuant to 20 CFR § 655.9(c), the Office of Foreign Labor Certification (OFLC) is publishing an updated list of the names of foreign labor recruiters and the identity and location of persons or entities 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 Form ETA-9142B, H-2B Application for Temporary Employment Certification . The H-2B Foreign Labor Recruiter List includes cumulative cases filed from October 1, 2018 through March 31, 2019.

By providing this Foreign Labor Recruiter List, OFLC is providing a greater level of transparency to the H-2B worker recruitment process and facilitating information sharing between the Department and other agencies and the public. The list will be updated quarterly and can be accessed here . FAQs regarding the Foreign Labor Recruiter List have been posted as 2017 H-2B IFR FAQs Round 16 and can be accessed here . Archived Foreign Labor Recruiter Lists may be found here .

April 11, 2019. Scheduled System Maintenance

The iCERT and PERM systems may be unavailable during the following time period for system maintenance: Friday, April 12, 2019 from 10:00 pm EDT to Saturday, April 13, 12:00 pm EDT.

April 11, 2019. PERM System Maintenance

The PERM system will be unavailable during the following time period for system maintenance: Thursday, April 11, 2019 from 8:00 pm EDT to 11:00 pm EDT.

April 1, 2019. OFLC Announces Updates to Implementation of the Interim Final Rule (IFR) for Temporary Employment in the Commonwealth of the Northern Mariana Islands (CW-1 Workers)

Publication of CW-1 IFR : On April 1, 2019, the Office of the Federal Register published the Department's IFR, as required by the Northern Mariana Islands U.S. Workforce Act of 2018 (Pub. L. 115-218). To read the full text of the CW-1 IFR in the Federal Register, please click here . The CW-1 IFR will become effective on April 4, 2019, at 12:00 a.m. Eastern Time .

Application Forms to Implement the CW-1 IFR : The Office of Management and Budget (OMB) has authorized use of the Forms ETA-9141C, Application for Prevailing Wage Determination and ETA-9142C, Application for Temporary Employment Certification , and the accompanying general instructions to support implementation of the CW-1 IFR. To obtain a copy of the application forms, please visit the Form and Instructions section of the OFLC website here .

Implementation of CW-1 Electronic Filing Module : As required by the CW-1 IFR and except for employers that lack adequate access to electronic filing, either due to lack of internet access or physical disability, employers must use OFLC's Foreign Labor Application Gateway (FLAG) System to file the OMB-approved application forms. Employers are required to submit the Form ETA-9141C and obtain a valid Prevailing Wage Determination (PWD) before filing the Form ETA-9142C requesting temporary labor certification.

At 3:00 p.m. Eastern Time on April 1, 2019, OFLC's FLAG System will permit employers and their authorized attorneys or agents to begin preparing requests for PWDs in advance of the CW-1 IFR's effective date. However, employers will not be able to submit requests for PWDs until the CW-1 IFR becomes effective on April 4, 2019, at 12:00 a.m. Eastern Time. To access OFLC's FLAG System, please click here .

March 26, 2019. Webinar Announcement: Program Overview: The Commonwealth of the Northern Mariana Island (CNMI) CW-1 Application for Temporary Employment Certification

As part of the Office of Foreign Labor Certification's (OFLC) ongoing efforts to increase public outreach and awareness, and to provide the outreach and training required by the CNMI Workforce Act, OFLC will host two webinars on March 28, 2019, and April 2, 2019 Chamorro Standard Time (GMT+10). The webinars are designed to provide technical assistance to employers and, if applicable, their authorized attorneys or agents on how to complete and submit a CW-1 Application for Temporary Employment Certification. The content of both webinars will be the same.

Details of the webinars are as follows:

DATE: March 28, 2019 & April 2, 2019
TIME: 8:00 a.m - 9:30 a.m Chamorro Standard Time
Or
6:00 p.m - 7:30 p.m EST (March 27, 2019 & April 1, 2019)

March 28, 2019 Chamorro Standard Time (March 27 EST) Webinar Link:
https://dolevents.webex.com/dolevents/onstage/g.php?MTID=ec8b22804075b9d3689d107f3b6ef5f1c

April 2, 2019 Chamorro Standard Time (April 1 EST) Webinar Link:
https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e236a06b6c9f922d90384d08b3f60a6ce

Teleconference (Both meetings can use the same numbers below)
Toll-Free Phone Number: 888-603-7040
Toll Number: 1-312-470-0014
Participant Passcode: 8026950
Meeting password (both meetings): Welcome!24

March 26, 2019. Federal Register Notice. Labor Certification Process for the Temporary Employment of H-2A and H-2B Foreign Workers in the United States: Annual Update to Allowable Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including Lodging

The Employment and Training Administration (ETA) of the Department of Labor 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 range herding 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. To read the notice, please click here .

March 25, 2019. Department of Labor Announces the Interim Final Rule for Temporary Employment in the Commonwealth of the Northern Mariana Islands (CW-1 Workers)

WASHINGTON, DC - The Department of Labor (the Department or DOL) is posting an Interim Final Rule (IFR) as required by the Northern Mariana Islands U.S. Workforce Act of 2018 (Workforce Act), Pub. L. 115-218 (July 24, 2018). DOL is posting a copy of the IFR in advance of its publication in the Federal Register . A copy of the IFR can be found at https://www.foreignlaborcert.doleta.gov/pdf/CNMI_IFR.pdf .

The IFR establishes the process by which an employer in the Commonwealth of the Northern Mariana Islands (CNMI) will obtain a prevailing wage and temporary labor certification (TLC) from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in CW-1 visa status. As required by the Workforce Act, a TLC granted by the Department serves as confirmation to DHS that an insufficient number of qualified U.S. workers are available to fill the employer's job opportunity in the CNMI, and the employment of a CW-1 worker will not adversely affect the wages or working conditions of similarly employed U.S. workers.

The Department's actions will help employers, through more robust domestic recruitment, find U.S. workers for positions the employers would otherwise seek to fill with CW-1 workers. The rule also establishes important protections for both CW-1 workers and U.S. workers in corresponding employment and ensures that no U.S. worker is placed at a competitive disadvantage compared to a CW-1 worker or is displaced by a CW-1 worker. Several provisions will improve transparency between employers and workers, such as requiring employers to provide workers with detailed earnings statements on or before each payday, disclose all deductions from pay, and a copy of the work contract in a language understood by the workers. To protect the program from fraud and abuse, the Department has authority to impose sanctions on employers who violate program requirements, such as more intensive or assisted recruitment requirements, revocation of a granted TLC, and debarment from all employment-based immigration programs administered by the Department for up to five years.

The IFR will be effective on and after April 4, 2019, at 12:00 a.m. Eastern Time. The IFR will provide the public with a comment period, lasting 60 days from the date the IFR is published in the Federal Register, during which interested parties will be able to submit public comments on the rule. No CW-1 applications will be accepted until the IFR goes into effect on April 4, 2019.

CW-1 employers will use the Foreign Labor Application Gateway (FLAG), which can be accessed at the following website: https://flag.dol.gov . The Department will provide user guides and conduct informational webinars on the new system for the public beginning this week.

In the coming weeks, the Department will conduct outreach and provide materials on the new regulatory requirements for stakeholders interested in the CW-1 program, and further details on those outreach events and materials will be announced on the OFLC website at www.foreignlaborcert.doleta.gov . In the meantime, interested stakeholders may obtain a detailed factsheet on the new regulations, https://www.foreignlaborcert.doleta.gov/pdf/CNMI_IFR_Factsheet.pdf , as well as a copy of the IFR that will be published in the Federal Register , https://www.foreignlaborcert.doleta.gov/pdf/CW_IFR.pdf , at the enclosed links.

Note : These versions of the regulations may vary slightly from the published document if minor technical or formatting changes are made during the review by the Office of the Federal Register. Only the version published in the Federal Register is the official regulation.

February 26, 2019. Department Announces Updates to its Procedures for Processing H-2B Applications for Temporary Labor Certification

The Department today announced updates to its procedures for processing H-2B applications. Because of the intense competition for H-2B visas in recent years, the Department's technology and available staff resources have been challenged to handle the increasingly large volume of H-2B applications filed on January 1 of each year. As a result of stakeholder comments and the most recent filing period in which the iCERT electronic filing system experienced a service disruption due to the large volume of system user requests, the Department's Office of Foreign Labor Certification (OFLC) reassessed its procedures for processing H-2B applications.

Today, OFLC announced that all H-2B applications filed on or after July 3, 2019 will be randomly ordered for processing based on the date of filing and the start date of work requested. OFLC will randomly order and assign for processing all of the H-2B applications requesting the earliest start date of work permitted under the semi-annual visa allocation (i.e., October 1 or April 1) and filed during the first three calendar days of the regulatory time period for filing H-2B applications. Once first actions are issued, OFLC will randomly assign for processing all other H-2B applications filed on a single calendar day.

OFLC is seeking comments on this procedural change for a period of 30 calendar days from the date that the notice is published in the Federal Register. Interested stakeholders may submit comments to H2BReform.Comments@dol.gov or Thomas M. Dowd, Deputy Assistant Secretary, Employment and Training Administration, U.S. Department of Labor, Box PPII 12-200, 200 Constitution Avenue, NW, Washington, DC 20210.

OFLC will review all of the comments received, make any changes it determines are appropriate, and issue a final announcement prior to July 3, 2019. Stakeholders can access a full copy of the procedural announcement here .

Scheduled Maintenance - Presidents Day Weekend

The U.S. Department of Labor will be conducting scheduled system maintenance beginning Friday, February 15 at 5:00 p.m. ET through Tuesday, February 19 at 8:00 a.m. ET. Users should expect that OFLC's website, https://www.foreignlaborcert.doleta.gov/ , and the iCERT and PERM systems will be unavailable during the maintenance window.

February 13, 2019. Published 60 Day Notice for Information Collection Related to Form ETA-9141, Application for Prevailing Wage Determination

The Department of Labor (the Department) published a 60-day notice in the Federal Register informing the public of proposed revisions to Form ETA-9141, Application for Prevailing Wage Determination , for the purpose of requesting public comments. The objectives of the Form ETA-9141 revisions are to better align information collection requirements with the Department's current regulatory framework, streamline information collection across programs to reduce employer's time and burden in preparing applications, and promote greater efficiency and transparency in the Office of Foreign Labor Certification's (OFLC) review and issuance of prevailing wage determinations. Proposed changes to the form include addition of fields for the name and details of the attorney or agent filing the form on behalf of its employer client, formatted field for alternative requirements for the job opportunity instead of the current free-text field, and addition of an appendix to standardize the collection of requests for prevailing wage determinations for multiple worksites. Any written comments must be submitted in accordance with the Federal Register notice instructions. Copies of the 60 day notice, Supporting Statement, and the proposed forms and instructions are provided below:

February 7, FY 2019 Q1 Selected Statistics

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 1 FY 2019 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 12/31/2018.The updated program factsheets may also be found on OFLC's Performance Data page .

February 7, 2019. FY 2019 Q1 Cumulative Disclosure Data

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 1 of FY 2019 are now available. Click here to access the disclosure files and corresponding record layouts.

January 31, 2019. FY 2019 H-2B Foreign Labor Recruiter List

Pursuant to 20 CFR § 655.9(c), the Office of Foreign Labor Certification (OFLC) is publishing an updated list of the names of foreign labor recruiters. The list also contains the identity and location of persons or entities 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 Form ETA-9142B, H-2B Application for Temporary Employment Certification. The H-2B Foreign Labor Recruiter List includes cumulative cases filed from October 1, 2018 through December 31, 2018.

By providing this Foreign Labor Recruiter List, OFLC is providing a greater level of transparency to the H-2B worker recruitment process and facilitating information sharing between the Department of Labor, other agencies, and the public. The list will be updated quarterly and can be accessed here . FAQs regarding the Foreign Labor Recruiter List have been posted as 2017 H-2B IFR FAQs Round 16 and can be accessed here . Archived Foreign Labor Recruiter Lists may be found here .

January 11, 2019. OFLC Issues H-2B Processing Announcement

In continuing to keep the public well-informed regarding submission and processing of H-2B Applications for Temporary Employment Certification and the iCERT system, the Department of Labor (the Department) has the following updates:

The Department is processing applications according to procedures announced on June 1, 2018, whereby applications are assigned to analysts for processing based on the date and time at which the application was received into the system. Under normal, pre-established procedures, Notices of Acceptance and Notices of Deficiency will be issued on a rolling basis, and certifications will be issued as the employer meets all regulatory requirements.

Applicants' official receipt date and time are saved in the iCERT database and displayed on the applicants H-2B Portfolio Screen. This official date and time determines the order in which applications are assigned for processing.

The Department has received questions about the difference between timestamps displayed in iCERT and timestamps contained in emails confirming the submission of applications. When an applicant submits an application, the system generates a courtesy email to the applicant which confirms the submission. The date and time in the courtesy email, however, does not represent the official date and time of the applicant's submission . Rather, it indicates the time at which the email was generated. To reiterate, the official date and time of each application may be viewed in the applicant's H-2B Portfolio Screen through the applicant's iCERT system account.

The Department undertook an after-action analysis of the iCERT system's January 7, 2019 performance. Through a review of the data logs, the Department has determined that 186 applicants submitted the same application more than once in the iCERT system. Because the iCERT database overwrites the previous date and time stamp when a new submission is made, the official date and time saved in the iCERT database is the date and time of the final submission. For these 186 applications, the Department was able to determine the time of the first submission down to the second. For the 152 applicants with multiple submissions within the same second, the final time stamp to the millisecond is reflected in the official date and time. In the remaining 34 cases, the submissions were made outside of the same second. Those applications are now at the first submission's second. These time stamps are reflected in the official receipt date and time that may be viewed on the H-2B Portfolio Screen through an iCERT system account.

Some users received an outage banner which delayed or blocked access to the H-2B page in the iCERT system. To increase processing capacity on January 7, 2019, the Department scaled up iCERT infrastructure to 50 load-balanced servers. One of the pathways to these servers did not allow access to the iCERT's H-2B module system at the 2:00 p.m. EST opening of the system, and for approximately two and half hours thereafter. All iCERT users were randomly assigned to a server at log-on as per a standard load-balancing algorithm. As a result, users assigned to this particular pathway experienced the outage banner and may have been delayed from getting into iCERT's H-2B module.

In addition, the Department received questions regarding whether there was a restoration of data due to data corruption. There was no restoration of data from back-up and no data corruption found connected to the system disruption of January 1, 2019.

The Department was notified that some applicants were missing certain required data or attachments from their applications. As per standard practice, applicants are encouraged to log into their iCERT accounts and verify that their applications are complete and accurate. If any attachments are missing, applicants may upload them at any time. If any required data fields on the ETA-9142B are missing or inaccurate, applicants may contact the Office of Foreign Labor Certification (OFLC) help desk at tlc.chicago@dol.gov and provide the relevant H-2B case number and explain the necessary corrections.

In light of the unprecedented demand for H-2B labor certifications, the Department is considering rulemaking changing the process by which applications are ordered for processing, including randomization and other methods. In the interim, the Department welcomes comments and suggestions from the public on these matters. Comments and suggestions should be directed to the H2BReform.Comments@dol.gov .

January 8, 2019. OFLC Issues H-2B Processing Announcement

The Department of Labor's (DOL) Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders about the high volume of applications received requesting temporary labor certification under the H-2B visa program.

OFLC has received for processing approximately 5,276 H-2B applications covering more than 96,400 worker positions . Except where a statutory exemption applies, the Department of Homeland Security (DHS) may only issue up to 33,000 H-2B visas for employers seeking to hire H-2B workers during the second half of FY 2019 (April 1 to September 30). This unprecedented level of employer requests for H-2B workers is nearly three times greater than the 33,000 semi-annual visa allotment for FY 2019 permitted under the Immigration and Nationality Act (INA). The OFLC takes each request for temporary labor certification seriously and administers the labor certification program in a manner that protects the wages and working conditions of both H-2B and U.S. workers who support the seasonal workforce needs of U.S. small businesses, consumers, and communities.

Processing of H-2B Applications

In order to process this significant surge of applications in a more equitable manner and to clarify the time at which an application is received, OFLC issued a public announcement on June 1, 2018, that it will sequentially assign H-2B applications to analysts based on the calendar date and time on which the applications are received (i.e., receipt date and time). Receipt time will be measured to the millisecond, e.g., 12:00:00.000 a.m. OFLC's technology servers are located in the Eastern Time Zone; therefore, the time an application is received and assigned to analysts is based on Eastern Time (ET). Applications submitted from other time zones may be filed as early as 12:00:00.000 a.m. ET.

Once assigned, the analysts will initiate review of each H-2B application in the order of receipt date and time, and in accordance with 20 C.F.R. 655.30. Based on the analyst's review, the Certifying Officer (CO) will authorize issuance of either a Notice of Acceptance (NOA) under 20 C.F.R. 655.33 or a Notice of Deficiency (NOD) under 20 C.F.R. 655.31. Following issuance of NOAs and/or NODs, the applications will be processed as each successive stage in the process is completed. Employers receiving NOAs may proceed to meet the additional regulatory requirements, including recruitment of U.S. workers and submission of recruitment reports. Employers receiving NODs must correct any deficiencies and then receive a NOA before proceeding to meet the additional regulatory requirements. As a result, for each application, analysts' review of NOD responses and recruitment reports, and issuance of final decisions (certifications and denials) will follow in the order in which each sequential step required by the regulations is concluded, irrespective of the receipt time of the application.

As required, OFLC will grant temporary labor certification only after the employer's H-2B application has met all the requirements for approving labor certification under 20 CFR 655.50 and the subpart. In accordance with regulatory requirements, OFLC will send all certified H-2B applications to the applicant by means normally assuring next day delivery. OFLC will issue rejections, withdrawals, and denials of labor certification applications as each determination is made by the CO.

Background on Statutory Limit of H-2B Visas

The INA set at 66,000 the annual number of aliens who may be issued H-2B visas or otherwise provided H-2B nonimmigrant status by the DHS to perform temporary non-agricultural work. Up to 33,000 H-2B visas may be issued in the first half of a fiscal year (October 1 to March 31), and the remaining annual allocation will be available for employers seeking to hire H-2B workers during the second half of the fiscal year (April 1 to September 30). If insufficient petitions are approved to use all H-2B numbers in a given fiscal year, the unused numbers cannot be carried over for petition approvals in the next fiscal year.

On December 12, 2018, the DHS United States Citizenship and Immigration Services (USCIS) announced that the first half of the annual number of H-2B visas for Fiscal Year (FY) 2019 was reached and, except where a statutory exemption applies, USCIS will reject new H-2B petitions requesting an employment start date on or before March 31, 2019. In accordance with the INA, USCIS will accept new H-2B petitions for the remaining 33,000 visas available for FY 2019 where the employer has received a temporary labor certification from the DOL and requests an employment start date on or after April 1, 2019.

January 7, 2019. OFLC Issues Last Status Update Today on the iCERT System

LAST OPERATING STATUS : The Department's iCERT Rapid Response Team has continued to monitor the iCERT system, which has consistently been open for service since 2:00 p.m. EST and successfully handled the submission of approximately 5,021 H-2B applications covering more than 92,400 workers positions for an April 1, 2019, start date of work within the first two hours of operation .

Application filing services through the iCERT system will remain open and the Department will continue to closely monitor the situation.

January 7, 2019. OFLC Issues Status Update on the iCERT System.

OPERATING STATUS : The Department's iCERT Rapid Response Team has continued to monitor the iCERT system, which has now successfully handled the submission of approximately 4,749 H-2B applications covering more than 87,900 workers positions for an April 1, 2019, start date of work within the first one hour of operation .

Application filing services through the iCERT system will remain open and the Department will continue to closely monitor the situation.

January 7, 2019. OFLC Issues Status Update on the iCERT System.

OPERATING STATUS : The iCERT system for application processing opened for service promptly at 2:00 p.m. EST today. The Department's iCERT Rapid Response Team continuously monitored the system's server capacity, which successfully handled the submission of approximately 4,195 H-2B applications covering more than 79,500 workers positions for an April 1, 2019, start date of work within the first 30 minutes of operation .

Application filing services through the iCERT system will remain open and the Department will continue to closely monitor the situation.

January 7, 2019. OFLC Issues Step-by-Step Instructions for Emergency Backup H-2B Applications Filing Process if iCERT System Disruption Occurs

The iCERT system for application processing is scheduled to open at 2:00 p.m. EST on MONDAY, JANUARY 7, 2019.

The Department has enhanced system capacity and performed intensive testing and performance tuning on the iCERT system to simulate the expected activity of a large number of simultaneous system users. Out of an abundance of caution, the Department is prepared to activate an emergency application filing process, called the H-2B Case Submission Ticketing Portal, in the unlikely event a system disruption occurs or the Department determines that it is prudent to activate.

During the stakeholder conference call held on Friday, January 4, 2019, the Department committed to providing the stakeholder community with procedural information on the emergency application filing process before 12:00 p.m. EST today. Accordingly, the Department provided iCERT system account holders, who have a pending H-2B application containing a start date of work on or after April 1, 2019, with step-by-step instructions for using the H-2B Case Submission Ticketing Portal. The electronic mail (e-mail) communications were issued throughout the early morning hours today. To view a sample of the electronic communication sent to iCERT system account holders with a pending H-2B application, please click here .

Important Reminder: This web service portal will only be activated in the event of an emergency or the Department's determination that it is prudent to activate and upon electronic notice from the Department through the iCERT system website ( https://icert.doleta.gov ).

January 6, 2019. OFLC Issues Frequently Asked Questions Related to Passwords for the iCERT System

The Department held a conference call on Friday, January 4, 2019, to update stakeholders on the status of the iCERT system and timeline to restore services at 2:00 p.m. EST on MONDAY, JANUARY 7, 2019 . The Department is issuing this announcement in response to specific questions regarding passwords for the iCERT system. To access the new FAQs, please click here .

January 4, 2019. OFLC Issues Frequently Asked Questions Regarding the iCERT System

The iCERT system for application processing is tentatively scheduled to open at 2:00 p.m. EST on MONDAY, JANUARY 7, 2019.

Today, the U.S. Department of Labor held a conference call to update stakeholders on the status of the iCERT system. The Department is confident the iCERT System will open for service at 2:00 p.m. Eastern on Monday, January 7, 2019. The Department is issuing this announcement in order to respond to important questions stemming from today's conference call impacting the broader stakeholder community. To access the FAQs, please click here .

Due to an unprecedented volume of simultaneous system users that included applications for 97,800 workers on January 1, 2019, the legacy iCERT System experienced a failure preventing applications for H-2B temporary labor certifications from being submitted to the Department.

The Department's iCERT Rapid Response team has been working non-stop to address all issues. Steps taken to recover and restore stability to the iCERT System include:

Increasing web server capacity to 50 servers for managing the increased number of system users who need to submit applications;
Instituting a "CAPTCHA" feature at the iCERT login stage to ensure individuals, as opposed to computer algorithms, are interacting with the system, and;
Continuing to perform intensive testing and performance tuning on the iCERT system to simulate the functional load volume and activity of a large number of simultaneous system users.

The H-2B program is statutorily limited to 66,000 worker positions annually with 33,000 allocated to each half of the fiscal year. H-2B applications are date and time stamped to establish the order of submission, because of the demand for the program. A huge surge in user activity is expected upon the reopening of the iCERT System on January 7, especially in the first 15 minutes. The non-H-2B users should not attempt to log into the system until 3:00 p.m. The Department's iCERT Rapid Response Team will be monitoring the system's servers continuously when services are restored.

Out of an abundance of caution, we have established and will be prepared to activate a backup solution should an unlikely new system disruption occur. We understand how important our programs are for employers and realize this workforce is critical to meeting the seasonal needs of many employers across the nation.

January 3, 2019. OFLC Issues Status Update on Availability of the iCERT System

The iCERT system for application processing is tentatively scheduled to open at 2:00 p.m. EST on MONDAY, JANUARY 7, 2019.

The Department is currently testing the system to process a record number of applicants. DOL has made 50 servers available for processing, more than eight times as many as available for processing on January 1, 2019.

To offer a further detailed update, senior leaders of the Employment and Training Administration will be conducting a conference call TOMORROW, FRIDAY, JANUARY 4, 2019 at 2:00 p.m EST. to provide a further update on the status of the iCERT system. The conference call can be accessed by calling 1-888-946-6304 and using participant code 9462870.

January 3, 2019. OFLC Issues Frequently Asked Question Regarding H-2A Applications Impacted by the iCERT system failure on January 1

QUESTION : I am an H-2A employer impacted by the iCERT system failure that occurred in the early morning of January 1, 2019, and was not able to file my application 45 days before the start date of work. When system service is restored, will the Chicago NPC consider the recent system outage as a qualifying emergency?

ANSWER : Yes. The Department recognizes that some employers are not able to submit their H-2A applications at least 45 calendar days before the start date of work due to the temporary iCERT system outage. We consider this situation to qualify as good and substantial cause under 20 CFR 655.134. When the Department has restored system service, employers with start dates of need less than 45 days from the date of restored service may file their H-2A applications with the Chicago NPC using emergency procedures and should include a statement that their request for a waiver of the regulatory timeframe for filing is based on the temporary iCERT system outage.

January 3, 2019. OFLC Issues Frequently Asked Questions Regarding H-2B Applications Mailed to the Chicago NPC

QUESTION : I am an employer impacted by the iCERT system failure that occurred in the early morning of January 1, 2019. May I submit my H-2B application by mail to the Chicago National Processing Center (NPC)?

ANSWER : Yes. In accordance with 20 CFR 655.15(c), an employer may submit the H-2B Application for Temporary Employment Certification and all required supporting documentation to the NPC either electronically or by mail. An employer submitting by mail must send the H-2B application to the address listed below.

Office of Foreign Labor Certification
Chicago National Processing Center
11 West Quincy Court
Chicago, IL 60604-2105
ATTN: H-2B Program Unit

The Chicago NPC does not accept hand delivered applications.

QUESTION : I am an employer who mailed an H-2B application to the Chicago NPC and I understand from the Department of Labor's June 1, 2018, public announcement that applications are assigned to analysts based on the calendar date and time on which the applications are received. What procedures does the Chicago NPC use for mailed-in applications and how are the receipt dates and times affixed to these applications?

ANSWER : The Chicago NPC receives two shipments of mail each business day; one at approximately 10:00AM Central Standard Time (CST) and a second one at 2:00PM CST. For each shipment received, consistent with standard operating procedures, the Chicago NPC opens each mail item and establishes a receipt date. The following summarizes how the Chicago NPC handles mailed-in applications:

Each application is assigned to a Chicago NPC data entry clerk;
All data from each mailed-in application is fully entered into the iCERT system by an assigned data entry clerk based on the receipt date;
Each application is assigned a date and timestamp based on the date and time the Chicago NPC data entry clerk submits the application after completing the data entry, not the date the application is originally received at the Chicago NPC; and
After each application is submitted for processing by the Chicago NPC data entry clerk, the iCERT system issues a courtesy email notification that includes the date and timestamp of submission.

Important Note: As a result of the process described above, applications sent by mail will generally be filed in the system more slowly. The opening of mail and subsequent timely entry of the mailed-in applications is highly sensitive to the level of data entry resources available at the Chicago NPC. Submitting identical applications electronically and by mail is also not recommended and it may delay the processing of your application.

January 2, 2019. Important Announcement Regarding the Availability of the iCERT System for H-2B Program Filings

Within the first five minutes of opening the semi-annual H-2B certification process on January 1, 2019, the U.S. Department of Labor iCERT system had an unprecedented demand for H-2B certifications with more than 97,800 workers requested in pending applications for the 33,000 available visas. With more than thirty-times the user demand on the iCERT system compared to last year on January 1, the iCERT system experienced a system disruption. The Employment and Training Administration, working with the Department of Labor's Office of the Chief Information Officer, is working diligently to have the system ready within a few days to accept a record number of H-2B applications. Enhancing system capacity and dealing with other factors such as the possible use of automated script programs during the application process are being addressed in iCERT to ensure certifications can be processed. As previously stated, the Department will be giving at least 24 hours' notice before the iCERT system is re-opened. A further update will be provided on Thursday, January 3, 2019.

Calendar Year 2018

December 27, 2018. OFLC National Processing Centers Are Open

The Department of Labor's (DOL) Office of Foreign Labor Certification (OFLC) is making this announcement to assure employers and other interested stakeholders that the temporary lapse in appropriations for some Federal government programs and activities does not directly impact the administration of OFLC programs. A full year appropriations through September 30, 2019, for all DOL program and activities was enacted by Congress on September 28, 2018. The OFLC national processing centers and the iCERT System are open and operating as normally scheduled.

December 27, 2018. H-2B Application Filing Timelines

The Department of Labor's Office of Foreign Labor Certification (OFLC) is making this announcement to remind employers and other interested stakeholders that H-2B Applications for Temporary Employment Certification, Form ETA-9142B, with April 1, 2019, start dates may be filed no earlier than January 1, 2019 at 12:00:00.000 a.m. Eastern Time. Applications with an April 1 start date that are filed before January 1, 2019 at 12:00:00.000 a.m. Eastern Time will be denied, and the employer will be required to refile its application. Filers are reminded that OFLC's technology servers are located in the Eastern Time Zone; therefore, the time an application is received is based on Eastern Time. Please reference the H-2B processing guidance that was previously published as an announcement on OFLC's website on June 1, 2018, for additional information regarding OFLC's processing of H-2B applications.

December 26, 2018. New 2019 H-2A Monthly Adverse Effect Wage Rate (AEWR) for Herding or Production of Livestock on the Range

December 26, 2018. New 2019 H-2A Hourly Adverse Effect Wage Rates (AEWR) by State

December 21, 2018. Clarifications to Non-Substantive Application Form Changes in the H-2A and H-2B Programs

The Employment and Training Administration's Office of Foreign Labor Certification (OFLC) is issuing clarifications to the non-substantive changes to application forms for temporary labor certification under the H-2A and H-2B programs. The below Frequently Asked Questions are intended to provide employers with assistance in completing Section H, items H.6a, H.6b, and/or H.6c, before the application can be submitted.

QUESTION : I am a small employer that does not maintain a website where U.S. workers can apply for my job opportunities. Can I comply with the collection requirements in Section H.6.c, Forms ETA-9142A and 9142B, by entering the website of the State Workforce Agency (SWA) where I placed my job opportunity for recruiting U.S. workers?

ANSWER : Yes. The general instructions for Section H.6.c, Forms ETA-9142A and 9142B, require the employer to provide a website address where U.S. workers can apply, or enter "N/A" where no website address is available. The employer is also required to use a valid format when entering the website address, and the general instructions identify a number of valid website address suffixes, including those covering government agencies. Because employers are required by regulation to place job orders with the SWA and place other advertisements directing applicants to apply for the job opportunity at the nearest SWA in the states in which their advertisements appear, and include contact information for the relevant SWA in their advertisements, the employer may enter the website address of the SWA where the job opportunity is posted in Section H.6.c. Employers are reminded to report SWA referrals of qualified and available U.S. workers on their recruitment reports.

QUESTION : I am completing my application and usually do not include a phone number, email address, or website address for the State Workforce Agency (SWA) job order. Do I need to edit my job order to include the same information in Sections H.6.a, H.6.b., and H.6.c.?

ANSWER : No. The Department will review the application along with the SWA job order and issue a Notice of Deficiency (NOD) where the employer or their authorized agents or attorneys provide contact information (e.g., phone, email, web site) that is different from that provided on the SWA job order. For instance, if the employer or its authorized agent or attorney provides a phone number and email address as its contact information on the SWA job order where U.S. workers can apply, and the information submitted on the Forms ETA-9142A or 9142B is different, a NOD will be issued to provide the employer with an opportunity to correct the discrepancy. However, if an employer or its authorized agent or attorney provides other methods of contact information on the SWA job order, such as a fax number and physical address, the Department will not issue a NOD but will view this as additional methods for U.S. workers to apply for the job.

IMMEDIATE ACTION REQUIRED : December 19, 2018. Non-Substantive Form Changes to iCERT Data Collection in the H-2A and H-2B Programs

Important Notice: Employers that have prepared cases in iCERT, but have not yet submitted them, will need to login to iCERT and complete Section H, items H.6a, H.6b, and/or H.6c, before the application can be submitted. If two of the three items are not completed, employers will not be able to submit their application.

The Employment and Training Administration's Office of Foreign Labor Certification (OFLC) will be implementing non-substantive changes to application forms for temporary labor certification under the H-2A and H-2B programs. These changes are intended to offer greater assistance to prospective U.S. workers applying for job opportunities. Employers that have prepared cases in iCERT, but have not yet submitted them, will need to take additional actions on their application .

As of December 19, 2018, OFLC implemented non-substantive changes to Section H, items H.6a, H.6b, and H.6c, on the Forms ETA-9142A and ETA-9142B. These changes have been approved by the Office of Management and Budget.

Specifically, the revised application forms require collection of the following information related to recruiting U.S. workers for the employer's job opportunity: (1) a phone number where U.S. workers can apply, (2) an email address where U.S. workers can apply, and (3) a website address where U.S. workers can apply. As per the instructions, an employer must provide a minimum of two of the three categories of information through which prospective U.S. workers can contact the employer and apply for the job opportunity.

Stakeholders can access a copy of the form instructions and revised Forms ETA-9142A and ETA-9142B here .

December 17, 2018. Acceptance of H-2B Applications for January 2019

The H-2B Application for Temporary Employment Certification, Form ETA-9142B and all appendices, are set to expire on December 31, 2018. The Department is seeking approval from the Office of Management and Budget (OMB) to extend these application forms in one-month increments starting January 2019. Until OMB grants approval, employers are permitted to continue filing H-2B applications using the current forms, including any approved one-month extensions, starting January 1, 2019.

December 14, 2018. Revised Form ETA-9035/9035E Presentation and Informational Materials

The revised Form ETA-9035/9035E PowerPoint presentation can be accessed on the Office of Foreign Labor Certification's Additional Resources tab located here . Also posted under the Additional Resources tab is a side-by-side comparison of the major form revisions and factsheet that provides further explanation of the revisions.

December 11, 2018. Extension of H-2A and H-2B Notices of Proposed Rulemaking (NPRM) Comment Period

On November 9, 2018, the Department of Labor (DOL) published in the Federal Register a NPRM to modernize the advertising requirements for the H-2A program. On November 9, 2018, DOL also jointly published with the Department of Homeland Security, a separate NPRM proposing to modernize the advertising requirements for the H-2B program.

Both NPRMs provide for the submission of public comments through December 10, 2018. In response to requests to extend the comment period, DOL has published subsequent notices in the Federal Register to extend both comment periods through December 28, 2018.

The H-2A Federal Register notice can be accessed here:

https://www.federalregister.gov/documents/2018/12/10/2018-26766/modernizing-recruitment-requirements-for-the-temporary-employment-of-h-2a-foreign-workers-in-the#addresses

The H-2B Federal Register notice can be accessed here:

https://www.federalregister.gov/documents/2018/12/10/2018-26767/modernizing-recruitment-requirements-for-the-temporary-employment-of-h-2b-foreign-workers-in-the

December 4, 2018. Webinar Announcement: PERM Helpdesk Inquiry Submission Process

As part of the Office of Foreign Labor Certification's (OFLC) continuing efforts to increase public outreach and awareness, OFLC will host a a webinar on Wednesday, December 19, 2018, designed to provide technical assistance regarding the Electronic Helpdesk Inquiry Submission Process associated with the Permanent Labor Certification Online System Helpdesk Module. Details of the webinar are as follows:

DATE: Wednesday, December 19, 2018

TIME: 2:00 p.m. to 3:30 p.m. EST

Link to the webinar:
https://dol.webex.com/dol/j.php?MTID=m2474cd0ef88e547ee22c2a879c30f9d5

Teleconference: 1-877-917-3612
Attendee access code: 7763886
Meeting password: Welcome!68

November 28, 2018. H-2B Program: Form ETA-9142B filing tip for jobs covered by temporary need exemption under the National Defense Authorization Act for Fiscal Year 2019

The Office of Foreign Labor Certification (OFLC) is announcing a new filing tip for employers submitting an H-2B Form ETA-9142B in connection with a future filed H-2B nonimmigrant petition that falls under section 1045 of the National Defense Authorization Act (NDAA) for Fiscal Year 2019, as discussed in United States Citizenship and Immigration Services (USCIS) Policy Memorandum, PM-602-0164, for services or labor to be performed by H-2B workers in the Commonwealth of the Northern Mariana Islands (CNMI). An employer requesting H-2B temporary labor certification, whose job opportunity qualifies for the NDAA temporary need exemption described in PM-602-0164, should indicate such exemption in Section B.9 (Statement of Temporary Need) of the Form ETA-9142B in lieu of a temporary need statement. Specifically, a qualifying employer should enter the following statement in Section B.9: "N/A - job opportunity for services or labor to be performed by H-2B workers in the CNMI qualifies for NDAA temporary need exemption under USCIS PM-602-0164." This standard language is designed to provide employers with an efficient and standard way to inform the OFLC Chicago National Processing Center that the job opportunity being requested for temporary labor certification is subject to the statutory exemption.

As USCIS will make the final decision as to whether an H-2B petition is covered by the provisions of section 1045 of the NDAA, and eligibility for the H-2B classification, employers are encouraged to review eligibility criteria carefully in PM-602-0164, which is available on USCIS's website here: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-10-01-PM-602-0164-H-2B-Policy-Memorandum-to-Interpret-Guam.pdf .

November 21, 2018. California Wildfires Guidance

Please click here for guidance regarding reasonable case-accommodations in light of the damage done by the California wildfires.

November 20, 2018. Webinar Announcement: Employer Filing Tips for Submitting the Form ETA-9035/9035E, Labor Condition Application (LCA)

As part of the Office of Foreign Labor Certification's (OFLC) ongoing efforts to increase public outreach and awareness, OFLC will host two additional webinars on November 28, 2018, designed to provide technical assistance to employers and, if applicable, their authorized attorneys or agents on how to complete and submit an LCA using the revised Form ETA-9035/9035E.

Details of the webinars are as follows:

DATE: November 28, 2018

TIME: 10:00 a.m. - 11:00 a.m. EST (Webinar 1)
3:00 p.m. - 4:00 p.m. EST (Webinar 2)

LINK to 10:00 a.m. EST presentation:
https://dolevents.webex.com/dolevents/onstage/g.php?
MTID=e23189a272278e5dceaf5f2ec6a656b3e

LINK to 3:00 p.m. EST presentation:
https://dolevents.webex.com/dolevents/onstage/g.php?
MTID=e8c7f5f0a2bc1942b02a0cfc906e88396

Teleconference:   Toll Free Phone Number: 888-955-8963
Toll Number: 1-517-308-9289
Participant Passcode: 5549214
Meeting password: Welcome!68

November 16, 2018. USDA Release of 2018 Farm Labor Survey

On November 15, 2018, the United States Department of Agriculture (USDA) issued the Farm Labor Survey (FLS) report in which it established the average annual wage rates, by region and the United States, for field and livestock workers. The Department of Labor (Department) relies on the average annual combined hourly wage for field and livestock workers in order to establish the Adverse Effect Wage Rates (AEWR) in the H-2A program. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment, so that the wages of workers similarly employed in the United States will not be adversely affected.

The Department is reviewing the USDA FLS average annual wage rates for 2019 and will soon publish a notice in the Federal Register announcing new AEWRs for each state. To obtain more information on the National Agricultural Statistic Service (NASS) surveys and reports, please call the NASS Agricultural Statistics Hotline at (800) 727-9540, 7:30 a.m. EST to 4:00 p.m. EST, or e-mail: nass@nass.usda.gov . You can access a copy of the latest USDA FLS report .

November 14, 2018. H-2A and H-2B Notices of Proposed Rulemaking

The Department of Labor (DOL) published a notice of proposed rulemaking (NPRM) in the Federal Register proposing to modernize the advertising requirements for the H-2A program. DOL also published, jointly with the Department of Homeland Security, a separate NPRM proposing to modernize the advertising requirements for the H-2B program. More information about the NPRMs are available by clicking on H-2A program and H-2B program .

November 13, 2018. The Employment and Training Administration Announces iCERT Enhancements to Improve Customer Service in the H-2A and H-2B Programs

The Employment and Training Administration's Office of Foreign Labor Certification today implemented new enhancements to the iCERT system related to the submission of applications for temporary labor certification under the H-2A and H-2B programs. These enhancements are intended to improve customer service and increase the quality of applications submitted for processing.

These enhancements include data validation checks designed to assist employers in preparing H-2A and H-2B applications according to the required form fields and instructions approved by the Office of Management and Budget. Specifically, employers preparing applications must ensure that each required field of the Form ETA-9142A, H-2A Application for Temporary Employment Certification, and ETA-9142B, H-2B Application for Temporary Employment Certification, is completed before submitting to the National Processing Center for processing. As a reminder, the iCERT system helps employers prepare applications by displaying mandatory fields on the Forms ETA-9142A and 9142B with an asterisk (*), and conditional mandatory fields with a section symbol (§) where the response is conditioned on one or more previous form entries.

November 8, 2018. OMB Approval of Revisions to the ETA Form 9035/9035E and WH-4

In accordance with the Secretary's June 6, 2017, News Release , which calls for form changes to better protect American workers, confront fraud, and increase transparency, the Office of Foreign Labor Certification (OFLC) is announcing revisions to the Labor Condition Application (LCA) information collection. The revisions include the ETA Form 9035/9035E, Labor Condition Application for Nonimmigrant Workers, for H-1B, H-1B1, and E-3 Nonimmigrants; Form WH-4, Nonimmigrant Worker Information Form ; and all applicable instructions and electronic versions. The ETA Form 9035/9035E is used in the Department of Labor's (DOL) employment-based temporary immigration programs to request permission to bring foreign workers to the United States as nonimmigrants to perform certain work in specialty occupations or as fashion models of distinguished merit and ability. The WH-4 form is used to request that DOL's Wage and Hour Division initiate an investigation related to alleged violations of the H-1B, H-1B1, or E-3 program requirements.

IMPLEMENTATION PROCEDURES

The Department is updating the electronic filing system for the ETA Form 9035/9035E, and anticipates full implementation of the form on November 19, 2018. The existing ETA Form 9035/9035E remains valid and the public can continue to file it until November 19, 2018. Employers or their authorized representatives filing the ETA Form 9035/9035E on or after November 19, 2018, must use the revised form approved by the Office of Management and Budget.

OFLC will host two webinars on November 14, 2018, designed to provide technical assistance to employers and, if applicable, their authorized attorneys or agents in completing and submitting an LCA using the revised ETA Form 9035/9035E.

November 8, 2018. Webinar Announcement: Employer Filing Tips for Submitting the ETA Form 9035/9035E, Labor Condition Application for Nonimmigrant Workers (LCA)

As part of the Office of Foreign Labor Certification's (OFLC) ongoing efforts to increase public outreach and awareness, OFLC will host two webinars on November 14, 2018, designed to provide technical assistance to employers and, if applicable, their authorized attorneys or agents in completing and submitting an LCA using the revised ETA Form 9035/9035E.

Details of the webinars are as follows:

DATE: November 14, 2018

TIME: 10:00 a.m. - 11:00 a.m. EST (Webinar 1)
3:00 p.m. - 4:00 p.m. EST (Webinar 2)

LINK to 10:00 a.m. EST presentation:
https://dol.webex.com/dol/j.php?MTID=mc77b5aabb7e095b318ab08e8b3b7334f

LINK to 3:00 p.m. EST presentation:
https://dol.webex.com/dol/j.php?MTID=m3962017f417afc545b90e3e7bbab91c4

Teleconference: 800-779-7164
Attendee access code: 4194887
Meeting password: Welcome!24

November 8, 2018. FY 2018 H-2B Foreign Labor Recruiter List

By providing this Foreign Labor Recruiter List, OFLC is providing a greater level of transparency to the H-2B worker recruitment process and facilitating information sharing between the Department of Labor, other agencies, and the public. The list will be updated quarterly and can be accessed here . FAQs regarding the Foreign Labor Recruiter List have been posted as 2017 H-2B IFR FAQs Round 16 and can be accessed here . Archived Foreign Labor Recruiter Lists may be found here .

October 30, 2018. H-2B Employer Filing Tips Presentation

The H-2B webinar presentation, hosted on September 14, 2018, is posted under the H-2B Additional Resources link on the Office of Foreign Labor Certification's H-2B Visa Program web page. You can access the H-2B Temporary Program and H-2B Webinar September 14, 2018 at the following address https://foreignlaborcert.doleta.gov/pdf/H-2B_Stakeholder_Webinar_September_2018.pdf

October 29, 2018. Typhoon Yutu Guidance

Please click here for guidance regarding reasonable case-accommodations in light of the damage done by Typhoon Yutu.

October 25, 2018. Published 60 Day Notice for Information Collection Related to the H-2A Program

The Department of Labor published a 60-day notice in the Federal Register announcing its intent to revise application forms, instructions, and other information collected under the H-2A temporary agricultural visa program. The proposed revisions are designed to better align information collection requirements with the Department's H-2A regulations, provide greater clarity to employers on regulatory requirements, standardize and streamline information collection for employers preparing H-2A applications and job orders, and promote greater efficiency and transparency in the Office of Foreign Labor Certification's (OFLC) review and issuance of labor certification decisions. In part, the Department proposes revisions to the Forms ETA-9142A and ETA-790 to eliminate redundancy by collecting the material terms and conditions of the job opportunity in a significantly revised ETA-790 and ETA-790A with addenda and incorporating standardized language for required employer assurances. Any written comments must be submitted in accordance with the Federal Register notice instructions. Copies of the 60 day notice, Supporting Statement, and the proposed forms are provided below:

Federal Register Notice

October 18, 2018. iCERT System Maintenance

The iCERT system will be unavailable during the following time period for system maintenance: Thursday, October 18, 2018 from 8:00 pm ET to 11:00 pm ET.

October 16, 2018. FY 2018 Q4 Cumulative Disclosure Data

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 4 of FY 2018 are now available. Access to the disclosure files and corresponding record layouts are available on the OFLC Performance Data page .

October 16, 2018. FY 2018 Q4 Selected Statistics

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 4 FY 2018 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 9/30/2018. The updated program factsheets may also be found on OFLC's Performance Data page .

October 11, 2018. Hurricane Florence and Hurricane Michael Guidance

Please click here for guidance regarding reasonable case-accommodations in light of the damage done by Hurricane Florence and Hurricane Michael.

September 21-23, 2018. iCERT and PERM System Maintenance

iCERT and PERM systems will be unavailable during the following time period for system maintenance: Friday, September 21 8:00 pm ET through Sunday, September 23, 2018 until 2:00 pm ET.

September 20, 2018. OFLC Announces System Maintenance Outage Impacting the PERM System

The PERM system will be unavailable during the following time period for system maintenance: Thursday, September 20, 2018 from 8:00 pm ET until 11:00 pm ET.

September 17, 2018. Hurricane Florence Guidance

Please click here for guidance regarding reasonable case-accommodations in light of the damage done by Hurricane Florence.

September 13, 2018. H-2A Employer Filing Tips Presentation

The H-2A webinar presentation, hosted on August 23, 2018, is posted under the H-2A Additional Resources link on the Office of Foreign Labor Certification's H-2A Visa Program web page. You can access the H-2A Temporary Agricultural Program and H-2A Webinar August 2018 at the following address https://foreignlaborcert.doleta.gov/pdf/H-2A_Webinar_August_2018.pdf .

September 7, 2018. OFLC Announces 60-Day Public Comment Period on Proposed Revisions to Information Collection Under the H-2B Program

Federal Register Notice
60 Day Supporting Statement
Proposed Form ETA-9142B General Instructions
Proposed Form ETA-9142B
Proposed Form ETA-9142B Appendix A
Proposed Form ETA-9142B Appendix B
Proposed Form ETA-9142B Appendix C
Proposed Form ETA-9142B Appendix D
Proposed Form ETA-9142B E-Certification
Proposed Form ETA-9142B Seafood Attestation
Proposed Form ETA-9165 Instructions
Proposed Form ETA-9165
Proposed Form ETA-9155 Instructions
Proposed Form ETA-9155

August 30, 2018. Webinar Announcement: Employer Filing Tips for H-2B Labor Certification Applications

As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, OFLC will host a webinar on Friday, September 14, 2018, designed to educate stakeholders, program users, and other interested members of best practices associated with filing an application with the H-2B Labor Certification program.

Our objective for this webinar is to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will provide stakeholders with helpful practice tips when submitting their H-2B applications for temporary labor certification to the Chicago National Processing Center.

DATE: Friday, September 14, 2018

TIME: 2:00 PM to 3:00 PM EST

FORMAT: Webinar & conference call capability will be provided to maximize participation

TELEPHONE NUMBER: 888-324-8530

TELEPHONE PASSCODE: 1210601

Go to or click on: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e878822bcfc898df038f6389dbe656ba7
If prompted, please enter the appropriate contact information (first name, last name, email address)
If prompted, enter the event password: Welcome!24
Click on "Join Now"
To join and hear the audio, please dial the toll-free number 888-324-8530 and enter access code: 1210601 to hear the audio portion of the webinar or use the audio function of the WebEx software to stream audio.

August 24, 2018. The PERM Business Existence Online Registration Process Presentation

The PERM Business Existence Online Registration Process presentation, hosted on August 22, 2018, is posted under the PERM Webinars link on the Office of Foreign Labor Certification's Permanent Labor Certification Program web page. You can access the PERM presentation directly.

August 10, 2018. Webinar Announcement: Employer Filing Tips and Best Practices for H-2A Labor Certification Applications

As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, OFLC will host a webinar on Thursday, August 23, 2018, designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with the H-2A Labor Certification program.

Our objective for this webinar is to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will provide stakeholders with helpful practice tips when submitting their H-2A applications for temporary labor certification to the Chicago National Processing Center.

DATE: Thursday, August 23, 2018

TIME: 2:00 PM to 3:30 PM EST

FORMAT: Webinar & conference call capability will be provided to maximize participation

TELEPHONE NUMBER: 888-989-9783

TELEPHONE PASSCODE: 2923456

Go to or click on: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=ea5038a88b934a9d257256fd190821682
If prompted, please enter the appropriate contact information (first name, last name, email address)
If prompted, enter the event password: Welcome!24
Click on "Join Now"
To join and hear the audio, please dial the toll-free number 888-989-9783 and enter access code: 2923456 to hear the audio portion of the webinar or use the audio function of the WebEx software to stream audio.

August 10, 2018. FY 2018 H-2B Foreign Labor Recruiter List

By providing this Foreign Labor Recruiter List, OFLC is providing a greater level of transparency to the H-2B worker recruitment process and facilitating information sharing between the Department of Labor, other agencies, and the public. The list will be updated quarterly. Access the Foreign Labor Recruiter List . FAQs regarding the Foreign Labor Recruiter List have been posted as 2017 H-2B IFR FAQs Round 16. Archived Foreign Labor Recruiter Lists may be found here .

August 8, 2018. PERM Business Existence Online Registration Process

As part of the Office of Foreign Labor Certification's (OFLC) continuous efforts to enhance both internal and external customer service and increase public engagement, the OFLC will host an Online Registration Process webinar on Wednesday, August 22, 2018. This webinar is specifically designed to educate our external customers (e.g. stakeholders, program users, and other interested members of the public) on identified best practices associated with the Permanent Labor Certification program.

Additionally, our objective for this webinar is to provide general technical assistance that will provide stakeholders with helpful tips when submitting an online registration via the PERM Online System. Please be advised that this webinar will not address case specific inquiries.

DATE: Wednesday, August 22, 2018

TIME: 2:00 PM to 3:30 PM Eastern Standard Time

FORMAT: Webinar & conference call capability will be provided to maximize participation

TELEPHONE NUMBER: 1-888-324-9242

TELEPHONE PASSCODE: 9766277

Go to or click on: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=ef2eea551a0d1dd90686d573e95e8ebaf
If prompted, please enter the appropriate contact information (first name, last name, email address)
If prompted, enter the event password: Welcome!68
Click on "Join Now"
To join and hear the audio, please dial the toll-free number 1-888-324-9242 and enter access code: 9766277 to hear the audio portion of the webinar or use the audio function of the WebEx software to stream audio.

July 13, 2018. FY 2018 Q3 Cumulative Disclosure Data

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 3 of FY 2018 are now available. Access to the disclosure files and corresponding record layouts are available on the OFLC Performance Data page .

July 13, 2018. FY 2018 Q3 Selected Statistics

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 3 FY 2018 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 6/30/2018. The updated program factsheets may also be found on OFLC's Performance Data page .

July 2, 2018.

On July 1, 2018, OFLC uploaded the newest prevailing wage data from the Occupational Employment Survey as generated by the Bureau of Labor Statistics for the year from July 2018 - June 2019. The effective date is July 1, 2018. Prevailing wage determinations issued from the National Prevailing Wage Center will reflect the new data.

June 14, 2018.

The PERM Appeals Webinar presentation, hosted on June 13, 2018, is posted under the PERM Webinars link on the Office of Foreign Labor Certification's Permanent Labor Certification Program web page. You can access the PERM Webinar directly.

June 1, 2018. H-2B Processing Announcement

The Department of Labor's Office of Foreign Labor Certification (OFLC) is making this announcement to inform employers and other interested stakeholders how H-2B Applications for Temporary Employment Certification , Form ETA-9142B, filed by employers on or after July 3, 2018, will be assigned to staff for review in accordance with 20 C.F.R. 655.30.

Background
OFLC continues to experience significant increases in the number of H-2B applications requesting temporary labor certification, and those submissions are generally received on the earliest day employers, seeking to obtain visas for their workers under the semi-annual allotments, are permitted by regulation to file (i.e., 75 to 90 days before the start date of work). For example, in the past several second-half semi-annual filing cycles, the overwhelming majority of H-2B applications were received on January 1, which is the earliest date on which an H-2B application may be filed for a period of need beginning on April 1. Because of the intense competition for H-2B visas in recent years, the semi-annual visa allocation, and the regulatory timeframes for filing a request for temporary labor certification, stakeholders have also raised questions regarding the earliest time of day on which an application can be submitted to OFLC. In order to process the significant surge of applications that OFLC expects to receive in a short period of time during the semi-annual visa allotment periods in a more equitable manner and to clarify the time at which an application is received, OFLC will be implementing the following procedures.

Process Announcement
For H-2B applications filed on or after July 3, 2018, OFLC will sequentially assign H-2B applications to analysts based on the calendar date and time on which the applications are received (i.e., receipt date and time). Receipt time will be measured to the millisecond, e.g., 12:00:00.000 a.m. OFLC's technology servers are located in the Eastern Time Zone; therefore, the time an application is received and assigned to analysts is based on Eastern Time (ET). Applications submitted from other time zones may be filed as early as 12:00:00.000 a.m. ET, as discussed below.

Instructive Examples Related to Time Zones
Applicants wishing to file their H-2B applications at the earliest possible time may begin filing at 12:00:00.000 a.m. ET on the appropriate calendar day. As noted above, application receipt time is based upon ET. Receipt time is not based on the time zone covering the geographic location in which the applicant is filing, nor is it based on the time zone covering the geographic location in which the job is located. For example, applicants seeking to file an H-2B application from a location outside the Eastern Time Zone at the earliest possible filing time for the first-half semi-annual filing cycle of FY 2019 should file at 12:00:00.000 a.m. ET on July 3, 2018; not 12:00:00.000 a.m. in any other time zone in which that person is located on July 3, 2018.

As noted above, receipt time will be measured to the millisecond. The following examples help illustrate how the receipt date and time will be recorded on H-2B applications filed with OFLC:

An H-2B application filed and received on July 3, 2018 at 12:00:00.000 a.m. ET will be stamped with a receipt date and time of July 3, 2018 at 12:00:00.000 a.m. ET;
An H-2B application filed and received on July 3, 2018 at 12:00:00.000 a.m. Pacific Time (PT) will be stamped with a receipt date and time of July 3, 2018 at 3:00:00.000 a.m. ET;
An H-2B application filed and received on July 2, 2018 at 9:00:00.000 p.m. PT will be stamped with a receipt date and time of July 3, 2018 at 12:00:00.000 a.m. ET;
An H-2B application filed and received on January 1, 2019 at 12:00:00.000 a.m. Central Time (CT) will be stamped with a receipt date and time of January 1, 2019 at 1:00:00.000 a.m. ET; and
An H-2B application filed and received on December 31, 2018 at 11:00:00.000 p.m. CT will be stamped with a receipt date and time of January 1, 2019 at 12:00:00.000 a.m. ET.

May 31, 2018. H-1B Form ETA-9035/9035E Extended

The Labor Condition Application for Nonimmigrant Workers, Form ETA-9035/9035E has been extended through June 30, 2018. OFLC's request for a three-year extension is currently under review with the Office of Management and Budget (OMB). OFLC will continue to extend the form in one-month increments until approved by OMB. For complete details see the Federal Register notice for OMB control number 1205-0310.

May 31, 2018. ETA Form 9142-B-CAA-2

The Office of Foreign Labor Certification (OFLC) has published ETA Form 9142-B-CAA-2 and the accompanying instructions in support of the temporary rule jointly issued by the Department of Homeland Security and the Department of Labor, titled "Exercise of Time-Limited Authority to Increase the Fiscal Year 2018 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program." The temporary rule was published in the Federal Register on May 31, 2018, with an immediate effective date. The Secretary of Homeland Security has decided, after consultation with DOL, to increase the H-2B cap for FY 2018 by up to 15,000 additional visas for American businesses that are likely to suffer irreparable harm (that is, permanent and severe financial loss) without the ability to employ all of the H-2B workers requested on their respective petitions before the end of FY 2018. 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 before the end of Fiscal Year 2018. The attestation is also available on the Forms and Instructions section of the OFLC website found at: https://www.foreignlaborcert.doleta.gov/form.cfm

May 30, 2018. OFLC Announces System Maintenance Outage Impacting the PERM System

The PERM system will be unavailable during the following time period for system maintenance: Thursday, May 31, 2018 from 8:00 pm ET until 11:00 pm ET.

May 15, 2018. PERM Form ETA 9089 Extended

The Office of Management and Budget granted the Department approval of a three year extension for the Form ETA-9089 (1205-0451). The Form ETA-9089 is available on the Foreign Labor Certification Forms page. The Departments PERM Online Filing System will be updated in the coming weeks. Once available, the Department will notify the public.

May 15, 2018. Webinar Announcement: PERM Appeals

As part of the Office of Foreign Labor Certification's (OFLC) continuous efforts to enhance both internal and external customer service and increase public engagement, the OFLC will host an Appeals webinar on Wednesday, June 13, 2018. This webinar is specifically designed to educate our external customers (e.g. stakeholders, program users, and other interested members of the public) on identified best practices associated with the Permanent Labor Certification program.

Additionally, our objective for this webinar is to provide general technical assistance that will provide stakeholders with helpful tips when submitting a PERM Appeals response to the Atlanta National Processing Center. Please be advised that this webinar will not address case specific inquiries.

DATE: Wednesday, June 13, 2018

TIME: 2:00 PM to 3:30 PM Eastern Standard Time

FORMAT: Webinar & conference call capability will be provided to maximize participation

TELEPHONE NUMBER: 800-619-9983

TELEPHONE PASSCODE: 1185981

Go to or click on: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e2ab84c73e041e15273c07c00156f38d8
If prompted, please enter the appropriate contact information (first name, last name, email address)
If prompted, enter the event password: Welcome!68
Click on "Join Now"
To join and hear the audio, please dial the toll-free number 800-619-9983 and enter access code: 1185981 to hear the audio portion of the webinar or use the audio function of the WebEx software to stream audio.

April 30, 2018. Prevailing Wage Concepts for H-2B Surveyors and General Filing Tips

The H-2B Prevailing Wage Webinar presentation on Concepts for H-2B Surveyors and General filing tips, hosted on April 3, 2018, is posted under the Helpful Filing Tips on the Office of Foreign Labor Certification's H-2B web page, under Prevailing Wage Information. You can access this presentation directly at https://www.foreignlaborcert.doleta.gov/2015_H-2B_IFR.cfm .

April 20, 2018. iCERT and PERM System Maintenance

Due to planned maintenance, service interruptions and degraded performance may be possible for both the iCERT and PERM systems from 8:00 pm EDT on Friday, April 20, 2018 until 11:00 pm EDT on Sunday, April 22, 2018.

April 20, 2018. FY 2017 H-2B Foreign Labor Recruiter List

By providing this Foreign Labor Recruiter List, OFLC is providing a greater level of transparency to the H-2B worker recruitment process and facilitating information sharing between the Department of Labor, other agencies, and the public. The list will be updated quarterly and can be accessed here . FAQs regarding the Foreign Labor Recruiter List have been posted as 2017 H-2B IFR FAQs Round 16 and can be accessed here . Archived Foreign Labor Recruiter Lists may be found here .

April 12, 2018. FY 2018 Q2 Cumulative Disclosure Data

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 2 of FY 2018 are now available. Access to the disclosure files and corresponding record layouts are available on the OFLC Performance Data page .

April 12, 2018. FY 2018 Q2 Selected Statistics

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 2 FY 2018 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 3/31/2018.The updated program factsheets may also be found on OFLC's Performance Data page .

March 22, 2018. Federal Register Notice. Labor Certification Process for the Temporary Employment of H-2A and H-2B Foreign Workers in the United States: Annual Update to Allowable Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including Lodging

The Employment and Training Administration (ETA) of the Department of Labor has issued a Notice to announce the annual update to the allowable charges that employers seeking H-2A workers in occupations other than range herding 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. To read the Notice, please click here .

March 15, 2018. NPWC Webinar: H-2B Survey Concepts and Employer Filing Tips

As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, OFLC's NPWC will host a webinar on Tuesday, April 3, 2018 designed to educate surveyor's, stakeholders, program users, and other interested members of the public on H-2B surveyor concepts and general filing tips. The first hour will focus on information to surveyors and the second hour will have more general information for PWD requestors and employers.

DATE: Tuesday, April 3
TIME: 1:00 PM to 3:00 PM EST
FORMAT: Webinar & conference call capability will be provided to maximize participation; Link to Webinar: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=ee2e492e153621e23cc5c6cc1e6adbbc1
PASSWORD: Welcome!!23
TELEPHONE NUMBER: 800-779-9039
TELEPHONE PASSCODE: 6217706

March 13, 2018.

The PERM Webinar presentation, hosted on March 7, 2018, is posted under the PERM Webinars link on the Office of Foreign Labor Certification's Permanent Labor Certification Program web page. You can access the PERM Webinar directly.

February 27, 2018. Webinar Announcement: PERM Supervised Recruitment

As part of the Office of Foreign Labor Certification's (OFLC) continuous efforts to enhance both internal and external customer service and increase public engagement, the OFLC will host a Supervised Recruitment webinar on Wednesday, March 7, 2018. This webinar is specifically designed to educate our external customers (e.g. stakeholders, program users, and other interested members of the public) on identified best practices associated with the Permanent Labor Certification program.

Additionally, our objective for this webinar is to provide general technical assistance that will provide stakeholders with helpful tips when submitting a PERM Supervised Recruitment response to the Atlanta National Processing Center. Please be advised that this webinar will not address case specific inquiries.

DATE: Wednesday, March 7, 2018

TIME: 2:00 PM to 3:30 PM Eastern Standard Time

FORMAT: Webinar & conference call capability will be provided to maximize participation

TELEPHONE NUMBER: 888-282-0371

TELEPHONE PASSCODE: 6854311

Go to or click on: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e35893c21221a8e89f25a00876613ff74
If prompted, please enter the appropriate contact information (first name, last name, email address)
If prompted, enter the event password: Welcome!24
Click on "Join Now"
To join and hear the audio, please dial the toll-free number 888-282-0371 and enter access code: 6854311 to hear the audio portion of the webinar or use the audio function of the WebEx software to stream audio.

February 27, 2018. OFLC Announces System Maintenance Outage Impacting the PERM System

The PERM system will be unavailable during the following time period for system maintenance: Thursday, March 1, 2018 from 8:00 pm ET until 11:00 pm ET.

January 29, 2018. FY 2018 H-2B Foreign Labor Recruiter List

By providing this Foreign Labor Recruiter List, OFLC is providing a greater level of transparency to the H-2B worker recruitment process and facilitating information sharing between the Department and other agencies and the public. H-2B Foreign Labor Recruiter List will be updated quarterly. FAQs regarding the Foreign Labor Recruiter List have been posted as 2017 H-2B IFR FAQs Round 16 and can be accessed. Archived Foreign Labor Recruiter Lists may also be found.

January 19, 2018. FY 2018 Q1 Cumulative Disclosure Data

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 1 of FY 2018 are now available. Access to the disclosure files and corresponding record layouts are available on the OFLC Performance Data page .

January 19, 2018. FY 2018 Q1 Selected Statistics

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 1 FY 2018 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 12/31/2017.The updated program factsheets may also be found on OFLC's Performance Data page .

January 17, 2018. H-2B Processing Announcement

The Department of Labor's (DOL) Office of Foreign Labor Certification (OFLC) is making this announcement to alert employers and other interested stakeholders about a process change to better assure fairness regarding the issuance of H-2B temporary labor certifications due to the unprecedented volume of applications received on January 1, 2018.

H-2B Visas: Statutory Background and OFLC Process

The Immigration and Nationality Act (INA) sets the annual number of aliens who may be issued H-2B visas or otherwise provided H-2B nonimmigrant status by the Department of Homeland Security (DHS) to perform temporary non-agricultural work at 66,000. Up to 33,000 H-2B visas may be issued in the first half of a fiscal year (October 1 to March 31), and the remaining semi-annual allocation of 33,000 visas will be available for employers seeking to hire H-2B workers during the second half of the fiscal year (April 1 to September 30). This announcement concerns the processing of the H-2B temporary labor certification applications for the April 1 - September 30, 2018 period of need.

OFLC process for obtaining an H-2B certification is a two-step process for employers. Employers must first file a complete and accurate Application for Temporary Employment Certification ( ETA Form 9142B ). Following review and acceptance from OFLC, the employer must then conduct recruitment of U.S. workers and file a recruitment report. The Department reviews those reports and issues final labor certification decisions to employers who comply with all regulatory requirements as they are returned to OFLC by employers. Employers granted temporary labor certification are then eligible to file a petition with the United States Citizenship and Immigration Services (USCIS) at the DHS.

Process Change for Granting Temporary Labor Certification

Because of the intense competition for H-2B visas in recent years, the semi-annual visa allocation, and the regulatory requirement that employers apply with OFLC for a temporary labor certification 75 to 90 days before the start date of work, employers who wish to obtain visas for their workers under the semi-annual allotment for periods of need beginning from April 1 - September 30, 2018, must promptly apply for a temporary labor certification and then file a petition with USCIS before the cap is reached. As a result, OFLC typically experiences a significant "spike" in labor certification applications at the beginning of January for temporary or seasonal jobs during the U.S.'s early spring and summer weather months.

Thus, on January 1, 2017 (FY 2017), OFLC received 1,538 applications covering approximately 26,673 worker positions for a work start date of April 1, 2017; approximately 80% of the entire semi-annual visa allocation of 33,000. By contrast, on January 1, 2018, OFLC received approximately 4,498 applications covering 81,008 worker positions requesting an April 1, 2018, start date of work. This unprecedented level of employer requests for H-2B workers on January 1, 2018 is approximately three times greater than the number of applications received on January 1, 2017, and more than two and one-half times greater than the 33,000 semi-annual visa allotment for FY 2018 permitted under the INA. In previous years, OFLC processed applications as expeditiously as possible in a manner irrespective of the time of day the application was filed, only focusing on processing applications by the day they were filed. Although OFLC is working as expeditiously as possible to issue first actions, review responses to Notices of Deficiency, and issue Notices of Acceptance, the overwhelming workload this year has strained OFLC's processing system and resulted in delays for the majority of all applications filed on January 1. OFLC expects the first 2,400 applications filed on January 1 (which represent approximately 40,000 worker positions) will be processed for first actions by next week, with the remainder of all filed applications processed for first actions in the weeks that follow.

Employers receiving Notices of Acceptance can proceed to meet the additional regulatory requirements, including recruitment of U.S. workers and submission of recruitment reports. Employers receiving Notices of Deficiency that are corrected, and who then receive a Notice of Acceptance, can also proceed to meet the additional regulatory requirements. In order to promote fairness for employers in accessing the H-2B program and due to the unprecedented volume of applications on January 1, OFLC is making a change to its process regarding the issuance of final labor certification decisions. This process change will better reflect the sequential order in which employers filed applications. Thus, OFLC will not begin releasing certified H-2B applications (Form ETA-9142B Application for Temporary Employment Certification) until February 20, 2018. On that day, OFLC will release certified H-2B applications that have met all regulatory requirements as of that day in sequential order based on the original calendar day and time the application was filed (i.e., receipt time) . Thereafter, OFLC will continue to release certified H-2B applications in a sequential manner until all applications are released. OFLC will continue to issue rejections, withdrawals, and denials of labor certification applications in accordance with standard procedures. This process change will allow employers who filed promptly on January 1, 2018, sufficient time to meet regulatory requirements, including the recruitment and hiring of qualified and available U.S. workers, thus preserving the sequential order of filing that took place on January 1, 2018, to the extent possible.

As required, OFLC will grant temporary labor certification only after the employer's H-2B application has met all the requirements for approving labor certification under 20 CFR 655.50 and the subpart. In accordance with regulatory requirements, OFLC will send all certified H-2B applications to the employer, or the employer's authorized attorney or agent, by means normally assuring next day delivery.

January 3, 2018. OFLC Issues Public Service Announcement Regarding H-2B Requests for Temporary Labor Certification, Second Half of Fiscal Year (FY) 2018

On January 1, 2018, the earliest date on which an employer seeking an employment start date of April 1 may file an H-2B application requesting temporary labor certification, OFLC received approximately 4,500 applications covering more than 81,600 worker positions . Except where a statutory exemption applies, the Department of Homeland Security (DHS) may only issue up to 33,000 H-2B visas for employers seeking to hire H-2B workers during the second half of FY 2018 (April 1 to September 30).

The OFLC takes each request for temporary labor certification seriously and administers the labor certification program in a manner that protects the wages and working conditions of both H-2B and U.S. workers who support the seasonal workforce needs of U.S. small businesses, consumers, and communities. We are working as expeditiously as possible to issue first case actions, review responses to Notices of Deficiency (NODs), and issue Notices of Acceptance where possible. First case actions are taken on a first filed basis and responses to NODs are evaluated in the order in which they are received.

Background on Statutory Limit of H-2B Visas

The Immigration and Nationality Act (INA) set at 66,000 the annual number of aliens who may be issued H-2B visas or otherwise provided H-2B nonimmigrant status by the DHS to perform temporary non-agricultural work. Up to 33,000 H-2B visas may be issued in the first half of a fiscal year (October 1 to March 31), and the remaining annual allocation will be available for employers seeking to hire H-2B workers during the second half of the fiscal year (April 1 to September 30). If insufficient petitions are approved to use all H-2B numbers in a given fiscal year, the unused numbers cannot be carried over for petition approvals in the next fiscal year.

On December 21, 2017, the DHS United States Citizenship and Immigration Services (USCIS) announced that the first half of the annual number of H-2B visas for Fiscal Year (FY) 2018 was reached and, except where a statutory exemption applies, USCIS will reject new H-2B petitions requesting an employment start date on or before March 31, 2018. In accordance with the INA, USCIS will accept new H-2B petitions for the remaining 33,000 visas available for FY 2018 where the employer has received a temporary labor certification from the DOL and requests an employment start date on or after April 1, 2018.

January 2, 2018. Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: Adverse Effect Wage Rate for Range Occupations in 2018; Correction

On December 22, 2017, the Employment and Training Administration (ETA) of the Department of Labor (Department) published in the Federal Register a notice announcing the new Adverse Effect Wage Rate (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) who perform herding or production of livestock on the range. AEWRs are the minimum wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment so that the wages of similarly employed U.S. workers will not be adversely affected. The Federal Register Notice presented the new AEWR as both $1,584.22/month and $1,548.22/month. The correct 2018 AEWR for herding or production of livestock on the range is $1,584.22/month.

On January 2, 2018, the Department published a correction notice in the Federal Register announcing the correct 2018 AEWR for herding or production of livestock on the range of $1,584.22/month. Visit https://www.federalregister.gov to read more.

Calendar Year 2017

December 28, 2017. New 2018 Herder H-2A Adverse Effect Wage Rates (AEWRs) - Correction

December 22, 2017. New 2018 Herder H-2A Adverse Effect Wage Rates (AEWRs)

On December 22, 2017, the Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the new Adverse Effect Wage Rate (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform herding or production of livestock on the range. AEWRs are the minimum wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment so that the wages of similarly employed U.S. workers will not be adversely affected. To read the Federal Register notice please click here .

December 21, 2017.

The PERM Webinar presentation, hosted on December 13, 2017, is posted under the PERM Webinars link on the Office of Foreign Labor Certification's Permanent Labor Certification Program web page .

December 21, 2017. New 2018 H-2A Adverse Effect Wage Rates (AEWRs)

The Department has published a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state, based on the Farm Labor Survey conducted by the U.S. Department of Agriculture. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular agricultural job and area, so that the wages of similarly employed U.S. workers will not be adversely affected. To read the Federal Register notice please click here .

November 27, 2017. Webinar Announcement: How to Upload PERM Documents into the Permanent Online System

As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, OFLC, the AXIS Management Group, and the Office of the Chief Information Officer (OCIO) will host a webinar on Wednesday, December 13, 2017, designed to educate stakeholders, program users, and other interested members of the public on best practices associated with the Permanent Labor Certification program.

Our objective for this webinar is to provide technical assistance to stakeholders with helpful practice tips on how to upload documentation into the Permanent Online System. The benefits of uploading documentation in the Permanent Online System include: immediate confirmation of successfully uploaded documentation; reducing cost and burden to stakeholders from submitting documentation via U.S. mail, e-mail and/or facsimile; streamlining process of submitting documentation; and expediting review of PERM applications.

DATE: Wednesday, December 13, 2017
TIME: 2:00 PM to 3:30 PM Eastern Standard Time
FORMAT: Webinar & conference call capability will be provided to maximize participation
TELEPHONE NUMBER: 888-324-7513
TELEPHONE PASSCODE: 6906613
1. Go to or click on: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=ea2fdf781fddada1121e2da3b7bbd675b
2. If prompted, please enter the appropriate contact information (first name, last name, email address)
3. If prompted, enter the event password: Welcome!25
4. Click on "Join Now"
5. To join and hear the audio, please dial the toll-free number 888-324-7513 and enter access code: 6906613 to hear the audio portion of the webinar or use the audio function of the WebEx software to stream audio.

November 16, 2017. USDA Release of 2017 Farm Labor Survey

On November 16, 2017, the United States Department of Agriculture (USDA) issued the Farm Labor Survey (FLS) report in which it established the average annual wage rates, by region and the United States, for field and livestock workers. The Department of Labor (Department) relies on the average annual combined hourly wage for field and livestock workers in order to establish the Adverse Effect Wage Rates (AEWRs) in the H-2A program. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment, so that the wages of workers similarly employed in the United States will not be adversely affected.

The Department is reviewing the USDA FLS average annual wage rates for 2017 and will soon publish a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state. To obtain more information on NASS surveys and reports, please call the NASS Agricultural Statistics Hotline at (800) 727-9540, 7:30 a.m. to 4:00 p.m. ET, or e-mail: nass@nass.usda.gov . You can access a copy of the latest USDA FLS report .

November 15, 2017. OFLC Announces System Maintenance Outage Impacting iCERT Systems

The iCERT system will be unavailable during the following time period for system maintenance:
Thursday, November 16, 2017 from 8:00 pm ET until 10:00 pm ET

November 9, 2017.

The H-2A Webinar presentation, hosted on October 31, 2017, is posted under the H-2A Additional Resources link on the Office of Foreign Labor Certification's H-2A Visa Program web page. You can access the H-2A Temporary Agricultural Program and the presentation directly.

November 2, 2017.

The H-2B Webinar presentation, hosted on October 25, 2017, is posted under the H-2B Additional Resources link on the Office of Foreign Labor Certification's H-2B Visa Program web page. You can access the H-2B Temporary Non-agricultural Program and the presentation directly.

October 27, 2017. ETA Announces Enhancement of its iCERT System to Improve Customer Service and Streamline Processing in the H-2A and H-2B Visa Programs

The State Workforce Agency (SWA) plays an important role supporting the Office of Foreign Labor Certification (OFLC) in processing employer applications requesting temporary labor certification under the H-2A agricultural and H-2B non-agricultural temporary visa programs. In the H-2A program, the SWA reviews the content of employer job orders prior to employer submission of the H-2A applications to the Chicago National Processing Center (CNPC), places approved job orders for intrastate and interstate recruitment of U.S. workers, and conducts safety inspections of employer-provided housing for temporary agricultural workers. In the H-2B program, the SWA reviews the employer's job order concurrently with the Certifying Officer (CO) at the CNPC, advises the CO of any job order deficiencies within six business days of receipt, promptly makes any modifications to the job order required by the CO, and places approved job orders for intrastate and interstate recruitment of U.S. workers.

During the course of processing an employer's application for H-2A or H-2B workers, the SWA currently provides the CO with required information and documentation using U.S. mail, electronic mail or facsimile. The iCERT System was not initially designed to permit SWA staff to upload responsive documents (e.g., housing certification) or input based on a review of the employer's job order directly to the employer's pending H-2A or H-2B application. As a result, the current process requires OFLC staff to invest time in receiving, tracking, and, where necessary, scanning and uploading each responsive document into the pending application assigned to the OFLC analyst for review. During certain seasons of the year when the H-2A and H-2B workloads are high, there can be delays associated with the time it takes for the SWA's information to get connected with the employer's pending application.

To help mitigate delays associated with connecting SWA documentation to the employer's pending H-2A or H-2B application and provide employers with better customer services, OFLC has released an enhancement to the iCERT System that will permit authorized SWA staff to electronically upload supporting documentation or other information directly to the employer's pending application for immediate review by the assigned CNPC analyst. OFLC expects that this new feature will ultimately eliminate the need for the SWAs to submit responsive documents via U.S. mail, e-mail or facsimile, and result in a more expedient review of the employer's pending H-2A or H-2B application. Initially, OFLC will be implementing this new enhancement in 33 states with the goal of full implementation nationwide no later than September 30, 2018:

Arizona
California
Colorado
Florida
Georgia
Idaho
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Jersey
New York
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington

October 24, 2017. FY 2017 H-2B Foreign Labor Recruiter List

Pursuant to 20 CFR § 655.9(c), the Office of Foreign Labor Certification (OFLC) is publishing an updated list of the names of foreign labor recruiters and the identity and location of persons or entities hired by or working for the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective H-2B temporary non-agricultural workers to perform the work described on their Form ETA-9142B, H-2B Application for Temporary Employment Certification . The H-2B Foreign Labor Recruiter List includes cumulative cases filed from July 28, 2016 through September 30, 2017.

FY 2017 Q4 Cumulative Disclosure Data

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 4 of FY 2017 are now available. Click here to access the disclosure files and corresponding record layouts.

October 19, 2017. FY 2017 Q4 Selected Statistics

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 4 FY 2017 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 9/30/2017. The updated program factsheets may also be found on OFLC's Performance Data page .

October 18, 2017. Webinar Announcement: Employer Filing Tips and Best Practices for H-2A Labor Certification Applications

As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, OFLC will host a webinar on Tuesday, October 31, 2017, designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with the H-2A Labor Certification program.

Our objective for this webinar is to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will provide stakeholders with helpful practice tips when submitting their H-2A applications for temporary labor certification to the Chicago National Processing Center.

DATE: Tuesday, October 31, 2017
TIME: 2:00 PM to 3:00 PM EST
FORMAT: Webinar & conference call capability will be provided to maximize participation
TELEPHONE NUMBER: 888-324-2611
TELEPHONE PASSCODE: 8502163

Go to or click on: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e20ea933e3267af5aa6b4221552ab752d

If prompted, please enter the appropriate contact information (first name, last name, email address)
If prompted, enter the event password: Welcome!24
Click on "Join Now"
To join and hear the audio, please dial the toll-free number 888-324-2611 and enter access code: 8502163 to hear the audio portion of the webinar or use the audio function of the WebEx software to stream audio.

October 18, 2017. Webinar Announcement: Employer Filing Tips and Best Practices for H-2B Labor Certification Applications

As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, OFLC will host a webinar on Wednesday, October 25, 2017, designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with the H-2B Labor Certification program.

DATE: Wednesday, October 25, 2017
TIME: 2:00 PM to 3:00 PM EST
FORMAT: Webinar & conference call capability will be provided to maximize participation
TELEPHONE NUMBER: 888-324-2611
TELEPHONE PASSCODE: 8502163

Go to or click on: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e11f2f059bc4a290558acbbbb0b70d5df

If prompted, please enter the appropriate contact information (first name, last name, email address)
If prompted, enter the event password: Welcome!24
Click on "Join Now"
To join and hear the audio, please dial the toll-free number 888-324-2611 and enter access code: 8502163 to hear the audio portion of the webinar or use the audio function of the WebEx software to stream audio.

October 13, 2017. H-2A 2010 Rule FAQs Round 13

The Office of Foreign Labor Certification (OFLC) has published Round 13 of Frequently Asked Questions (FAQs) related to H-2A Applications for Temporary Employment Certification under the 2010 Rule. This round, which covers questions related to H-2A newspaper advertisements, is posted on the OFLC website on the H-2A page, the FAQs page, and the FAQs Rounds page. To directly access the Round 13 FAQs.

October 6, 2017. OFLC Announces System Maintenance Outage Impacting PERM and iCERT Systems

The PERM and iCERT systems will be unavailable during the following time periods for system maintenance:

Friday, October 6, 2017 from 8:00pm ET until Tuesday, October 10, 2017, 6:00 am ET

September 26, 2017. OFLC Announces System Maintenance Outage Impacting the PERM System

The PERM system will be unavailable during the following time periods for system maintenance:

Thursday, September 28, 2017 from 8:00pm ET until Friday, September 29, 2017, 1:00 am ET

September 13, 2017. The Department has released its Foreign Labor Certification Annual Report for Fiscal Year (FY) 2016.

The FY 2016 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification, and Temporary Nonimmigrant Labor Certification for FY 2016. The report also contains State Employment-Based Labor Certification Profiles and top Country Employment-Based Immigration Profiles. Click here to view the 2016 Annual Report. A 508 compliant version will be posted as soon as it is available.

August 22, 2017.

The PERM Webinar presentation, hosted on August 16, 2017, is posted under the PERM Webinars link on the Office of Foreign Labor Certification's Permanent Labor Certification Program web page. To access this page, please click here.

August 25, 2017. OFLC Announces System Maintenance Outage Impacting the iCERT and PERM Systems

The iCERT and PERM systems will be unavailable during the following time periods for system maintenance:

Friday, August 25, 2017 from 10:30pm ET until Saturday, August 26, 9:30 am ET

August 3, 2017. Published 60 Day Notice for the LCA and WH-4

In accordance with the Secretary's June 6, 2017 News Release , which called for proposed form changes to better protect American workers, confront fraud, and increase transparency, the Department of Labor published a 60 day notice in the Federal Register announcing its intent to revise its information collection for the H-1B, H-1B1 and E-3 programs. The revision includes the Labor Condition Application for Nonimmigrant Workers (LCA) Form ETA 9035/ 9035E (electronic), Form ETA 9035CP accompanying instructions, a new Appendix for the Form ETA 9035/ 9035E, and the Wage and Hour Division's WH-4 Nonimmigrant Worker Information Form collection. Any written comments must be submitted in accordance with the Federal Register notice instructions. Copies of the notice and the proposed forms are below:

Federal Register 60 Day Notice
Proposed Form ETA 9035
Proposed Form ETA 9035CP Instructions
Proposed Form ETA 9035 Appendix A
Proposed Form WH-4
Proposed Form WH-4 Instructions
Supporting Statement
Supporting Statement Appendix
Table of Changes Form ETA 9035
Table of Changes Form ETA 9035CP
Table of Changes WH-4

July 19, 2017. ETA Form 9142-B-CAA

The Office of Foreign Labor Certification (OFLC) has published ETA Form 9142-B-CAA and the accompanying instructions in support of the temporary rule jointly issued by the Department of Homeland Security and the Department of Labor, titled "Exercise of Time-Limited Authority to Increase the Fiscal Year 2017 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program." The temporary rule was published in the Federal Register on July 19, 2017, with an immediate effective date. 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 for the second half of Fiscal Year 2017. The attestation is also available on the Forms and Instructions section of the OFLC website found at: https://www.foreignlaborcert.doleta.gov/form.cfm

July 18, 2017. FY 2017 Q3 Cumulative Disclosure Data

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 3 of FY 2017 are now available. Click here to access the disclosure files and corresponding record layouts.

July 18, 2017. FY 2017 Q3 Selected Statistics

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 3 FY 2017 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 6/30/2017. The updated program factsheets may also be found on OFLC's Performance Data page .

July 18, 2017. FY 2017 Q2 H-2B Foreign Labor Recruiter List

By providing this Foreign Labor Recruiter List, OFLC is providing a greater level of transparency to the H-2B worker recruitment process and facilitating information sharing between the Department and other agencies and the public. The list will be updated quarterly and can be accessed here . FAQs regarding the Foreign Labor Recruiter List have been posted as 2015 H-2B IFR FAQs Round 16 and can be accessed here .

July 17, 2017. H-2B Temporary Rule

Today the Secretary of Labor and the Secretary of Homeland Security signed a joint regulation allowing some seasonal American businesses who have tried and failed to find American workers to hire a limited number of foreign workers on a temporary basis. This regulation is needed to keep U.S. businesses open and their American workers employed; it is limited to those businesses who are in the most desperate straits. The text of the regulation may be found at the Federal Register . Inquiries should be directed to mediainquiry@h2.dhs.gov .

July 14, 2017. Webinar Announcement: PERM Audit Response Submission Practice Tips

As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, OFLC will host a webinar on Wednesday, August 16, 2017, designed to educate stakeholders, program users, and other interested members of the public on best practices associated with the Permanent Labor Certification program.

Our objective for this webinar is to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will provide stakeholders with helpful practice tips when submitting their PERM audit response to the Atlanta National Processing Center.

DATE: Wednesday, August 16, 2017
TIME: 2:00 PM to 3:30 PM EST
FORMAT: Webinar & conference call capability will be provided to maximize participation
TELEPHONE NUMBER: 800-779-9573
TELEPHONE PASSCODE: 6621869

Go to or click on: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e27f766e27a5436e353601816de7f99a6
If prompted, please enter the appropriate contact information (first name, last name, email address)
If prompted, enter the event password: Welcome!24
Click on "Join Now"
To join and hear the audio, please dial the toll-free number 800-779-9573 and enter access code: 6621869 to hear the audio portion of the webinar or use the audio function of the WebEx software to stream audio.

July 6, 2017. OFLC Announces System Maintenance Outage Impacting the iCERT System

The iCERT system will be unavailable during the following time periods for system maintenance:

Thursday, July 6, 2017 from 8:00pm - 12:00am ET

June 16, 2017: OFLC Announces 2010 H-2A FAQ on Rental Housing and Public Accommodations

The Office of Foreign Labor Certification (OFLC) has published a twelfth round of Frequently Asked Questions (FAQs) related to the filing and processing of H-2A Applications for Temporary Employment Certification covering issues related to the use of rental housing or public accommodations. These FAQs are intended to help H-2A employers better understand the filing and documentation requirements that are necessary for an employer to demonstrate that the housing being offered to accommodate H-2A foreign workers complies with applicable housing standards for rental housing and public accommodations. The Round 12 FAQs are posted on the OFLC website on the H-2A program page at https://www.dol.gov/agencies/eta/foreign-labor/programs/h-2a.cfm and the FAQs page at https://www.foreignlaborcert.doleta.gov/faqsanswers.cfm . To directly access the Round 12 FAQs, please click here .

June 7, 2017. OFLC Announces System Maintenance Outage Impacting the iCERT and PERM Systems

The iCERT and PERM systems will be unavailable during the following time periods for system maintenance:

Friday, June 9, 2017 from 8:00pm ET until Monday, June 12, 6:00 am ET

May 30, 2017. OFLC Announces Improvements to the PERM Sponsorship Verification Process

The Office of Foreign Labor Certification (OFLC) is currently working to streamline the PERM sponsorship verification process. Effective May 13, 2017, OFLC updated the automated email request for sponsorship verification process, allowing the employer to respond within 30 days by directly accessing the sponsorship questionnaire online. Employers who do not respond within seven (7) calendar days will be sent a follow up email reminding them that it has 23 days left to respond to the sponsorship request.

If applicable, the employer's attorney/agent will also receive a courtesy email regarding the employer's timeframe to respond to the sponsorship request. Failure to respond to the request within the established timeframe will result in a denial for failure to comply with the request for sponsorship verification. These emails will inform both the employer and the employer's attorney/agent of the consequences of failing to comply with the request for sponsorship verification.

If the employer does not have an email address listed on its ETA Form 9089, Application for Permanent Employment Certification, OFLC will verify sponsorship via a telephone call or a mailed request for sponsorship verification.

May 19, 2017. OFLC Announces System Maintenance Outage Impacting the iCERT and PERM Systems

The iCERT and PERM systems will be unavailable during the following time periods for system maintenance:

Friday, May 19, 2017 from 10:00pm ET until 12:00 am ET

May 18, 2017.

The PERM Webinar presentation, hosted on May 10, 2017, is posted under the PERM Webinars link on the Office of Foreign Labor Certification's Permanent Labor Certification Program web page. To access this page, please click here . To access the presentation directly, please click here.

May 11, 2017. OFLC Announces System Maintenance Outage Impacting the PERM System

The PERM system will be unavailable during the following time periods for system maintenance:

Thursday, May 11, 2017 from 8:00pm ET until 12:00 am ET

April 28, 2017. Webinar Announcement: Employer Filing Tips and Best Practices for Preparing and Submitting H-2B Prevailing Wage Requests

As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, the OFLC will host webinar on Thursday, May 18, 2017 designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with employer request for H-2B prevailing wage determinations (PWDs).

Our objective for the webinar is to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will improve the quality of applications submitted to the OFLC by providing:

Helpful filing tips to ensure quality PWD requests are submitted for processing;
Assistance in writing correct Job Duties and Occupations in the application;
Tips on how to avoid common deficiencies or errors that lead to Requests for Further Information (RFIs);
Recommendations on the use of surveys for PWD requests.

DATE: Thursday, May 18, 2017
TIME: 2:00PM to 4:00PM Eastern Standard Time
FORMAT: Webinar & conference call capability will be provided to maximize participation
PASSWORD: Welcome!25

Go to or click on: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e378bf63c1553fc5b5444b8c549e5cd0e
If prompted, please enter the appropriate contact information (first name, last name, email address)
If prompted, enter the event password: Welcome!25
Click on "Join Now"
To join and hear the audio, please dial the toll-free number 888-455-3756 and enter access code: 1965721 to hear the audio portion of the webinar or use the audio function of the Web Ex software to stream audio.

Apr 18, 2017. FY 2017 Q2 Cumulative Disclosure Data.

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 2 of FY 2017 are now available. Click here to access the disclosure files and corresponding record layouts.

Apr 18, 2017.

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 2 FY 2017 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 3/31/2017. The updated program factsheets may also be found on OFLC's Performance Data page .

Apr 18, 2017. OFLC Announces System Maintenance Outage Impacting the iCERT and PERM Systems

iCERT and PERM systems will be unavailable during the following time periods for system maintenance:

Friday, April 21, 2016 from 8:00pm ET until Monday, April 24, 2017 6:00 am ET

Apr 18, 2017. Federal Register Notice Announcing the 2017 Allowable Charges for Agricultural Workers' Meals and Travel Subsistence Reimbursement, Including Lodging for the H-2A and H-2B Programs

The Department of Labor has published a Notice in the Federal Register to announce the allowable charges for 2017 that employers seeking H-2A workers 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 in 2017 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 for the H-2A and H-2B programs. To read the Notice, please click here .

Apr 18, 2017. FY 2017 Q2 H-2B Foreign Labor Recruiter List

Pursuant to 20 CFR § 655.9(c), the Office of Foreign Labor Certification (OFLC) is posting an updated list of the names of foreign labor recruiters and the identity and location of persons or entities 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 Form ETA-9142B, H-2B Application for Temporary Employment Certification. The H-2B Foreign Labor Recruiter List includes cumulative cases filed from July 28, 2016 through March 31, 2017.

By providing this Foreign Labor Recruiter List, OFLC is providing a greater level of transparency to the H-2B worker recruitment process and facilitating information sharing between the Department and other agencies and the public. The list will be updated quarterly and can be accessed here . FAQs regarding the Foreign Labor Recruiter List have been posted as 2015 H-2B IFR FAQs Round 16 and can be accessed here .

Apr 12, 2017. Webinar Announcement: Employer Filing Tips and Best Practices for Preparing and Submitting Permanent Labor Certification Applications and PERM Prevailing Wage Requests

As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, the OFLC will host a webinar on Wednesday, May 10, 2017, designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with the Permanent Labor Certification program.

Discussing the E-issuance, E-Receipt and Upload Documents process;
Identifying how to avoid common deficiencies or frequent errors when preparing an ETA Form 9089 application;
Providing helpful practice tips to ensure quality applications are submitted for processing; and
Helpful tips for common deficiencies related to PERM prevailing wage requests.

DATE: Wednesday, May 10, 2017

TIME: 2:00 PM to 3:30 PM Eastern Standard Time

FORMAT: Webinar & conference call capability will be provided to maximize participation

EVENT NUMBER: 888-455-3756

PASSCODE: 6624633

Go to or click on:
https://dolevents.webex.com/dolevents/onstage/g.php?MTID=ec09f8a3a112fe1fd42884385558021bd
If prompted, please enter the appropriate contact information (first name, last name, email address)
If prompted, enter the event password: Welcome!24
Click on "Join Now"
To join and hear the audio, please dial the toll-free number 888-455-3756 and enter access code: 6624633 to hear the audio portion of the webinar or use the audio function of the Web Ex software to stream audio.

ETA Announces PERM Case Management System Enhancement to Streamline PERM Processes for Employers: Electronic Submission of Supporting Documentation

ETA has implemented a new enhancement to the PERM Case Management System (CMS) related to the submission of applications for permanent labor certification intended to reduce burdens on employers and streamline the processing of applications. Beginning on and after April 15, 2017, the PERM CMS will permit the submission of electronic documentation while the application is pending review and up to 30 calendar days after the notice of proposed final agency action is issued on an application. The Department expects that this new feature will eliminate the need for the employer or, if applicable, its authorized agent or attorney to submit responsive documents via U.S. mail, e-mail or facsimile, and result in a more expedient review of applications by connecting the responsive documents directly to the OFLC analysts assigned to the application.

To review the features of this new CMS enhancement, please download a copy of the PERM Quick Guide at https://www.plc.doleta.gov/onlinehelp.pdf .

March 10, 2017. PERM FAQ Round 14

In light of stakeholder input, which the Office of Foreign Labor Certification (OFLC) is considering, OFLC has temporarily removed from its website PERM FAQ Round 14 regarding Actual Minimum Requirements, originally published on March 6, 2017. OFLC will clarify and republish PERM FAQ Round 14 to provide additional information on its applicability to PERM applications and associated prevailing wage requests and determinations.

February 6, 2017. OFLC Announces Updates to H-2B Case Workload and Processing Times

The Department's Office of Foreign Labor Certification (OFLC) is providing additional processing information to employers who participate in the H-2B temporary nonimmigrant visa programs. Between January 1 - 7, 2017, OFLC received nearly 3,000 H-2B applications covering approximately 53,200 worker positions with an expected start date of work on or after April 1, 2017; an approximate 93% increase when compared to the number of H-2B applications received during the same calendar week in 2016. Between January 8 - 31, 2017, OFLC received another 1,500 H-2B applications requesting temporary labor certification for approximately 28,900 workers.

During 2016 and within its limited resources, OFLC planned and executed a number of management actions, as well as regular stakeholder education and outreach activities, designed to minimize expected processing delays without being able to accurately predict the total volume of applications that would be filed for processing. Beginning the first work week of January 2017, OFLC published regular updates on H-2B case processing times to the stakeholder community, and ensured consistent availability of its iCERT electronic system for customers to file H-2B applications and staff to process case actions. In order to issue prompt final decisions, OFLC also deployed a dedicated team of staff to review employer recruitment reports on pending H-2B applications that have completed the labor market test requirements under the regulation. We are continuing to focus our available resources on reducing the number of pending H-2B applications as expeditiously as possible while simultaneously issuing quality decisions.

To help employers better understand employer demand for workers under the H-2B visa program, OFLC has updated its H-2B case processing time information to include the total number of workers requested and certified based on the week in which the employer filed its H-2B application. OFLC will continue to provide regular updates to this information during each work week, and employers can access current processing time information through the iCERT System at https://icert.doleta.gov and clicking on the "Processing Times" tab from the main home page.

February 3, 2017. FY 2017 Q1 Cumulative Disclosure Data

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 1 of FY 2017 are now available. Click here to access the disclosure files and corresponding record layouts.

February 2, 2017. Updated program factsheets containing the Quarter 1 FY 2017

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 1 FY 2017 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Specialty Occupations Labor Condition Program , H-2A Temporary Agricultural Labor Certification Program and H-2B Temporary Non-agricultural Labor Certification Program . Reports are derived from program data as of 12/31/2016.The updated program factsheets may also be found on OFLC's Performance Data page .

January 11, 2017. FY 2017 Q1 H-2B Foreign Labor Recruiter List

The Office of Foreign Labor Certification has posted an updated H-2B Foreign Labor Recruiter List with cumulative cases from July 28, 2016 through December 31, 2016. Quarterly updates will normally be posted by the end of the month immediately following the close of the quarter. Click here for the updated list.

Calendar Year 2016

December 23, 2016. New 2017 Herder H-2A Adverse Effect Wage Rates (AEWRs)

On December 23, 2016, the Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the new Adverse Effect Wage Rate (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform herding or production of livestock on the range. AEWRs are the minimum wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment so that the wages of similarly employed U.S. workers will not be adversely affected. To read the Federal Register notice please click here .

December 23, 2016. New 2017 H-2A Adverse Effect Wage Rates (AEWRs)

December 20, 2016. New 2017 H-2A Adverse Effect Wage Rates and Adverse Effect Wage Rate for Range Occupations

The Office of Federal Register has scheduled the Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2017 Adverse Effect Wage Rates and 2017 Adverse Effect Wage Rate for Range Occupations for publication in the Federal Register on December 23, 2016. These documents will be placed on public inspection on 12-22-2016 08:45:00.

December 19, 2016. PERM Notice of Proposed Rulemaking (NPRM) Status FAQ

Q: Is the Department planning to issue a regulation on PERM?

A: On December 16, 2016, the PERM Notice of Proposed Rulemaking and Schedule A Request for Information were withdrawn from OMB/OIRA review.

December 1, 2016. OFLC Announces System Maintenance Outage Impacting the iCERT and PERM Systems

The PERM system will be unavailable during the following time periods for system maintenance:

Thursday, December 8, 2016 from 8:00pm EDT until 12:00 am EDT

iCERT and PERM systems will be unavailable during the following time periods for system maintenance:

Friday, December 16, 2016 from 8:00pm EDT until Saturday, December 17, 2016 10:00 am EDT

November 17, 2016. USDA Release of 2016 Farm Labor Survey

On November 17, 2016, the United States Department of Agriculture (USDA) issued the Farm Labor Survey (FLS) report in which it established the average annual wage rates, by region and the United States, for field and livestock workers. The Department of Labor (Department) relies on the average annual combined hourly wage for field and livestock workers in order to establish the Adverse Effect Wage Rates (AEWRs) in the H-2A program. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment, so that the wages of workers similarly employed in the United States will not be adversely affected.

The Department is reviewing the USDA FLS average annual wage rates for 2016 and will soon publish a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state at which time the rates will become immediately effective. To obtain more information on NASS surveys and reports, please call the NASS Agricultural Statistics Hotline at (800) 727-9540, 7:30 a.m. to 4:00 p.m. ET, or e-mail: nass@nass.usda.gov . To obtain a copy of the latest USDA FLS report, please click here .

November 3, 2016. OFLC Announces System Maintenance Outage Impacting the iCERT System

The iCERT system will be unavailable during the following time periods for system maintenance:

Thursday, November 3, 2016 from 8:00pm EDT until 12:00 am EDT

November 1, 2016. The Department has released its Foreign Labor Certification Annual Report for FY 2015

The 2015 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification, and Temporary Nonimmigrant Labor Certification for FY 2015. The report also contains State Employment-Based Labor Certification Profiles and top Country Employment-Based Immigration Profiles. Click here to view the 2015 Annual Report. A 508 compliant version will be posted as soon as it is available.

November 1, 2016. Electronic Notification of PERM Letters:

The Atlanta National Processing Center (ANPC) will begin issuing PERM notification letters via e-mail beginning December 1, 2016. Electronic notification e-mails will ensure PERM stakeholders receive ETA Form 9089 application determination notifications in a timely, cost effective manner without 'in the mail' delivery delays.

To ensure this electronic notification delivery convenience works for all PERM stakeholders, please add sr.processing@dol.gov and plc.atlanta@dol.gov to your Address Book or Safe List within your e-mail system(s) to avoid being filtered as SPAM. In addition, if e-mail addresses for the authorized representative or employer have changed, please notify either sr.processing@dol.gov (Supervised Recruitment cases) or plc.atlanta@dol.gov (all other correspondence). Please provide the case number along with the updated contact information.

Stakeholders will receive the following letters/notifications via e-mail:

Audit Notification Letters
Denial Notification Letters
Requests for Information Letters
Additional Audit Information Requests
Withdrawal Letters
Notices of Decisions from Appeals

NOTE: Certified ETA Form 9089 PERM application letters will not be sent electronically due to the certification's security paper requirements currently in place with the U.S. Citizenship and Immigration Services.

Electronic Receipt of PERM Audit Responses, Requests for Information, and Responses to Notices of Decisions for Appeals: The ANPC will receive ETA Form 9089 audit responses and responses to Requests for Information, Additional Audit Information Requests, and Notices of Decisions for Appeals sent via e-mail on December 1, 2016. To ensure your submission is received with no issues, i.e., non-compliance with delivery size limitations, please ensure each e-mailed response is no larger than 20MB.

If your e-mail response is larger than 20MB, please separate the response into two or more documents of less than 20MB in size.

For example, if submitting more than one document in response to an audit notification due to size restrictions, please ensure you indicate in the Subject Line of the e-mail that there are multiple submissions. For example, <Case Number>_Audit Response_1 of 3.

In addition, when submitting an electronic response, please keep in mind the following tips:

Do not combine multiple audit responses for different cases in one submission packet.
Direct any questions via e-mail to sr.processing@dol.gov (Supervised Recruitment inquiries) or plc.atlanta@dol.gov (all other inquiries) and include the case number in the subject line.
For audit responses specifically; scan, tab, or clearly identify the documentation into the following categories:
1. Cover Letter
2. Recruitment Report and any other supporting documentation
3. Business Necessity and other supporting documentation
4. Recruitment Content, including copies of newspaper advertisements, Notice of Filing, Job Order, and professional advertisements
5. Copy of Audit Letter (if applicable)
6. Resumes, including any applications, evaluations, and other supporting documentation
7. Prevailing Wage (if applicable)
8. Affidavits (if applicable)
9. Signed ETA Form 9089 (if applicable)
10. Postage Receipt (if applicable)

November 1, 2016. FY 2016 Q4 Cumulative Disclosure Data

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 4 of FY 2016 are now available. Click here to access the disclosure files and corresponding record layouts.

November 1, 2016.

The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2016 Quarter 4 Selected Statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 9/30/2016.The updated program factsheets may also be found on OFLC's Performance Data page.

October 11, 2016. OFLC Announces System Maintenance Outage Impacting the iCERT/PERM Systems

The PERM system will be unavailable during the following time periods for system maintenance:

Thursday, October 13, 2016 from 8:00 pm EDT until 12:00 am EDT

The iCERT and PERM system will be unavailable during the following time periods for system maintenance:

Saturday, October 15, 2016 from 10:00 am EDT until 4:00 pm EDT

October 7, 2016. PERM FAQ Round 13

The Department of Labor has published a Frequently Asked Question (FAQ) Round 13 related to preparing the required recruitment report for employers seeking labor certification under the PERM Program along with two "best practice" sample recruitment reports. The Round 13 FAQ is posted on the PERM Program Page on the Office of Foreign Labor Certification website at https://www.foreignlaborcert.doleta.gov/faqs_pdf.cfm . To directly access the Round 13 FAQ, please click here.

October 7, 2016. OFLC Announces System Maintenance Outage Impacting the iCERT/PERM Systems

The iCERT and PERM systems will be unavailable from 10:00 pm EDT on Friday, October 7, 2016 until 6:00 am EDT on Tuesday, October 11, 2016 for system maintenance.

October 4, 2016. H-2B Interim Final Rule FAQs Round 17

The Department of Labor has published a seventeenth round of Frequently Asked Questions (FAQs) related to the filing and processing of H-2B Applications for Temporary Employment Certification covering issues related to the area of intended employment and what constitutes a worksite under the H-2B program. The Round 17 FAQs are posted on the H-2B Interim Final Rule Implementation Page on the Office of Foreign Labor Certification website at https://www.foreignlaborcert.doleta.gov/2015_H-2B_IFR.cfm . To directly access the Round 17 FAQs, please click here .

October 3, 2016: H-2A Herder Final Rule FAQs Round 3

The Department of Labor has published a third round of Frequently Asked Questions (FAQs) related to the filing and processing of H-2A Applications for Temporary Employment Certification covering the herding or production of livestock on the range. The Round 3 FAQs are posted on the H-2A Herder Final Rule Implementation Page on the Office of Foreign Labor Certification website at https://www.foreignlaborcert.doleta.gov/h-2a_herders.cfm . To directly access the Round 3 FAQs, please click here .

September 14, 2016. OFLC Webinar Update: Technical Assistance Presentation from September 13, 2016, H-2A and H-2B Program Webinar Now Available

On Tuesday, September 13, 2016, the Office of Foreign Labor Certification hosted a 4-hour webinar to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with employer requests for H-2B prevailing wage determinations and applications for temporary labor certification under the H-2A and H-2B visa programs. Our objective for the webinar was to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will improve the quality of applications submitted to the OFLC by:

Discussing recent program updates and initiatives designed to improve case processing and transparency of the decision-making process;
Identifying how to avoid common deficiencies or frequent errors when preparing job orders and applications;
Providing helpful practice tips to ensure quality job order and applications are submitted for processing; and
Highlighting best practices or quality prevailing wage requests and labor certifications applications from the 2016 filing season.

Stakeholders and members of the general public can obtain a copy of the presentation by clicking here .

September 9, 2016. H-2B Prevailing Wage FAQs

The Department of Labor has published Frequently Asked Questions (FAQs) related to processing H-2B Prevailing Wage Determinations under the 2015 H-2B Wage Final Rule. The FAQs are posted in the Prevailing Wages section on the FAQs page. To directly access the FAQs page, please click here.

September 1, 2016. ETA Announces it is Streamlining the H-2B Process for Non-Agricultural Employers: Procedural Change in Submitting Temporary Need Documentation

ETA is announcing a process change related to the submission of applications for temporary labor certification under the H-2B visa program intended to reduce burdens on employers and streamline the adjudication of temporary need. Effective immediately, an employer submitting an H-2B application may satisfy the regulatory requirements for demonstrating temporary need by disclosing such information on the Form ETA-9142B, Application for Temporary Employment Certification, without also submitting detailed supporting documentation with its initial application, particularly where the employer's temporary need has been demonstrated in earlier applications certified or the work is clearly tied to a temporary, seasonal cycle. This process change in the H-2B program better aligns the review of temporary need with the standard applied to agricultural employers in the H-2A program, where the submission of detailed supporting documentation to support recurring seasonal workforce needs is not necessary.

For a more detailed explanation of this important process change in the H-2B program, please click here .

August 15, 2016. Webinar Announcement: Employer Filing Tips and Best Practices for Preparing and Submitting H-2B Prevailing Wage Requests and H-2A/H-2B Labor Certification Applications

As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, the OFLC will host a webinar on Tuesday, September 13, 2016, designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with employer requests for H-2B prevailing wage determinations and applications for temporary labor certification under the H-2A and H-2B visa programs.

Discussing recent program updates and initiatives designed to improve case processing and transparency of the decision-making process;
Identifying how to avoid common deficiencies or frequent errors when preparing job orders and applications;
Providing helpful practice tips to ensure quality job order and applications are submitted for processing; and
Highlighting best practices or quality prevailing wage requests and labor certifications applications from the 2016 filing season.

DATE: Tuesday, September 13, 2016

TIME: 12:00PM to 4:00PM Eastern Standard Time

FORMAT: Webinar & conference call capability will be provided to maximize participation

EVENT NUMBER: 744 257 619

PASSWORD: Welcome!25

Go to or click on: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e61d5965bdc38a77f05328af0e2e4ec27
If prompted, please enter the appropriate contact information (first name, last name, email address)
If prompted, enter the event password: Welcome!25
Click on "Join Now"
To join and hear the audio, please dial the toll-free number 800-369-1983 and enter access code: 2846236 to hear the audio portion of the webinar or use the audio function of the Web Ex software to stream audio.

August 11, 2016.

Pursuant to 20 CFR § 655.9(c), the Office of Foreign Labor Certification (OFLC) is publishing a list of the names of foreign labor recruiters and the identity and location of persons or entities 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 Form ETA-9142B, H-2B Application for Temporary Employment Certification.

By providing this Foreign Labor Recruiter List, OFLC is providing a greater level of transparency to the H-2B worker recruitment process and facilitating information sharing between the Department and other agencies and the public. The list will be updated quarterly and can be accessed here . FAQs regarding the Foreign Labor Recruiter List have been posted as 2015 H-2B IFR FAQs Round 16 and can be accessed here .

August 03, 2016. FY 2016 Q3 Program Factsheets

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 3 FY 2016 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 6/30/2016.The updated program factsheets may also be found on OFLC's Performance Data page .

July 29, 2016.

The Office of Foreign Labor Certification has posted updated PERM Program disclosure data files for Quarter 4 of FY 2015. Click here to access the disclosure files and corresponding record layouts.

July 20, 2016. FY 2016 Q3 Cumulative Disclosure Data

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 3 of FY 2016 are now available. Click here to access the disclosure files and corresponding record layouts.

July 6, 2016. OES Wage Data Update Includes Updated BLS Metropolitan Statistical Areas (MSAs) Definitions

As noted in the July 1, 2016 web announcement below, the National Prevailing Wage Center (NPWC) recently began using the 2017 wage data set provided by the Bureau of Labor Statistics (BLS), based on May 2015 Occupational Employment Statistics (OES) data. This data set is the first to use the 2010 BLS definitions of Metropolitan Statistical Areas (MSAs), as designated by the Office of Management and Budget. As a result, some ETA-9141 prevailing wage request forms submitted prior to the NPWC's use of the new data and MSA definitions will incorrectly cite in subsection E.c.7a MSAs that have changed pursuant to the new definitions.

If an applicant's ETA-9141 Form lists a MSA that no longer exists due to the updated BLS area definitions, the NPWC will alter the text in E.c.7a to reflect the correct MSA and will include an additional note to notify the applicant that the NPWC has altered its form as a result of the update to the MSA definitions. In addition, some returning applicants seeking a prevailing wage determination (PWD) for multiple worksites will receive a different wage(s) than in prior years due to the BLS geographic area updates. For example, in prior years the areas of Somerset and Middlesex in New Jersey were included in the same MSA and thus received the same OES wage in a PWD. However, as a result of the BLS update, Somerset and Middlesex are included in separate BLS areas and PWDs issued for job opportunities in the areas will not be the same. Please direct any questions or comments regarding the effect of the BLS updates on the PWD process to the NPWC help desk via email at flc.pwd@dol.gov . The updated OES data sets may be viewed by visiting www.bls.gov/oes/tables.htm .

July 1, 2016. OES Wage Data Update

On July 1, 2016, OFLC uploaded the newest prevailing wage data from the Occupational Employment Survey as generated by the Bureau of Labor Statistics for the year from July 2016 - June 2017. The effective date is July 1, 2016. Prevailing wages issued from the National Prevailing Wage Center will reflect the new data.

June 28, 2016. Webinar Update June 23, 2016: Employer Filing Tips for Submitting H-2A and H-2B Labor Certification Applications

Copies of the OFLC's June 23rd presentation on filing tips and common deficiencies associated with the submission of applications for temporary labor certification under the H-2A and H-2B visa programs are now available.

To obtain a copy of the H-2A Filing Tips, please click here .
To obtain a copy of the H-2B Filing Tips, please click here .
To obtain a copy of the H-2B PWDs Filing Tips, please click here .

June 27, 2016.

The Office of Foreign Labor Certification has posted updated Prevailing Wage disclosure data files for Quarter 4 of FY 2015. Click here to access the disclosure files and corresponding record layouts.

June 8, 2016. Webinar Announcement: Employer Filing Tips for Submitting H-2A and H-2B Labor Certification Applications

As part of the Department's Office of Foreign Labor Certification's (OFLC) on-going efforts for increased public outreach, the OFLC will host a public webinar on June 23, 2016, to educate stakeholders, program users, and other interested members of the public on best practices, filing tips, and common deficiencies associated with the submission of applications for temporary labor certification under the H-2A and H-2B visa programs. Our objective for this webinar is to provide technical assistance to employers and, if applicable their authorized representatives to avoid frequent or common errors in preparing and submitting H-2A and H-2B applications.

To join the webinar event scheduled for Thursday, June 23, 2016, please use the below instructions:

DATE: Thursday, June 23, 2016
TIME: 2:00PM - 3:30PM EST
Call-in number: 888-469-0871
INSTRUCTIONS:

Go to or click on: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e83537a74c16bc53cb6b5c930f48eff95
If prompted, please enter the appropriate contact information (first name, last name, email address)
If prompted, enter the event password: Welcome!24
Click on "Join Now"
To join and hear the audio, please dial the toll-free number 888-469-0871 and enter access code: 27423 to hear the audio portion of the webinar or use the audio function of the Web Ex software to stream audio.

June 3, 2016. New H-2A Form ETA-9142A, Appendix A FAQs

The Department of Labor on June 3, 2016 published a Frequently Asked Question (FAQ) for the H-2A program on the updated Form ETA-9142A, Appendix A. The FAQ is posted as Round 11: June 2016 on the H-2A program page. To directly access the new FAQ, please click here .

May 18, 2016. ETA Announces it is Streamlining the H-2A Process for Agricultural Employers: Procedural Change to the Form ETA-9142A, Appendix A

OFLC is pleased to announce that the Office of Management and Budget (OMB) has approved the Department's request to update the Appendix A in two ways: (1) to reflect new regulatory requirements contained in the 2015 H-2A Herder Final Rule; and (2) to simplify the H-2A process for employers submitting this document alongside their I-129 petitions to the United States Citizenship and Immigration Services (USCIS). This approval came as part of the Department's 3-year extension of the Form ETA-9142A and Appendix A. The remainder of the data collected on the Form ETA-9142A remains unchanged.

When filing an H-2A application on the Form ETA-9142A, an employer is required to submit a signed and dated copy of the Appendix A, which contains the requisite program assurances and obligations. Prior to this announcement, where the OFLC granted a temporary labor certification application, the Chicago National Processing Center (NPC) sent the employer a certified H-2A application containing a second copy of the Appendix A issued on "blue security paper." The employer and its authorized attorney or agent were each then required to sign and date this second copy of Appendix A again and then submit it to the USCIS.

The Department's new Form will make it unnecessary to sign and submit a second copy of the Appendix A. An employer will now only need to sign and date the Appendix A once at the time of filing the H-2A application and retain the original in its administrative file. Then, where the OFLC grants a temporary labor certification, the Chicago NPC will send a certified H-2A application and a Final Determination letter to the employer by means normally assuring next day delivery, including electronic mail, and a copy, if applicable, to the employer's authorized attorney or agent. The employer and its authorized attorney or agent will be instructed to complete three steps:

Form steps

Form steps
Step	Description
Step 1	Complete the newly modified footer on each page of the original Appendix A (retained in its administrative file), adding the case number, status, and period of employment from the certified Form ETA-9142A;
Step 2	Retain the original Appendix A along with a copy of the certified Form ETA-9142A, as required by 20 CFR 655.167; and
Step 3	Submit signed and dated copy of the Appendix A, together with the original certified Form ETA-9142A issued by the OFLC, directly to the USCIS.

This change will save employers and their agents or attorneys from mailing each other paper forms to sign them a second time - which is effectively required under the current form.

TRANSITION PROCEDURES

Employers with either a currently pending H-2A application or those who file a new H-2A application prior to June 15, 2016, containing the previous Appendix A will be provided with a copy of the revised Appendix A at the time the Chicago NPC grants a temporary labor certification. They will also receive instructions from the Chicago NPC regarding how to complete the revised Appendix A for submission to the USCIS.
On or after June 15, 2016, employers or their authorized representatives filing a new H-2A application must submit a signed and dated copy of the revised Appendix A containing the program assurances and obligations that comply with the 2010 H-2A Final Rule and 2015 H-2A Herder Final Rule. Otherwise, the Chicago NPC will issue either a Minor Deficiency Email or a Notice of Deficiency requesting that the employer provide a signed and dated copy of the revised Appendix A.

To obtain a copy of the revised Appendix A, please click here .

To obtain a copy of the Form ETA-9142 and general instructions, please click here .

May 17, 2016. FY 2016 Q2 Cumulative Disclosure Data

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files through Quarter 2 of FY 2016 are now available. Click here to access the disclosure files and corresponding record layouts.

April 8, 2016.

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 2 FY 2016 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 3/31/2016.The updated program factsheets may also be found on OFLC's Performance Data page .

April 4, 2016. Webinar Announcement: Employer Filing Tips for Submitting H-2B Wage Surveys

As part of the Department's Office of Foreign Labor Certification's (OFLC) on-going efforts for increased public outreach, the OFLC will host a public webinar on April 7, 2016, the to educate stakeholders, program users, and other interested members of the public on submission of wage surveys to determine the prevailing wage for job opportunities in the H-2B temporary non-agricultural labor certification program.

Employer Filing Tips for Submitting H-2B Wage Surveys

The objectives for this webinar are to assist employers and surveyors to avoid frequent errors found in filing prevailing wage determination applications that include wage surveys by:

Providing clarification on common errors with documenting and displaying survey results;
Providing tools to help ensure surveys comply with applicable regulatory requirements;
Reviewing common errors found when completing the Form ETA-9165

The webinar briefing is scheduled for Thursday, April 7, 2016, at 1:30 PM Eastern Standard time for approximately 90 minutes. This webinar is open to the public and no pre-registration is required. It will be accessible to the public on a first-come, first-served basis on the date specified. To learn how to access the Department's upcoming H-2B webinar focused on providing wage survey submission and compliance guidance, please click here .

March 23, 2016. H-2A Program Forms.

The forms for the H-2A program are currently in review for a three year extension. Notice of a second comment period, as required by the Paperwork Reduction Act, is expected to be published in the Federal Register in the coming weeks. The Chicago National Processing Center will continue to accept the current H-2A program form with 2016 expiration dates, which may be extended in one month increments until the full three year extension is approved by OMB and the new forms are posted on our website and updated in the iCERT System.

February 26, 2016. Federal Register Notice Announcing the 2016 Allowable Charges for Agricultural Workers' Meals and Travel Subsistence Reimbursement, Including Lodging for the H-2A and H-2B Programs

The Department of Labor has published a Notice in the Federal Register to announce the allowable charges for 2016 that employers seeking H-2A workers 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 in 2016 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 for the H-2A and H-2B programs. To read the Notice, please click here .

February 24, OFLC Webinar on H-2B Case Processing Initiatives

On February 19, OFLC announced two initiatives designed to help reduce the backlog of pending H-2B applications and provide information to help the stakeholder community better understand the current processing timeframes for H-2B applications at the Chicago NPC. OFLC will be conducting a second webinar to explain these initiatives in more detail and answer stakeholder questions using a chat room feature.

To join the webinar event scheduled for Friday, February 26, 2016, please use the below instructions:

DATE: Friday, February 26, 2016

TIME: 1:00PM - 3:00PM Eastern Standard Time

EVENT NUMBER: 748 972 498

PRESENTATION: To obtain a copy of the powerpoint presentation slides, please click here

INSTRUCTIONS:

Go to or click on: https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e3dc7bbd2b4592a45cebc9975a7767e38
If prompted, please enter the appropriate contact information (first name, last name, email address)
If prompted, enter the event password: Welcome!25
Click on "Join Now"
To join and hear the audio, please dial the toll-free number 1-800-857-9772 and enter access code: 7545364 to hear the audio portion of the webinar or use the audio function of the Web Ex software to stream audio.

February 19, OFLC Releases H-2B Case Processing Information

The Department's Office of Foreign Labor Certification (OFLC) is making this public service announcement to employers who participate in the H-2B temporary nonimmigrant visa program. Since the end of December 2015, the Department has issued several public announcements concerning recent changes and significant delays in processing H-2B applications at the OFLC Chicago National Processing Center (NPC). The significant delays employers are experiencing stem from the implementation of changes in program requirements contained in the 2016 DOL Appropriations Act (enacted on December 18, 2015), and the magnitude of the increase in H-2B applications filed during the late December to early January time period. In addition, during the course of several weeks in January 2016, the OFLC experienced technical network problems with its iCERT System due to implementation of software upgrades related to mandatory security requirements, which impacted our staff's ability to process case actions in a timely manner and caused additional delays for our employer customers.

Since October 1, 2015, the OFLC has processed approximately 2,000 H-2B applications requesting approximately 45,500 worker positions. We have certified approximately 1,500 H-2B applications covering more than 36,900 worker positions. Between December 28, 2015 and February 19, 2016, the OFLC has issued more than 1,300 Notices of Acceptance (NOA) or Deficiency (NOD) on pending H-2B applications. The OFLC has expanded and reallocated resources to assist in the processing of pending H-2B applications without compromising program integrity or the processing timeframes of other visa programs. We continue to focus our efforts on reducing the number of pending cases as quickly as possible and examining administrative flexibilities to increase processing efficiency.

To help employers better understand the current processing timeframes for H-2B applications at the Chicago NPC, the OFLC is disclosing case processing information through its iCERT System at https://icert.doleta.gov , which will be updated at least weekly.

February 17, H-2B IFR Job Order Checklist and H-2B IFR Round 11 FAQs

The Department of Labor has published on the H-2B program page an updated version of the H-2B 2015 Interim Final Rule (IFR) Job Order Checklist and updated H-2B 2015 IFR Round 11 Frequently Asked Questions: Job Order Content, Amendments, and Recruitment. To directly access the H-2B 2015 IFR Job Order Checklist, click here . To directly access the H-2B 2015 IFR Round 11 FAQs, click here .

February 16, H-2B Stakeholder Webinars (Update)

The Department is posting the instructions for accessing H-2B stakeholder public webinars that are scheduled for February 17, 2016, at 10:00 AM Eastern Standard Time and February 18, 2016, at 2:00 PM Eastern Standard time. There is no pre-registration for the public webinars. Each will be accessible to the public on a first-come, first-served basis on the dates specified. To learn how to access the Department's H-2B stakeholder public webinar, please click here .

February 12, FY 2016 Q1 Cumulative Disclosure Data

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 1 of FY 2016 are now available. Click here to access the disclosure files and corresponding record layouts.

February 9, 2016. Stakeholder Webinars

On February 17 and 18, 2016, the Department's Office of Foreign Labor Certification (OFLC) will host two public webinars to educate stakeholders, program users, and other interested members of the public regarding the changes to the H-2B program made by the 2016 DOL Appropriations Act, enacted on December 18, 2015, and how those changes impact the processing of applications at the OFLC National Prevailing Wage Center and Chicago National Processing Center. The webinar briefings are scheduled for February 17, 2016, at 10:00 AM Eastern Standard Time and February 18, 2016, at 2:00 PM Eastern Standard time. Each briefing will be identical in content and will last 90 minutes. Instructions for accessing these H-2B webinars will be announced by February 12, 2016.

February 4, 2016. Index of OFLC FAQ Rounds added

The Office of Foreign Labor Certification has compiled a list of topics covered in each one of its FAQ Rounds. Once launched, the user can search for key words in the FAQ Rounds by clicking the Ctrl + F keys. To access the Index of OFLC FAQ Rounds, please click here .

January 29, 2016.

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 1 FY 2016 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 12/31/2015. The updated program factsheets may also be found on OFLC's Performance Data page .

January 27, 2016.

The Department's Office of Foreign Labor Certification (OFLC) is making this public service announcement to employers who participate in H-1B, H-2A and H-2B temporary nonimmigrant visa programs. The OFLC has been experiencing technical network problems supporting its iCERT Visa Portal System (iCERT System), resulting in delays in the processing of temporary nonimmigrant visa applications for employers. Specifically, although the iCERT System's application and database are working properly, the network infrastructure supporting the system is exhibiting performance issues that are significantly impacting our staff's ability to process case actions for our employer customers. The Department's technology staff is working diligently with the OFLC to improve system performance as soon as practically possible.

January 22, 2016. H-2A Corporate Restructuring/ Successor in Interest FAQ

The Department of Labor on January 22, 2016 published a Frequently Asked Question (FAQ) for the H-2A program on Post Certification: Corporate Restructuring/ Successor In Interest. The FAQ is posted as Round 10: January 2016 on the H-2A program page. To directly access the new FAQ, please click here .

January 21, 2016. H-2B IFR Job Order Checklist

The Department of Labor has temporarily removed the H-2B Interim Final Rule Job Order Checklist. It will be re-posted as soon as it is updated.

January 15, 2016.

The Department of Labor has published Frequently Asked Questions (FAQs) related to employer obligations and minimum job order content requirements for occupations involving a mobile workforce under the 2015 H-2B Interim Final Rule. The FAQs are posted as Round 15 on the H-2B page. To directly access the new FAQs, please click here .

January 12, 2016. Updated Prevailing Wage disclosure data files for Quarter 4 of FY 2015

January 11, 2016.

The Department's Office of Foreign Labor Certification (OFLC) is making this public service announcement to employers who participate in the H-2B temporary nonagricultural visa program. We have received a number of inquiries and correspondence concerning recent changes and delays in processing H-2B applications at the Chicago National Processing Center (NPC). The Department takes your concerns seriously and strives to support U.S. small businesses, consumers, and communities.

The Department, along with the Department of Homeland Security, jointly published the 2015 H-2B Interim Final Rule and H-2B Wage Final Rule, which became effective on April 29, 2015. The new rules strengthened protections for U.S. workers while also ensuring that employers can access foreign workers on a temporary basis when U.S. workers are not available. Additionally, the rules were intended to bring stability and continuity to the program. However, the 2016 Department of Labor Appropriations Act (2016 DOL Appropriations Act), enacted on December 18, 2015, contains provisions significantly affecting the processing of employer H-2B applications at the Chicago NPC. Unfortunately, the time required to implement these new legislative provisions is causing delays in processing employer H-2B applications filed prior to December 18 and that were pending with the Chicago NPC. Following an intensive review of the operational impacts of the 2016 DOL Appropriations Act, OFLC posted emergency guidance and has been implementing requirements of the 2016 DOL Appropriations Act, including new procedures and forms approved on an emergency basis by the Office of Management and Budget.

In addition, the current filing season has seen more than 1,700 new H-2B applications filed during the holiday season, an approximate 79% increase over the number of H-2B applications filed during the 2014 holiday season.

The simultaneous impact of the requirement to change procedures as the result of the 2016 DOL Appropriations Act, and the major increase in the number of applications being filed, has resulted in longer processing times in the H-2B program. This additional processing time may continue for the immediate future so that we can fully incorporate and operationalize the new program requirements and handle the increased workload. Our current efforts are focused on reducing the number of pending cases as quickly as possible without compromising program integrity.

January 7, 2016. Change of Address for the Office of Foreign Labor Certification, National Prevailing Wage Center

The Department of Labor (Department) is providing notice that the Office of Foreign Labor Certification (OFLC) National Prevailing Wage Center (NPWC), currently located at 1341 G. Street, Washington, D.C., is relocating within the Washington, D.C. area effective Monday, January 11, 2016. The address for the NPWC's new location is:

US Department of Labor/ETA
Office of Foreign Labor Certification
National Prevailing Wage Center
200 Constitution Avenue NW
Room N-5311
Washington, D.C. 20210
Telephone: (202) 693-8200

January 6, 2016. Upload the updated FY 2015 Q4 Disclosure Data. H-2B, PERM and Prevailing Wage

The Office of Foreign Labor Certification has posted updated H-2B, PERM and Prevailing Wage disclosure data files for Quarter 4 of FY 2015. Click here to access the disclosure files and corresponding record layouts.

January 5, 2016. OMB Approval of Revisions to Appendix B of Form ETA-9142B and Form ETA-9165 in order to Implement Provisions of 2016 DOL Appropriations Act

The 2016 Department of Labor Appropriations Act (Division H, Title I of Public Law 114-113) (2016 DOL Appropriations Act), which was enacted on December 18, 2015, contained several provisions requiring non-substantive modifications to (1) the Form ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey and (2) Appendix B of the Form ETA-9142B, H-2B Application for Temporary Employment Certification. In order to comply with the 2016 DOL Appropriations Act, the Office of Foreign Labor Certification (OFLC) submitted these non-substantive modifications to the Office of Management and Budget (OMB) for review and approval. The OMB has now approved the non-substantive modifications. Therefore, the OFLC Certifying Officers (COs) may issue H-2B prevailing wage determinations based on the submission of a private survey, and may now certify H-2B applications for temporary labor certification, so long as all applicable program requirements are met.

IMPORTANT NOTICES

Employers Requests for Prevailing Wage Determination Based on Survey

Employer requests for a prevailing wage determination based on a private wage survey submitted on or after December 19, 2015, must be accompanied by the revised Form ETA-9165. The CO will issue a Request for Information requiring the employer submit the revised Form ETA-9165 for any survey-based requests for a prevailing wage determination submitted without the revised Form ETA-9165.

Employers Requests for H-2B Temporary Labor Certification

Prior to February 1, 2016, employers with either a pending H-2B application or those who file a new H-2B application containing the previous Appendix B will be provided with a copy of the revised Appendix B at the time the CO issues a certification decision. They will also receive instructions in the Final Determination Letter regarding how to complete the revised Appendix B for submission to the United States Citizenship and Immigration Services.
On or after February 1, 2016, employers or their authorized representatives filing a new H-2B application must submit a signed and dated copy of the revised Appendix B containing the program assurances and obligations that comply with the 2016 DOL Appropriations Act. Otherwise, the CO will issue a Notice of Deficiency requesting that the employer provide a signed and dated copy of the revised Appendix B.

To obtain a copy of the Emergency Guidance (updated January 5) reflecting these changes, please click here .

To obtain a copy of the revised Form ETA-9165 and general instructions, please click here .

To obtain a copy of the revised Appendix B, Form ETA-9142B, please click here .

To obtain a copy of the Department's latest Frequently Asked Question concerning corresponding employment, please click here .

Calendar Year 2015

December 28, 2015. The Department has released its Foreign Labor Certification Annual Report for FY 2014

The 2014 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification, and Temporary Nonimmigrant Labor Certification for FY 2014. The report also contains State Employment-Based Labor Certification Profiles and top Country Employment-Based Immigration Profiles. Click here to view the 2014 Annual Report. A 508 compliant version will posted as soon as available.

December 22, 2015. New 2016 H-2A Adverse Effect Wage Rates (AEWRs)

December 21, 2015.

The Office of Foreign Labor Certification has posted updated performance factsheets containing the Quarter 4 FY 2015 selected statistics for the H-1B, H-2A and H-2B programs. The reports have been updated to include the percentage of applications processed timely. Additionally, the H-2A report has been updated to reflect the correct number of Top 10 Crops/Occupations FYTD. Reports are derived from program data as of 9/30/2015. The updated program factsheets may also be found on OFLC's Performance Data page .

December 17, 2015. New Small Business Guide to the H-2A Visa Program: Herding or Production of Livestock on the Range

In efforts to assist users of the H-2A Visa Program, the Department of Labor (Department) has published a Handbook for the Herding or Production of Livestock on the Range. This Handbook assists U.S. employers with Departmental standards and procedures for the employment of temporary H-2A agricultural workers in herding or production of livestock on the range occupations. To access the Handbook directly please click here .

December 17, 2015. H-2B IFR FAQs

The Department of Labor has published Frequently Asked Questions (FAQs) related to Prevailing Wage Determinations and Emergency Filings under the 2015 H-2B Interim Final Rule. The FAQs are posted as Round 13 on the H-2B page. To directly access the new FAQs, please click here .

December 14, 2015. H-2B Forms Update

All of the forms for the H-2B program, except the employer provided survey attestations (Form ETA-9165), have been extended for three years until December 31, 2018. The Form ETA-9165 is still being extended in monthly increments until receipt of a three year extension. However, if employers have already filled out and signed the forms with an expiration date of 12/31/2015 in anticipation of filing them in the first weeks of January, the Department will accept forms with the expiration date of 12/31/2015 through January 31, 2016. Also, as a reminder, the Form ETA-9155 and the registration process are not operational at this time. OFLC will announce the implementation of the registration process in the Federal Register and on this website.

December 11, 2015. H-2B IFR FAQs

The Department of Labor has published Frequently Asked Questions (FAQs) related to Emergency Filings and Post Certification Amendments under the 2015 H-2B Interim Final Rule. The FAQs are posted as Round 12 on the H-2B page. To directly access the new FAQs, please click here .

December 8, 2015. H-2B IFR FAQs and Job Order Checklist

The Department of Labor has published Frequently Asked Questions (FAQs) related to Job Order Content, Recruitment and Amendments under the 2015 H-2B Interim Final Rule. The FAQs are posted as Round 11 on the H-2B page. To directly access the new FAQs, please click here .

The Department also published a Job Order Checklist to help employers ensure they include required disclosures in their H-2B job orders. To read the job order checklist, please click here .

November 30, 2015. H-2A Productivity Standards FAQs

The Department of Labor published Frequently Asked Questions (FAQs) on October 30, 2015 on productivity standards for the H-2A program. The FAQs are posted as Round 9: October 2015 on the H-2A program page. To directly access the new FAQs, please click here .

November 19, 2015. USDA Release of 2015 Farm Labor Survey

On November 19, 2015, the United States Department of Agriculture (USDA) issued the Farm Labor Survey (FLS) report in which it established the average annual wage rates, by region and the United States, for field and livestock workers. The Department of Labor (Department) relies on the average annual combined hourly wage for field and livestock workers in order to establish the Adverse Effect Wage Rates (AEWRs) in the H-2A program. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment, so that the wages of workers similarly employed in the United States will not be adversely affected.

The Department is reviewing the USDA FLS average annual wage rates for 2015 and will soon publish a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state at which time the rates will become immediately effective. To obtain more information on NASS surveys and reports, please call the NASS Agricultural Statistics Hotline at (800) 727-9540, 7:30 a.m. to 4:00 p.m. ET, or e-mail: nass@nass.usda.gov . To obtain a copy of the latest USDA FLS report, please click here .

November 19, 2015. Change of Address for the Office of Foreign Labor Certification National Office.

The Department of Labor (Department) is providing notice that the Office of Foreign Labor Certification (OFLC) National Office currently located in the Frances Perkins Building at 200 Constitution Ave., NW is relocating within Washington, DC effective on Monday, November 23, 2015. The address for OFLC's new location is:

U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
375 E Street, SW
Patriot Plaza II, Suite 12-200
Washington, DC 20024
Telephone: (202) 513-7350

However, mail for the OFLC National Office should continue to be sent to the Frances B. Perkins building at:

Office of Foreign labor Certification
Employment and Training Administration
Department of Labor
200 Constitution Avenue, NW
Box# 12-200
Washington DC 20210

A daily courier service will deliver mail to the new location.

November 17, 2015. New 2016 Herder H-2A Adverse Effect Wage Rates (AEWRs)

On November 16, 2015, the Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the new Adverse Effect Wage Rate (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform herding or production of livestock on the range. AEWRs are the minimum wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment so that the wages of similarly employed U.S. workers will not be adversely affected. To read the Federal Register notice please click here.

October 30, 2015. H-2B Forms Extended.

The forms for the H-2B program have been extended temporarily until November 30, 2015 while OFLC awaits approval of its request for a three year extension under review with the Office of Management and Budget (OMB). OFLC will continue to extend the forms in one month increments until approved by OMB. A second comment period, as required by the Paperwork Reduction Act, ends November 30, 2015. For complete details see the Federal Register notice for OMB control number 1205-0509 here and 1205-0516 here .

October 29, 2015. H-2A Final Rule: Range Herding or Production of Livestock in the United States

The Department will host two public webinars to educate stakeholders, program users, and other interested members of the public on the changes to the Temporary Agricultural Employment of H-2A Foreign Workers in the Range Herding or Production of Livestock in the United States made by the 2015 H-2A Herder Final Rule, which published on October 16, 2015 with an effective date of November 16, 2015. The Final Rule may be found here .

The webinar briefings are scheduled for November 10, 2015 and November 17, 2015. Each webinar will be from 2:00 PM until 3:30 PM Eastern time. There is no pre-registration for the public webinar. The webinar will be accessible to the public on a first-come, first-served basis on the each webinar day. Please read the instructions for accessing the Department's webinars for the 2015 H-2A Herder Final Rule here .

October 29, 2015. H-2A Herder Rule FAQs

The Department of Labor is making available Frequently Asked Questions (FAQs) that address job order and application filing, processing, and wage rate under the new regulation governing the Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States (H-2A Herder Final Rule). This rule will be effective on November 16, 2015. To read the new FAQs, please click here . To read a short description of the H-2A Herder Rule and FAQs addressing implementation and major provisions of the H-2A Herder Rule, please click here.

October 21, 2015

FY 2015 Q4 Cumulative Disclosure Data The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 4 of FY 2015 are now available. Click here to access the disclosure files and corresponding record layouts.

October 21, 2015

The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2015 Quarter 4 Selected Statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 9/30/2015.The updated program factsheets may also be found on OFLC's Performance Data page .

October 16, 2015.

On October 16, 2015, the Department of Labor (Department) published a new regulation governing the Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range (H-2A Herder Final Rule) in the United States. This Final Rule amends the current regulations governing the labor certification process and standards to cover H-2A foreign workers in herder occupations, codified at 20 CFR part 655, and enforcement of employer obligations under the H-2A program. In the coming weeks, the Department's Office of Foreign Labor Certification will publish additional technical implementation materials on its website for the new H-2A Herder Final Rule and will alert stakeholders as those materials becomes available. To read the full text of the Final Rule, please click here . This rule will be effective on November 16, 2015.

To read a short description of the Final Rule and FAQs regarding the Final Rule, please click here.

October 13, 2015.

On October 13, 2015, the Office of the Federal Register (OFR) placed on public inspection the Final Rule, Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States. The OFR made minor technical edits to the Final Rule posted on our website earlier the same day, but the substance of the Final Rule remains the same. Only the version published in the Federal Register is the official regulation. To view the Final Rule on the OFR's public inspection site, please click here.

October 13, 2015.

On October 13, 2015, the U.S. Department of Labor announced the H-2A Herder Final Rule regarding the employment of foreign workers in jobs related to the herding of livestock on the range, including the herding of sheep and goats. To read the News Release regarding this regulation, click here.

October 2, 2015.

The following public data has been updated due to data defects. Duplicated & voided cases removed; missing records restored in the following:

H-1B - FY 2010
H-2A - FY 2008, 2009, 2010
H-2B - FY 2008, 2009

September 22, 2015.

The H-1B program disclosure data file has been updated to include records through June 30, 2015 for Quarter 3 of FY 2015. Click here to access the disclosure files and corresponding record layouts.

September 16, 2015. H-2B 2015 Final Wage Rule Webinar Recording

The recording of the H-2B 2015 Final Wage Rule webinar briefing, hosted on August 21, 2015, has been posted under the Prevailing Wage Information section on the Office of Foreign Labor Certification's H-2B 2015 Interim Final Rule web page. To access the page, please click here . To access the recording directly, please click here .

September 14, 2015. Submission of some PERM Applications

On Tuesday, September 1, 2015, the Department implemented software updates to the Permanent Labor Certification Case Management System (CMS). An unexpected programming glitch occurred which impacted a small number of applications and resulted in the prohibition of certain information being entered onto the ETA Form 9089. The Department is working to correct this issue.

Until the revisions become operational, an employer who cannot complete and file an ETA Form 9089 online should mail in their application to the Atlanta National Processing Center at the following address:

U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Atlanta National Processing Center
Harris Tower, Suite 410
233 Peachtree Street
Atlanta, Georgia 30303

Employers, who attempted to submit an online application between Tuesday, September 1, 2015, and Friday, September 11, 2015, only, are authorized to provide documentation establishing that information in their ETA Form 9089 was impacted.

If you elect to provide documentation with the ETA Form 9089, please include a cover page containing the words "September 2015, CMS Technical Issue" in the center of the page in large letters. All documentation in response to this letter must be submitted by September 30, 2015, to the following:

U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Attn: CMS Technical Issue Team
Atlanta National Processing Center
Harris Tower, Suite 410
233 Peachtree Street
Atlanta, Georgia 30303

September 1, 2015. H-2B 2015 Final Wage Rule Webinar Presentation

The presentation for the H-2B 2015 Final Wage Rule webinar briefing, hosted on August 21, 2015 has been posted under the Prevailing Wage Information section on the Office of Foreign Labor Certification's H-2B 2015 Interim Final Rule web page. To access the page, please click here . To access the presentation directly, please click here.

August 13, 2015. H-2B 2015 Final Wage Rule Webinar

The Department will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2B program made by the H-2B 2015 Final Wage Rule, in effect as of April 29, 2015. The webinar briefing is scheduled for August 21, 2015, from 1:00 PM until 2:30 PM Eastern Daylight time. There is no pre-registration for the public webinar. The webinar will be accessible to the public on a first-come, first-served basis on the date specified. Please read the instructions for accessing the Department's H-2B Final Wage Rule public webinar here .

August 4, 2015.

The Office of Foreign Labor Certification has posted new and updated Labor Condition Application (LCA/ ETA Form 9035/9035E) Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 programs. The new FAQs may be found here .

July 31, 2015. IMPORTANT NOTICE: Change in signature on approved labor certification applications

The Office of Foreign Labor Certification (OFLC) today has implemented a change in the official signature on approved labor certification applications. Specifically, OFLC determinations to grant permanent and temporary labor certification will no longer display the electronic signature of the OFLC Acting Administrator, William W. Thompson, II. Beginning July 31, 2015, the electronic signature on approved applications under the permanent (ETA Forms 9089, 750) and temporary (ETA Forms 9035E, 9142A, 9142B, 9033) visa programs will be shown as "Certifying Officer."

This change demonstrates increased transparency and more accurately reflects the operational decision making process across the organization. The OFLC has consulted with the Department of Homeland Security's United State Citizenship and Immigration Services on this change for purposes of accepting employer-filed I-129 and I-140 petitions.

July 22, 2015.

The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2015 Quarter 3 Selected Statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 6/30/2015.The updated program factsheets may also be found on OFLC's Performance Data page.

July 21, 2015. H-2B 2015 IFR FAQs: Integrity Measures

The Department of Labor is making available Frequently Asked Questions (FAQs) that address post certification program integrity measures under the H-2B 2015 Interim Final Rule. To read the FAQs click here or visit the H-2B Program Page .

July 17, 2015. Processing of H-2B Labor Certifications Granted under the 2008 Final Rule

The Department of Labor has posted an update regarding the processing of H-2B labor certifications granted under the 2008 Final Rule. To read the update, please visit the H-2B Program Page .

July 17, 2015. ETA-9142B and ETA-9165 Extension Requests

The Department has published two notices in the Federal Register announcing 60-day comment periods on its forms used in the H-2B program, which include the Form ETA-9142B, Application for Temporary Employment Certification, Appendix B, and the new Form ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey. To read the notices, please click here for the ETA-9142B and here for the ETA-9165. To obtain a copy of the forms and the supporting documentation please submit your request to ETA.OFLC.Forms@dol.gov , subject line: Form ETA-9142B or Form ETA-9165. The forms were approved by the Office of Management and Budget in conjunction with the H-2B rulemaking under the emergency procedures of the Paperwork Reduction Act. The Department now seeks to extend the forms for three years.

July 15, 2015. H-2B 2015 IFR FAQs: Appeals and Seafood Industry Staggered Crossings

The Department of Labor is making available additional 2015 Interim Final Rule Frequently Asked Questions (FAQs): 1. Appeal Procedures and 2. Staggered Crossing of H-2B Nonimmigrants Working in the Seafood Industry . The FAQs may also be found on the H-2B Program page under the "Frequently Asked Questions" dropdown menu.

July 15, 2015.

July 15, 2015. FY 2015 Q3 Cumulative Disclosure Data The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 3 of FY 2015 are now available. Click here to access the disclosure files and corresponding record layouts.

July 9, 2015.

The H-2B RFI mailbox at the Chicago National Processing Center ( RFI.H2B.Chicago@dol.gov ) will cease to be monitored July 13, 2015, and will no longer accept messages starting September 30, 2015. All stakeholders should use TLC.Chicago@dol.gov for all communications concerning the H-2A and H-2B Temporary Labor Certification programs.

July 8, 2015.

The Office of Foreign Labor Certification has updated the following H-2B forms: 1) Form 9142B - General Instructions; 2) Appendix B; 3) Form 9142B, Job Contractor Requirements under the 2015 H-2B Interim Final Rule. To access the forms, please click here .

June 9, 2015. H-2B 2015 Interim Final Rule Webinar Resources

On May 27, 2015, the Department of Labor hosted a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2B program made by the H-2B 2015 Interim Final Rule, which became effective on April 29, 2015. To learn more, you may now access the webinar recording and presentation slides on the H-2B 2015 Interim Final Rule Page, under Additional Resources here .

June 1, 2015. H-2B 2015 Final Wage Rule Webinar Recording

The recording of the H-2B 2015 Final Wage Rule webinar briefing, hosted on May 15, 2015, has been posted under the Prevailing Wage Information section on the Office of Foreign Labor Certification's H-2B 2015 Interim Final Rule web page. To access the page, please click here . To access the recording directly, please click here .

May 22, 2015.

On April 15, 2015, the Department of Labor (Department) published in the Federal Register a Notice of Proposed Rulemaking: Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Open Range in the United States (NPRM) (80 FR 20300). The NPRM provided for the submission of public comments through May 15, 2015. In response to public requests to extend the comment period, the Department published a subsequent notice in the Federal Register to extend the comment period by 15 days, through June 1, 2015 (80 FR 25633). After the publication of the notice announcing the extension, the Department received additional requests to extend the comment period. However, the Department is required by court order to publish a final rule no later than November 1, 2015, Mendoza v. Perez, No. 11-1790 (D.D.C Oct. 31, 2014), and any further extension of the comment period would significantly impair our ability to meet this court-ordered deadline. As a result, we have not further extended the comment period beyond June 1, 2015.

May 20, 2015. Announcing the H-2B 2015 Interim Final Rule Webinar

On May 27, 2015 at 2pm Eastern Daylight Time, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2B program made by the H-2B 2015 Interim Final Rule, which became effective on April 29, 2015. Please note that this webinar is limited to 300 participants and will be accessible to the public on a first-come, first-served basis. To learn more, including how to access the Department's H-2B 2015 Interim Final Rule public webinar, please click here.

May 18, 2015. H-2B 2015 Final Wage Rule Webinar Recording

The recording of the H-2B 2015 Final Wage Rule webinar briefing, hosted on May 13, 2015, has been posted under the Prevailing Wage Information section on the Office of Foreign Labor Certification's H-2B 2015 Interim Final Rule web page. To access the page, please click here . To access the recording directly, please click here.

May 14, 2015. H-2B 2015 Final Wage Rule Webinar Presentation

The presentation for the H-2B 2015 Final Wage Rule webinar briefings, hosted on May 13, 2015 and May 15, 2015, has been posted under the Prevailing Wage Information section on the Office of Foreign Labor Certification's H-2B 2015 Interim Final Rule web page. To access the page, please click here . To access the presentation directly, please click here.

May 7, 2015. H-2B 2015 Final Wage Rule Webinar

The Department will host two public webinars to educate stakeholders, program users, and other interested members of the public on the changes to the H-2B program made by the H-2B 2015 Final Wage Rule, in effect as of April 29, 2015. The webinar briefings are scheduled for May 13, 2015 and May 15, 2015, from 1:00 PM until 2:30 PM Eastern Daylight time. There is no pre-registration for the public webinars. Each will be accessible to the public on a first-come, first-served basis on the dates specified. Please read the instructions for accessing the Department's H-2B Final Wage Rule public webinars here.

May 5, 2015. DOL Extends the Comment Period for the H-2A Open Range Notice of Proposed Rulemaking to and including June 1,2015

May 1, 2015. H-2B 2015 Interim Final Rule Web Page

The Office of Foreign Labor Certification has created a dedicated web page for the H-2B 2015 Interim Final Rule to provide assistance to stakeholders. The web page contains program details with links to Frequently Asked Questions, the iCERT System for electronic filing, the Forms page and more. To access the page, please click here.

April 29, 2015. New H-2B Program Regulations

On April 29, 2015, the Departments of Labor and Homeland Security jointly published new regulations governing the H-2B Temporary Non-agricultural Labor Certification Program. The new regulations are effective immediately.

The Department of Labor's news release discussing the two regulations may be accessed here .
To read the Temporary Non-Agricultural Employment of H-2B Aliens in the United States, Interim Final Rule and learn how to submit comments during the 60-day open comment period, please click here .
To read the Wage Methodology for the Temporary Non-Agricultural employment H-2B Program, Final Rule please click here .
For compliance assistance with H-2B program obligations, you may access the Department's Wage and Hour Division Web site here .
In addition, the Department's Office of Foreign Labor Certification will soon launch a dedicated technical implementation Web page for the new H-2B regulations and will alert stakeholders when it becomes available.

April 24, 2015.

In an effort to increase the transparency of foreign labor certification application processing, the Office of Foreign Labor Certification has expanded the data fields displayed in the PERM, H-1B, H-2A and H-2B Disclosure Data. The 2nd quarter disclosure data now includes additional information that better coincides with the majority of data fields displayed located on the Labor Certification Registry . A power point presentation has been posted here to provide details of the additional fields included in the new tables.

April 16, 2015: H-2B Processing Continuing

On April 15, 2015, the federal district court for the Northern District of Florida issued a further order in Perez v. Perez, No 3:14-cv-682 (N.D. Fla., March 4, 2015) that permits DOL to continue its processing of H-2B applications and requests for prevailing wages through May 15, 2015 unless otherwise lifted by the court. Therefore, DOL is continuing to process H-2B applications and requests for prevailing wage.

April 16, 2015: DOL H-2B Processing Stops Again

Under the court order issued March 18, 2015, by the federal district court in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida), DOL was permitted to temporarily resume processing H-2B requests for prevailing wages and applications for labor certification under the 2008 H-2B rule through April 15, 2015. The court's order permitted only a temporary resumption, and now requires DOL once again to cease accepting or processing requests for prevailing wage determinations or applications for labor certification in the H-2B program. Effective April 16, 2015, DOL has ceased accepting or processing H-2B prevailing wage determinations and applications for H-2B temporary non-agricultural labor certification under the 2008 rule. DOL and DHS are moving as quickly as possible to issue new joint regulations that will enable DOL to resume processing H-2B applications and requests for prevailing wage determinations.

April 15, 2015.

On April 15, 2015, the Department published in the Federal Register a Notice of Proposed Rulemaking: Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Open Range in the United States (H-2A Open Range NPRM). 80 FR 20300 (Apr. 15, 2015). The Department invites public comments on the H-2A Open Range NPRM during the 30-day comment period ending on May 15, 2015. To read the H-2A Open Range NPRM and learn how to submit comments, please click here .

April 14, 2015.

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 2 FY 2015 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 3/30/2015.The updated program factsheets may also be found on OFLC's Performance Data page .

March 20, 2015. FAQs regarding Temporary Stay of the Court's Vacatur of 2008 Final Rule

The Department of Labor is making available Frequently Asked Questions (FAQs) regarding its implementation of the Northern District of Florida's March 18, 2015 decision to temporarily stay its earlier judgment in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015). As a result of this stay, the Department has temporarily resumed processing of requests for H-2B prevailing wage determinations and applications for H-2B temporary non-agricultural labor certification until April 15, 2015. The FAQs can be accessed here .

March 18, 2015. Prohibition of DOL H-2B Processing Temporarily Lifted

On March 18, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting DOL to restart its processing of H-2B applications under the 2008 rule immediately and to continue processing applications under that rule through April 15, 2015. Effective immediately, DOL will begin processing H-2B applications under the 2008 rule and will continue to do so through April 15th. Under the terms of the court's March 18th order, any application for certification or prevailing wage determination that has not completed DOL processing by the time the stay ends as of April 16, 2015 may no longer be processed under the 2008 H-2B rule.

March 16, 2015. Joint Statement from DOL and DHS on Next Steps for the H-2B Program

On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor's (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Perez v. Perez, No. 3:14-cv-682 (N.D. Fla., Mar. 4, 2015). Because this decision vacated the rule and permanently enjoined DOL from enforcing it, DOL was forced to immediately discontinue the processing of applications for temporary labor certification in the H-2B program.

To rectify the regulatory gap that the vacatur has caused, DOL and DHS are working expeditiously to issue a joint Interim Final Rule (IFR). It is the two Departments' intention to promulgate this rule by April 30, 2015. In addition, DOL will seek to determine whether relief from the Court's decision may be obtained such that processing can continue during the period of time before an IFR is promulgated.

DOL and DHS recognize the hardship that has resulted from the Court's decision. That is why the Departments are moving as quickly as possible to issue new regulations that would be consistent with the decision. In so doing, the Departments must be mindful of other court decisions that have invalidated past subregulatory actions in the H-2B and related programs, including the issuance of guidance in the absence of rulemaking.

March 4, 2015.

On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor‘s (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Perez v. Perez , No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015). Because of this decision, effective immediately, DOL can no longer accept or process requests for prevailing wage determinations or applications for labor certification in the H-2B program. DOL is considering its options in light of the court‘s decision.

February 23, 2015. Federal Register Notice Announcing the 2015 Allowable Charges for Agricultural Workers' Meals and Travel Subsistence Reimbursement, Including Lodging for the H-2A Program

The Department of Labor has published a Notice in the Federal Register to announce the allowable charges for 2015 that employers seeking H-2A workers 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 in 2015. The Notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence for the H-2A program. To read the Notice, please click here .

February 2, 2015. The Department has released its Foreign Labor Certification Annual Report for FY 2013

The 2013 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification, and Temporary Nonimmigrant Labor Certification for FY 2013. The report also contains State Employment-Based Labor Certification Profiles and top Country Employment-Based Immigration Profiles. Click here to view the 2013 Annual Report.

January 27, 2015. Additional Guidance regarding CATA v. Perez and Employers' H-2B Temporary Employment Certifications That Are Based on Employer-Provided Surveys

On Dec. 23, 2014, the Department announced procedures to implement the Court's decision in Comite de Apoyo a los Trabajadores Agricolas et al v. Perez, No. 14-3557 (3rd Cir.Dec. 5, 2014), which were applicable to (1) employers with pending prevailing wage requests based on an employer-provided survey and (2) employers who had received a prevailing wage determination based on an employer-provided survey but whose H-2B application had not yet been certified. In the latter case, the Department is issuing supplemental prevailing wage determinations (SPWDs) based on the OES mean.

For employers who already received an H-2B temporary labor certification based on an employer-provided survey as of the date of the issuance of the Court's order on December 5, 2014, the Department will hold in abeyance the issuance of any SPWDs pending the conclusion of the adjudicatory proceeding initiated by the Secretary of Labor's Notice of Intent to Issue a Declaratory Order, 79 Fed. Reg. 75179 (Dec. 17, 2014).

January 22, 2015. FY 2015 Q1 Cumulative Disclosure Data

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 1 of FY 2015 are now available. Click here to access the disclosure files and corresponding record layouts.

January 16, 2015. DOL has Extended the Comment Period for the H-2B Notice of Intent to Issue Declaratory Order

On December 17, 2014, the Department of Labor (Department) published in the Federal Register a Notice of Intent to Issue Declaratory Order, Request for Comment, 79 Fed. Reg. 75179 (Notice). The Notice provided for the submission of public comments through January 16, 2015. On January 16, 2015 the Department published in the Federal Register a subsequent notice extending this comment period by 15 days, until February 2, 2015 in order to provide the public with additional time to submit comments. To read the notice extending the comment period, please click here . To read the Notice and learn how to submit comments, please click here .

January 16, 2015. The Office of Foreign Labor Certification (OFLC) Implements Search FAQs feature on Frequently Asked Questions and Answers page

The Office of Foreign Labor Certification (OFLC) has updated the FAQ page of its official website with a new keyword search function, Search FAQs . Users may now search the FAQ page by using a single keyword or exact phrase to identify items in the FAQ database that correspond to keywords or characters specified by the user. A Tip sheet has been developed to assist with use of the Search FAQs tool. To access the FAQs page and Search FAQs Tip Sheet, click here.

January 13, 2015. DOL is Extending the Comment Period for the H-2B Notice of Intent to Issue Declaratory Order

On December 17, 2014, the Department of Labor (Department) published in the Federal Register a Notice of Intent to Issue Declaratory Order, Request for Comment, 79 Fed. Reg. 75179 (Notice). The Notice provided for the submission of public comments through January 16, 2015. The Department will publish in the Federal Register a notice extending this comment period by 15 days, until February 2, 2015 in order to provide the public with additional time to submit comments. To read the Notice and learn how to submit comments, please click here .

January 8, 2015. Permanent Labor Certification Program: Listening Session.

On Thursday, January 22nd, 2015 from 4:30pm until 5:30pm EST , the Department of Labor (Department) will host a stakeholder listening session regarding the Permanent Labor Certification Program (PERM) via conference call. The session will be led by the Department's Deputy Chief of Staff, Seema Nanda and the Assistant Secretary for Employment and Training, Portia Wu.

The Department is interested in beginning a dialogue and receiving feedback from you regarding the PERM program's role in employment-based immigration, its current regulatory framework and any general areas of concern to the stakeholder community. To learn more, please read the Department's factsheet .

To participate in the listening session please RSVP no later than January 19th by clicking on the following link http://webapps.dol.gov/DOLEvents/Event/View/347/PERM-Public-Listening-Session and completing the registration form for the individual who will represent your organization .

Once an RSVP is received, your organization's representative will receive a confirmation e-mail with additional details.

If you have questions, please feel free to contact the Department's Office of Public Engagement at PublicEngagement@dol.gov .

We look forward to engaging with you on this important issue.

Calendar Year 2014

December 23, 2014.

In response to inquiries from our stakeholders, the Department is elaborating on the procedures that will be utilized in implementing the decision in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis , No. 14-3557 (3rd Cir.), as stated below. Additional guidance may also be posted here.

Employers with pending prevailing wage request: Employers who have a prevailing wage determination request pending that is based on an employer-provided survey may modify that request to utilize a Service Contract Act (SCA) or Davis Bacon Act (DBA) wage determination or a wage based on a Collective Bargaining Agreement (CBA). That request will not be treated as a new filing and the request will be processed based on the original filing date. Employers are reminded that the request must specify precisely which SCA or DBA wage determination is being used or provide a copy of the Collective Bargaining Agreement. In the absence of such a request, the NPWC will issue the prevailing wage determination based on the OES mean for the occupation.

Employers who have received a prevailing wage determination: Employers who have already received a prevailing wage determination based on an employer-provided survey but who have not yet filed their application with the Chicago National Processing Center (NPC) may request a redetermination from the National Prevailing Wage Center irrespective of the time limits set forth in 20 CFR 655.10(g). An employer who has received a prevailing wage determination based on an employer-provided survey may use the survey-based wage rate in its recruiting. Employers who have filed their application with the NPC, and whose applications are adjudicated favorably, will receive a supplemental prevailing wage determination (SPWD) based on the OES mean for the occupation, along with the certification. The SPWD will provide the opportunity to seek a redetermination under 20 CFR 655.10(g). If, upon redetermination, the use of an alternative wage source (SCA, DBA, or CBA) is approved, the employer should return the original certification to the NPC and a new certification will be issued.

December 19, 2014. New 2015 H-2A Adverse Effect Wage Rates (AEWRs)

The Department has published a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state, based on the Farm Labor Survey conducted by the U.S. Department of Agriculture. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular agricultural job and area, so that the wages of similarly employed U.S. workers will not be adversely affected. To read the Federal Register notice please click here .

December 17, 2014. Federal Register Notice of Intent to Issue Declaratory Order; Request for Comment within 30 Days

The Department of Labor has published in the Federal Register a Notice of Intent to Issue a Declaratory Order applicable to the Temporary Non-agricultural Employment H-2B Program. To read the Notice, please click here .

December 9, 2014

Effective December 8, 2014, the Department is no longer issuing prevailing wage determinations in the H-2B program based on employer provided wage surveys. This action is in response to the Court order entered December 5, 2014 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis , No. 14-3557 (3rd Cir.). The Court's order vacated the portion of the H-2B wage rule (20 CFR § 655.10(f)) and 2009 Wage Guidance permitting the use of such surveys. Therefore, Prevailing Wage Determination Requests currently pending with the National Prevailing Wage Center that seek to utilize employer provided surveys will be given the appropriate Occupational Employment Statistics (OES) wage for the occupation. Employers who wish to utilize a Service Contract Act or Davis Bacon Act wage determination or a wage based on a Collective Bargaining Agreement may request redetermination under 20 CFR § 655.10(g). Employers whose prevailing wage determination was based an employer provided wage survey, but whose H-2B Applications for Temporary Employment Certification have not yet resulted in a final determination by the Chicago NPC, will be notified of their new wage obligation along with their certification letters.

November 20, 2014. USDA Release of 2014 Farm Labor Survey

On November 20, 2014, the United States Department of Agriculture (USDA) issued the Farm Labor Survey (FLS) report in which it established the average annual wage rates, by region and the United States, for field and livestock workers. The Department of Labor (Department) relies on the average annual combined hourly wage for field and livestock workers in order to establish the Adverse Effect Wage Rates (AEWRs) in the H-2A program. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment, so that the wages of workers similarly employed in the United States will not be adversely affected.

The Department is reviewing the USDA FLS average annual wage rates for 2014 and will soon publish a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state at which time the rates will become immediately effective. To obtain more information on NASS surveys and reports, please call the NASS Agricultural Statistics Hotline at (800) 727-9540, 7:30 a.m. to 4:00 p.m. ET, or e-mail: nass@nass.usda.gov . To obtain a copy of the latest USDA FLS report, please click here .

October 23, 2014.

As of October 27, 2014, the Atlanta National Processing Center has changed its process and will no longer automatically forward to BALCA all PERM case Requests for Reconsideration where the original case decision was upheld. Rather, a Notice of Decision will be issued when the case is upheld, and the employer must affirmatively request review before BALCA no later than 30 calendar days after the date the Notice of Decision is issued. FAQs now reflect this change in process.

October 23, 2014.

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 4 FY 2014 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 9/30/2014.The updated program factsheets may also be found on OFLC's Performance Data page .

October 17, 2014. H-1B Legacy records no longer available

On July 8, 2013, the National Archives and Records Administration (NARA) approved OFLC's revised retention schedule following a 30-day period of public notice and review. As part of its review and approval process, NARA determined employer applications for labor certification and supporting documentation, whether retained in paper and electronic form, are temporary records and subject to destruction in accordance with an approved disposition schedule. The OFLC-approved disposition schedule authorizes the retention of records for a period of 5 years following the date a final determination letter is issued or final action occurs, such as a withdrawn application, subject to an active investigation or litigation hold.

The records NARA identified as permanent records are the annual disclosure data files currently located on the FLC Data Center at http://www.flcdatacenter.com , as well as the quarterly disclosure data files and the OFLC Annual Reports located on the OFLC Performance page at https://www.dol.gov/agencies/eta/foreign-labor/performance.

Labor Condition Applications (LCA) retained in the LCA Online System are all beyond the retention period of 5 years from a date of final determination or final action. Therefore, effective October 17, 2014, the LCA Online System located at http://www.lca.doleta.gov has been decommissioned.

The OFLC will no longer respond to inquiries to search for records in response to FOIA requests, or provide information for requests for duplicate certifications for LCA applications processed in the LCA Online System, in keeping with the OFLC records schedule.

October 7, 2014. Staggered Crossing of Seafood Industry extended through December 11, 2014

On January 17, 2014, the President signed into law the Consolidated Appropriations Act of 2014 (the "2014 Appropriations Act"), Pub. L. 113-76, which included a provision permitting staggered entry of H-2B workers employed by employers in the seafood industry under certain conditions. Following passage of the Continuing Appropriations Resolution, 2015, Pub. L. 113-164, this provision now expires on December 11, 2014; accordingly, no staggered entry of H-2B workers after December 11, 2014 will be permitted absent further legislative extensions.

In order to use the "staggered crossing" provision established by the 2014 Appropriations Act, seafood industry employers must download, complete and sign the official attestation , and provide it to the H-2B nonimmigrant worker for presentation, upon request, to the Department of State's Consular Officers and/or the Department of Homeland Security's Customs and Border Protection officers. The Frequently Asked Questions (FAQs) may be accessed here .

September 16, 2014.

The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2014 Q4 TD selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 8/31/2014.The updated program factsheets may also be found on OFLC's Performance Data page.

September 10, 2014.

August 22, 2014.

IMPORTANT! The iCERT and PERM Systems will be unavailable during the following dates/times as the Department upgrades the databases to Oracle 11g:

Starting Friday, August 22 at 7:00 pm EST
Ending Monday, August 25 at 6:00 am EST

We apologize for any inconvenience this may cause. In the event that the Department's upgrade is delayed or canceled, we will post a revised or new technical announcement. We anticipate all systems returning to normal operations after 6:00 am EST on Monday, August 25.

August 19, 2014.

The Office of Foreign Labor Certification has posted an updated program factsheet containing the Quarter 3 FY 2014 selected statistics for the Prevailing Wage Determination Program , reflecting the correct number of Prevailing wage determinations FYTD. Reports are derived from program data as of 6/30/2014. The updated program factsheets may also be found on OFLC's Performance Data page .

August 19, 2014.

OFLC has posted updated versions of the PERM and Prevailing Wage Disclosure Datasets titled "PERM_FY14_Q3.xlsx" and "PWD_FY14_Q3.xlsx." These updated datasets include cumulative data covering October 1, 2013 through June 30, 2014. Click here to access the disclosure files and corresponding record layouts.

July 31, 2014. FY 2014 Q3 Cumulative Disclosure Data

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 3 of FY 2014 are now available. Click here to access the disclosure files and corresponding record layouts.

July 21, 2014.

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 3 FY 2014 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 6/30/2014.The updated program factsheets may also be found on OFLC's Performance Data page .

July 1, 2014.

On July 1, 2014, OFLC uploaded the newest prevailing wage data from the Occupational Employment Survey as generated by the Bureau of Labor Statistics for the year from July 2014 - June 2015. The effective date is July 1, 2014. Prevailing wages issued from the National Prevailing Wage Center will reflect the new data.

June 9, 2014.

OFLC has become aware of an anomaly in the published LCA Disclosure dataset titled "H1B_FY2014_Q2". The error is with respect to the listing of the "PW_SOURCE_1" and "PW_SOURCE_2" data. The dataset erroneously listed a numeric code associated with a wage source; it has been corrected to display the actual wage source.

June 5, 2014.

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 3 TD FY 2014 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . Reports are derived from program data as of 5/24/2014.The updated program factsheets may also be found on OFLC's Performance Data page .

June 2, 2014.

OFLC has become aware of an anomaly in the published Prevailing Wage Disclosure datasets titled " PWD_FY 2013.xlsx " and " PWD_FY 2014_Q2.xlsx " The error is with respect to the listing of wage levels (Level I-IV) under the column "Pwd_Wage_Level" for all H-2B wage determinations issued on or after April 24, 2013. Effective April 24, 2013 wage levels I-IV were no longer issued for all H-2B wages, and the wage level listed on the disclosure dataset is inaccurate. H-2B OES Wages were and are issued at the OES mean wage.

April 21, 2014.

The Office of Foreign Labor Certification has posted a Disclosure Data User Guide on the Disclosure Data tab of the Performance Data section of their website that provides an example of how, using Microsoft Excel, the OFLC Disclosure Data files can be filtered or sorted to provide relevant information specific to your needs.

April 17, 2014. Records Notice of Employer Applications Retained in the LCA Online System for H-1B, H-1B1 and E-3 Applications Eligible for Destruction

The records NARA identified as permanent records are the annual disclosure data files currently located on the FLC Data Center at http://www.flcdatacenter.com , as well as the quarterly disclosure data files and the OFLC Annual Reports located on the OFLC Performance page at http://www.foreignlaborcert.doleta.gov/performancedata.cfm .

Labor Condition Applications (LCA) retained in the LCA Online System: As of Thursday, April 17, 2014, the OFLC no longer has access to employer H-1B, H-1B1 or E-3 application records that are beyond the retention period of 5 years from a date of final determination or final action, and stored in the LCA Online System which is located at: http://www.lca.doleta.gov . The records have been destroyed in accordance with OFLC's Record Schedule DAA-0369-2013-0002. Prior to the destruction of the records, any records within the 5 year retention period, part of an active investigation, Freedom of Information Act requests, or mandatory litigation hold have been identified and were not destroyed.

Employers will still be able to access applications processed in 2009. The OFLC will no longer respond to inquiries to search for records in response to FOIA requests, or provide information for requests for duplicate certifications for LCA applications with a final determination issued in 2008 or earlier, in keeping with the OFLC records schedule.

April 16, 2014. Staggered Crossing of Seafood Industry (through September 30, 2014)

On January 17, 2014, the President signed into law the Consolidated Appropriations Act of 2014 (the "2014 Appropriations Act"), Pub. L. 113-76, which includes a provision permitting staggered entry of H-2B workers employed by employers in the seafood industry under certain conditions. This provision expires on September 30, 2014; accordingly, no staggered entry of H-2B workers after September 30, 2014 will be permitted.

April 15, 2014

April 15, 2014 The iCERT System and the PERM Case Management System (CMS) will both be unavailable on Saturday, May 3, 2014, from 6:00 am until approximately 8:00 pm Eastern Time for required scheduled maintenance. While we do not at this time anticipate problems once the maintenance has been performed, filers may experience delays and/or continued unavailability immediately following the scheduled maintenance, and the Department will do everything possible to avoid or minimize any service issues. We apologize for the inconvenience.

April 14, 2014. Staggered Crossing of Seafood Industry (through September 30, 2014)

In order to use the "staggered crossing" provision established by the 2014 Appropriations Act, seafood industry employers must download, complete and sign the official attestation, and provide it to the H-2B nonimmigrant worker for presentation, upon request, to the Department of State's Consular Officers and/or the Department of Homeland Security's Customs and Border Protection officers. The Frequently Asked Questions (FAQs) may be accessed here.

April 11, 2014.

The following case disclosure files cover determinations issued between January 1, 2014 through March 31, 2014. A small percentage of determinations are subject to change in subsequent quarterly releases due to appeal or redetermination decisions on employer applications. https://www.dol.gov/agencies/eta/foreign-labor/performance

April 11, 2014.

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 2 FY 2014 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . The updated program factsheets may also be found on OFLC's Performance Data page .

March 25, 2014. Customer Reminder Regarding iCERT Compatibility with Internet Explorer

This announcement is an important reminder that our iCERT System Web site at http://icert.doleta.gov is best viewed and optimized to work on Microsoft Internet Explorer 8 (IE). Although the iCERT System is functional using other versions of IE or alternative browsers such as Firefox, Chrome, or Safari, please be aware that you may experience technical issues with screen navigation or other certain "pop-up" windows (e.g., occupation or industry code pop-up functions) appearing within the iCERT System, especially in the Prevailing Wage, H-2A and H-2B modules.

Until we release an upgrade to the iCERT System in the coming months, customers with IE 9, IE 10, or higher installed on their computers can fix these screen navigation or other technical issues by performing the following minor adjustments to their browser:

Step 1: Under the "Tools" option at the top of your IE browser, choose the "F12 developer tools" function
Step 2: When the function bar is displayed, click on the "Browser Mode: IE# Compat View" option
Step 3: From the drop down menu, choose "Internet Explorer 8"

Once you completed these basic steps, your browser will be compatible with IE 8 and the iCERT System technical issues should be resolved. Please do not hesitate to contact the iCERT System Help Desk at oflc.portal@dol.gov if you are continuing to have difficulties accessing the system. Thank you.

March 25, 2014.

LCAs Approved, But Email Notifications Not Always Getting to Submitter: Please be advised that OFLC's iCERT system is experiencing an IT glitch with respect to the issuance of confirmation emails for Labor Condition Applications (LCAs). OFLC is working to resolve this issue. We strongly recommend that submitters continue to check their iCERT accounts to confirm LCA status and to retrieve and print certified LCAs.

March 14, 2014. Federal Register Notice Announcing Notification of Status of the 2011 H-2B Wage Rule

The Department of Labor has published a Notification in the Federal Register to provide notice to the regulated community of the status of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program, published January 19, 2011, (2011 Wage Rule) in the Federal Register. To read the Notice, please click here .

March 5, 2014. Federal Register Notice Announcing the 2014 Allowable Charges for Agricultural Workers' Meals and Travel Subsistence Reimbursement, Including Lodging for the H-2A Program

The Department of Labor has published a Notice in the Federal Register to announce the allowable charges for 2014 that employers seeking H-2A workers 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 in 2014. The Notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence for the H-2A program. To read the Notice, please click here .

February 24, 2014.

The Office of Foreign Labor Certification has replaced an incorrect link previously located on the OFLC's Performance Data Page, Disclosure Data Tab. The Fiscal Year 2012 PW_Case_Data_FY2012 link has been updated and now directs users to the correct FY 2012 Prevailing Wage Disclosure Data File.

February 21, 2014. New FAQ regarding notification and consideration of laid-off U.S. workers for PERM applications

New Frequently Asked Question (FAQ). This FAQ addresses how an employer is to demonstrate that it notified and considered laid-off U.S. workers for the job opportunity listed on the ETA Form 9089. To read the FAQ, please click here and scroll to the PERM / Recruitment Report subheading.

February 18, 2014.

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 1 FY 2014 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . The updated program factsheets may also be found on OFLC's Performance Data page .

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 1 of FY 2014 are now available. Click here to access the disclosure files and corresponding record layouts.

February 4, 2014. Deactivation of Select H-2A and H-2B Mailboxes

In order to implement the Department's IT modernization initiative and new cloud computing requirements, the OFLC Chicago National Processing Center (NPC) deactivated the following email boxes on February 3, 2014:

H2A.Amend-Extend.Chicago@dol.gov
H2A.Abandonment-Termination.Chicago@dol.gov
H-2B.Amend-Extend.Chicago@dol.gov
H2B.Abandonment-Termination.Chicago@dol.gov

Accordingly, H-2A and H-2B employers who need to request amendments/extensions or submit notices of worker abandonments and terminations must use the TLC.Chicago@dol.gov mailbox. Please remember to include "Amend and Extend" or "Abandonment and Termination", as applicable, in the "Subject" line of your e-mail.

Employers may also continue to submit these requests via fax on (312) 886-1688 or U.S. mail at the following address:

U.S. Department of Labor
Office of Foreign Labor Certification
Chicago National Processing Center
11 West Quincy Court Chicago, IL 60604-2105
Attention: H-2A Program Unit

January 31, 2014. Maintaining Integrity in PERM: Program Compliance and Audits

Section 212(a)(5)(A) of the Immigration and Nationality Act requires the Secretary to certify the admissibility of a foreign national for employment only when the Secretary can certify that the employment of that foreign worker will not adversely impact the wages and working conditions of US workers similarly employed, and that there is a job opportunity for which a US worker is unavailable. As the regulated community knows, the Department of Labor's Office of Foreign Labor Certification (OFLC) is responsible for maintaining the integrity and compliance of the primarily attestation-based PERM Program through the use of certain measures, including audit and supervised recruitment, under a broad integrity review authority. At the time of PERM's implementation, the Department stated that OFLC would select certain applications for audit, employing "auditing techniques that can be adjusted as necessary to maintain program integrity", as well as for quality control. 69 Fed. Reg. 77326, 77328 (Dec. 27, 2004). The Department noted at the time the need for changing audit criteria to focus integrity efforts on program abuse and adjust the audit mechanism as necessary as we gained program experience. 69 Fed. Reg. 77359. Finally, the Department reserved the process of supervised recruitment for a broad application "in any case in which the C[ertifying] O[fficer] deems it appropriate" as a reasonable quality control mechanism. 69 Fed. Reg. 77360, 77362.

In response to a recent Freedom of Information Act (FOIA) request, we are releasing and making available to all of the regulated community the following documentation regarding the areas in the PERM Program that have in the past warranted this closer examination. Click here to view the OFLC Audit Plan. These areas were deliberately chosen to ensure we are carrying out our statutory responsibilities while also recognizing the evolving nature of program integrity and quality control.

We hope the publication of this information assists filers, especially first-time filers, comply with the PERM Program's various requirements.

January 24, 2014. The Department has released its Foreign Labor Certification Annual Report for FY 2012

The 2012 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification, and Temporary Nonimmigrant Labor Certification for FY 2012. The report also contains State Employment-Based Labor Certification Profiles, information on STEM-related occupations in the labor certification programs, H-2A Agricultural Certification Statistics, and top Country Employment-Based Immigration Profiles. Click here to view the 2012 Annual Report.

January 3, 2014. New 2014 H-2A Adverse Effect Wage Rates (AEWRs)

Calendar Year 2013

December 20, 2013. Island Holdings

On December 3, 2013, The Board of Alien Labor Certification Appeals (BALCA) issued an en banc decision in The Matter of Island Holdings LLC (2013-PWD-00002). That decision vacated the supplemental prevailing wage determinations issued in light of the Department's Interim Final H-2B Wage Rule (78 Fed. Reg. 24047, April 24, 2013). A class action complaint has been filed in the district court in the Eastern District of Pennsylvania, challenging the Island Holdings decision, CATA v. Perez , 13-CV-07213. After a full review of the Island Holdings decision and the district court complaint, the Department has decided to postpone action on the Island Holdings decision pending judicial review, as permitted by the Administrative Procedure Act, 5 U.S.C. § 705. This action is in the interest of justice, given the confusion and substantial disruption that would be created if the Department implemented the decision and it was subsequently overturned by the district court. Accordingly, all OFLC actions related to the resolution of appeals in the supplemental prevailing wage decisions will be stayed, pending the resolution of the district court action. Please continue to check back on this site for additional information.

November 20, 2013. Selected Statistics Update

The Office of Foreign Labor Certification has posted revised program factsheets containing the FY 2013 selected statistics for the Permanent Labor Certification Program, and the FY 2013 H-2A Temporary Agricultural Labor Certification Program. The revised program factsheets may be found on OFLC's Performance Data page.

November 20, 2013. The Department published three final rules eliminating OFLC regulations that have been made obsolete by statutory or regulatory changes

The H-1A nursing visa (20 CFR 655 subparts D and E) and the F-1 student off-campus work permit (20 CFR 655 subparts J and K) regulations were based on statutes that sunset September 30, 1997 and September 30, 1996, respectively; the programs sunset at later dates and have now been completed. The logging provisions in 20 CFR subpart C were incorporated into the H-2A regulations published in the Department of Labor's final rule, Temporary Agricultural Employment of H-2A Aliens in the United States, 75 FR 6884 (Feb. 12, 2010). To see the H-1A rule, click here . To see the F-1 rule, click here , To see the logging rule, click here .

November 14, 2013. USDA Postpones Release of 2014 H-2A AEWR Wage Data

On October 17, 2013, the United States Department of Agriculture (USDA) announced a change in the schedule for the release of certain reports due to the lapse in Federal appropriations resulting in the Government shutdown. Among the affected reports is the Farm Labor Survey (FLS) report upon which the Department relies in order to establish the Adverse Effect Wage Rates in the H-2A program. The new release date for the FLS report will be December 5, 2013. To learn more, please read the USDA News Release.

November 13, 2013.

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 4 FY 2013 selected statistics for the Permanent Labor Certification Program, Prevailing Wage Determination Program, H-1B Temporary Visa Program, H-2A Temporary Agricultural Visa Program, and H-2B Temporary Non-agricultural Visa Program. The updated program factsheets may also be found on OFLC's Performance Data page.

Records Notice of Employer Applications Retained in Permanent Backlog System (PBLS) Eligible for Destruction

On July 8, 2013, the National Archives and Records Administration (NARA) approved OFLC's revised retention schedule following a 30-day period of public notice and review. As part of its review and approval process, NARA determined employer applications for labor certification and supporting documentation, whether retained in paper and electronic form, are temporary records and subject to destruction in accordance with an approved disposition schedule. The OFLC-approved disposition schedule authorizes the retention of records for a period of 5 years following the date a final determination letter is issued, subject to an active investigation or litigation hold.

The records NARA identified as permanent records are the annual disclosure data files currently located on the FLC Data Center at http://www.flcdatacenter.com , as well as the quarterly disclosure data files and the OFLC Annual Reports located on the OFLC Performance page at http://www.foreignlaborcert.doleta.gov/performancedata.cfm .

Permanent program applications retained in the OFLC Permanent Backlog System (PBLS): As of October 25, 2013 the OFLC no longer has access to employer application records that are beyond the retention period of 5 years from the date a final determination was issued and stored in the PBLS system. The PBLS system, which was previously used by the OFLC Backlog Processing Centers, has now been destroyed in accordance with OFLC Records Schedule Number DAA-0369-2013-0002. Prior to destruction of the PBLS system software and database, any records within the 5-year retention period, active investigation, Freedom of Information Act requests, or mandatory litigation hold have been identified and were not destroyed.

The OFLC will no longer respond to inquiries to confirm priority dates, search for records in response to FOIA requests, or provide information for requests for duplicate certifications for permanent labor certification applications with a final determination issued in 2008 or earlier, in keeping with the OFLC records schedule.

October 28, 2013: Notice to H-2A Stakeholders: Accommodation PDFs will Continue Through November 18th

On October 21st, OFLC announced, as a temporary accommodation not to exceed 30 days, it would send an Adobe PDF of an approved certification to H-2A employers and authorized representatives. That accommodation will be continued through November 18, 2013.

October 28, 2013: Revised ETA Forms 232 and 232A for the H-2A Program

The Department has revised the ETA Form 232, Domestic Agricultural In-Season Wage Report and ETA Form 232-A, Wage Survey Interview Record which are used by State Workforce Agencies (SWA) to collect wage information from agricultural employers for the H-2A program. This enhanced survey and reporting mechanism will allow for a more accurate data collection by the SWAs in support of the direct administration of the foreign labor certification programs. As of the date of this announcement, State Workforce Agencies should use the new forms for future H-2A program wage reporting to the Office of Foreign Labor Certification. To access the revised forms please click here .

USCIS Announces Temporary Accommodation for Form I-129 H-2A Petitions
On October 23, 2013, USCIS issued the following alert:

With the reopening of the federal government, USCIS has been informed that the Department of Labor's (DOL) Office of Foreign Labor Certification is once again accepting and processing applications, including Temporary Labor Certifications (TLCs).

On Oct. 21, 2013, DOL issued an announcement to H-2A stakeholders stating that once the TLC is certified, the Chicago National Processing Center will send an email to the employer and its authorized representative containing an Adobe PDF of the labor certification. The employer would need to print, sign and date the PDF version for submission to USCIS with the Form I-129, Petition for Nonimmigrant Worker.

USCIS usually requires that a petitioner submit the certified TLC on blue security paper with original signatures. Beginning today, USCIS in consultation with DOL, has determined that USCIS will temporarily accept Form I-129 H-2A petitions that are filed with a copy of the certified TLC. During this temporary accommodation, the signatures on the TLC submitted to USCIS do not need to be original. This temporary accommodation is being implemented because of the unique time sensitivities associated with agricultural work.

H-2A petitioners must submit the original Form I-129 petition, all required fees, and supporting documentation with a copy of the signed, certified TLC. DOL has indicated that this accommodation should last no longer than 30 days. USCIS will provide further guidance on when this accommodation will expire. At that time, H-2A petitioners will once again be required to submit the signed original of the certified TLC with their H-2A petition.

October 21, 2013: Notice to Stakeholders Regarding H-2A Certifications.

As a result of the unique perishable nature of agricultural commodities in the H-2A program, OFLC will temporarily (for a period not to exceed 30 days) implement the following mailing procedure:

Upon certification of an H-2A application, the Chicago National Processing Center will send the employer and its authorized representative an Adobe PDF of the labor certification via e-mail. The employer would need to print, sign and date the PDF version for submission to USCIS with the I-129 Petition for Nonimmigrant Worker(s).
The original (secure) H-2A labor certification will be delivered overnight to the employer or its authorized representative in line with normal OFLC practices.

September 24, 2013. The Office of Foreign Labor Certification (OFLC) updates its records retention schedule to include case management systems and electronic records

On July 8, 2013, the National Archives and Records Administration (NARA) approved OFLC's revised record retention schedule following a 30-day period of public notice and review. During its review and approval process, NARA determined employer application files and supporting documentation, whether retained in paper or electronic form, to be temporary records and subject to destruction in accordance with an approved disposition schedule. The OFLC approved disposition schedule authorizes retention of records for a period of 5 years following the date a final determination letter is issued, subject to an active investigation or litigation hold. Employer applications that are part of an active investigation or pending litigation are exempted from the approved disposition schedule and will be retained until the investigation and/or litigation matters are closed. This approved disposition schedule limits retention of both paper and electronic records to a 5-year period. Records retained by the OFLC beyond the 5-year period will be destroyed on at least an annual schedule or as determined by the OFLC.

Furthermore, this approved disposition schedule authorizes the destruction of case management systems and software as they become obsolete and are no longer needed to administer the program(s). For example, the Paradox database, formerly used by the ETA Regional Offices, and which is no longer needed in the administration of the Permanent Program, will be destroyed by September 26, 2013. This database contains texts of information related to employer applications filed in 2002 or earlier where the records have been destroyed. The text is called screenshots. As the OFLC implements its approved disposition schedule, we will provide notice to the public identifying the records and, where applicable, the associating case management systems and software being destroyed.

The records NARA identified as permanent records are the annual disclosure data files currently located on the FLC Data Center at http://www.flcdatacenter.com ; as well as the quarterly disclosure data files and the OFLC Annual Reports located on the OFLC Performance page at https://www.dol.gov/agencies/eta/foreign-labor/performance.

September 18, 2013: H-2A and H-2B Ombudsman Customer Service On-line Survey

The OFLC Ombudsman is pleased to announce a new on-line survey intended to encourage stakeholder feedback on their experience with Ombudsman Program. Survey questions are designed to promote the enhancement of customer service and overall satisfaction with the Program. The survey is located on both the H-2A and H-2B Ombudsman webpages: H-2A Ombudsman Webpage H-2B Ombudsman Webpage .

August 29, 2013: Final Rule in H-2B Program

On August 30, 2013, the Department of Labor (Department) will publish in the Federal Register a final rule to delay indefinitely the effective date of the Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program final rule (2011 Wage Rule), which was published on January 19, 2011, 76 FR 3452. This final rule is being published in order to comply with recurrent legislation that prohibits the Department from using any funds to implement the 2011 Wage Rule, and also to permit time for consideration of the public comments that were sought in conjunction with a separate H-2B wage interim final rule (IFR) published April 24, 2013, 78 FR 24047. This final rule does not affect the IFR, which establishes the current prevailing wage methodology for the H-2B program; that rule remains in effect. To see the final rule, please click here .

August 12, 2013: ETA-9033 and ETA-9033A Proposed Changes

The Department has published a Notice in the Federal Register announcing a 60-day comment period on its proposed changes to the form ETA-9033, Attestation by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports and ETA-9033A, Attestation by Employers Using Alien Crewmembers for Longshore Activities in the State of Alaska. To read the Notice, please click here . To obtain a copy of the forms with proposed changes and the supporting documentation please submit your request to ETA.OFLC.Forms@dol.gov , subject line: Revised Form ETA-9033. Comments to the package must be submitted on or before October 7, 2013.

July 18, 2013. Notice of Proposed Rulemaking in H-2B Program:

The Department of Labor (Department) is issuing a Notice of Proposed Rulemaking (NPRM) to delay indefinitely the effective date of the 2011 H-2B Wage Rule. The NPRM is being published in order to comply with recurrent legislation that prohibits the Department from using any funds to implement the 2011 H-2B Wage Rule, and also to permit time for consideration of the public comments that were sought in conjunction with a separate H-2B wage interim final rule published April 24, 2013, 78 FR 24047. Comments are being accepted on the NPRM until August 9, 2013. To see the NPRM please click here .

DOL Open Government Initiative: Labor Certification Registry Goes Live!

The Department is pleased to announce the implementation of the Labor Certification Registry (LCR) on the Office of Foreign Labor Certification's (OFLC) iCERT Visa Portal System web site. The LCR provides the public with access to appropriately redacted copies of H-1B, H-1B1, E-3, H-2A, H-2B and permanent labor certification documents issued by OFLC, as well as quarterly and annual case disclosure data. To learn more about the LCR, please read the Department's Federal Register notice . To access the LCR, please click here .

June 27, 2013. Q3 FY 2013 Selected Statistics by Program

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 3 FY 2013 selected statistics as of June 15, 2013, for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . The updated program factsheets may also be found on OFLC's Performance Data page .

May 30, 2013. USCIS Publishes a Revised Version of Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

The U.S. Citizenship and Immigration Services (USCIS) announced that it will no longer accept prior versions of Form G-28 after May 26, 2013. The new version of the Form G-28 and its instructions, which were published on March 28, 2013, can be accessed by clicking here . All fields of the Form G-28 must be completed and signed by both the client and the attorney or accredited representative. Each individual application or petition must be accompanied by a separate, completed and signed Form G-28.

April 25, 2013. USCIS Resumes Adjudication of All H-2B Petitions Following Publication of Interim Final Rule

As announced by USCIS on April 25, 2013, USCIS has resumed processing of all Form I-129, H-2B petitions for temporary non-agricultural workers. Read the USCIS Alert .

April 11, 2013. Quarter 2 FY 2013 Selected Statistics by Program

The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 2 FY 2013 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H-2B Temporary Non-agricultural Visa Program . The updated program factsheets may also be found on OFLC's Performance Data page .

April 4, 2103. Update on Suspension of Adjudication of Most H-2B Petitions Following Court Order

As announced by USCIS on April 2, 2013, USCIS has temporarily suspended adjudication of certain Form I-129 H-2B petitions for temporary non-agricultural workers.

For more complete information, please visit http://go.usa.gov/2uRT .

April 2, 2013. USCIS Suspends Adjudication of H-2B Petitions

Effective March 22, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of most Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers appropriate action in response to the Court order entered March 21, 2013 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis , 2:09-cv-00240-LDD (E.D. Pa). That order granted a permanent injunction against the operation of the portion of the Department of Labor's (DOL) 2008 wage rule related to certain prevailing wage determinations and gave DOL 30 days to come into compliance with the Court order. Read the alert .

April 1, 2013.

Effective March 22, the Department is holding in abeyance the issuance of final determinations on most pending H-2B applications for temporary labor certification and those it received after March 22, while it considers appropriate action in response to the Court order entered March 21, 2013 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa). That order granted a permanent injunction against the operation of the portion of the 2008 wage rule related to certain prevailing wage determinations and gave the Department 30 days to come into compliance with the Court order.

The Department will, however, continue to process and issue final determinations on H-2B applications for temporary labor certification where the employer's wage offer is based upon a prevailing wage not enjoined by the court order: those utilizing applicable Collective Bargaining Agreements, acceptable private wage surveys or Service Contract Act or Davis Bacon Act wage determinations. The Department intends to promulgate a revised wage rule within 30 days of the date of the Court order. This will allow the Department to resume providing employers with both prevailing wage determinations and final determinations on their H-2B applications for temporary labor certification.

We encourage stakeholders to sign up to receive e-mail updates through the Department's Office of Foreign Labor Certification (OFLC) web site. Instructions for signing up for e-mail updates are provided below.

E-Mail Update Instructions: On the home page of the OFLC web site, under the E-mail Updates heading, enter your e-mail address and then click the "Subscribe" button. You will be directed to the Department's E-mail Subscription Service page. On that page, under the Employment and Training Administration heading, please select a checkbox next to "Foreign Labor Certification Website" and then click the "Submit" button.

March 29, 2013. H-2B Wage Final Rule Update: Delay of Effective Date

The Department of Labor has published a notice in the Federal Register delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule (2011 Wage Final Rule), which was published on January 19, 2011, 76 FR 3452. In light of the enactment of the Consolidated and Further Continuing Appropriations Act, 2013, Pub. L. 113-6, which establishes the Department's appropriations through September 30, 2013, and also continues the prohibition of the expenditure of the Department's appropriated funds to implement, administer, and enforce the 2011 Wage Final Rule, the Department is delaying the effective date of the 2011 Wage Final Rule. To read the Final Rule please click here .

March 28, 2013. H-2A Program: Prevailing Wage Rates for Certain Occupations Processed under H-2A Special Procedures, Correction/Rescission Notice

The Department has published in the Federal Register a notice correcting certain prevailing wage rates established by the January 8, 2013 notice for H-2A workers and workers in corresponding employment engaged in the open range production of livestock in Texas, Wyoming, Idaho, Montana, North Dakota, South Dakota, and Oklahoma. In addition, this notice rescinds prevailing wage rates established by the January 8, 2013 notice for H-2A workers and workers in corresponding employment engaged in sheepherding and goatherding occupations in Arizona, Nevada, Oregon and Washington. In the absence of the January 8 prevailing wage rates for sheepherding and goatherding, the Department is reverting to previously established prevailing wage rates for these occupations. To learn more, please read the Federal Register notice .

March 28, 2013.

Effective March 22, the Department is holding in abeyance most pending H-2B prevailing wage requests and those it received after March 22, while it considers appropriate action in response to the Court order entered March 21, 2013 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa). That order granted a permanent injunction against the operation of the portion of the 2008 wage rule related to prevailing wage determinations and gave the Department 30 days to come into compliance with the Court order. The result is that the Department can no longer make prevailing wage determinations based on the Occupational Employment Statistics (OES) survey four tier wage system. The Department will, however, continue to process prevailing wage requests not enjoined by the court order: those utilizing applicable Collective Bargaining Agreements, acceptable private wage surveys or Service Contract Act or Davis Bacon Act wage determinations. The Department intends to comply with the Court order within 30 days by promulgating a revised wage rule. This will allow the Department to resume providing employers with prevailing wage determinations.

March 12, 2013. H-2A Program: 2013 Allowable Meal Charges and Travel Subsistence

The Department has published in the Federal Register a notice establishing the 2013 allowable meal charges and maximum travel subsistence reimbursement amounts. The 2013 allowable charge for providing three meals a day is set at $11.42 per day, although employers may petition the Chicago National Processing Center for a higher charge if justified by documentation of actual costs. Similarly, the 2013 minimum subsistence charge for meals during travel is set at $11.42 a day. The maximum travel subsistence for meals will remain set at $46.00 per day again this year for those workers who submit receipts substantiating a higher expense. Workers may claim up to $34.50 with receipts for travel subsistence when traveling less than a full day. The new 2013 amounts are effective upon publication in the Federal Register. To learn more, please read the Federal Register notice .

March 1, 2013. H-2A Program: 2013 Allowable Meal Charges and Travel Subsistence

The Department expects to publish within a week a notice in the Federal Register establishing the 2013 allowable meal charges and maximum travel subsistence reimbursement amounts. The new 2013 amounts will become effective upon publication in the Federal Register, which the Department will announce on this website.

February 13, 2013. H-2A Program Frequently Asked Questions, Round 8

The Department of Labor has posted new FAQs for the H-2A program. Topics include custom combine activities, housing inspections, filing an application, rates of pay, reimbursable costs, surety bonds, and recruitment. These FAQs are available here and on the FAQs page of the OFLC website under the H-2A heading.

February 4, 2013. H-2A Program Frequently Asked Questions, Round 7

The Department of Labor has posted new FAQs for the H-2A program. Topics include signatures, job preferences, and fees. These FAQs are available here and on the FAQs page of the OFLC website under the H-2A heading.

February 1, 2013. H-2A Prevailing Wage Rates for the Sheepherding/Goatherding and the Open Range Production of Livestock Occupations: UPDATE

On January 8, 2013, the Department published a notice in the Federal Register establishing new 2013 prevailing wage rates for certain occupations processed under H-2A special procedures, including for sheepherding/goatherding and open range production of livestock occupations which became effective immediately. See, 78 FR 1260 (Jan. 8, 2013). The Department is hereby updating prevailing wage rates for these occupations that must be offered and paid in certain states effective as of January 8, 2013. To access these prevailing wage rates please click here .

January 8, 2013. New 2013 H-2A Adverse Effect Wage Rates (AEWRs)

The Department has published a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state based on the Farm Labor Survey conducted by the U.S. Department of Agriculture. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular agricultural job and area so that the wages of similarly employed U.S. workers will not be adversely affected. To read the Federal Register notice please click here .

Important Note: The Department will publish a separate Federal Register Notice to announce the allowable charges for 2013 that employers seeking H-2A workers may charge for meals as well as the maximum travel subsistence reimbursement that a worker can claim. Until that Federal Register Notice is published, employers should continue to use the current meal charges and maximum travel subsistence which may be accessed here .

January 8, 2013. New Prevailing Wage Rates for Certain Occupations Processed Under H-2A Special Procedures

The Department has published a notice in the Federal Register establishing new prevailing wage rates for certain occupations processed under H-2A special procedures. The wage rates established by this Federal Register notice apply only to the following activities: open range production of livestock, itinerant animal shearing, sheepherding and goatherding, and custom combine operations. To read the Federal Register notice please click here .

Calendar Year 2012

December 17, 2012. The Department has released its Foreign Labor Certification Annual Report for FY 2011

The 2011 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification and Temporary Nonimmigrant Labor Certification for FY 2011. The report also contains State Employment-Based Labor Certification Profiles, information on STEM-related occupations in the labor certification programs, H-2A Agricultural Certification Statistics, and Country Employment-Based Immigration Profiles. Click the here to view the Annual Report.

November 15, 2012. FY 2012 Q4 Disclosure Files

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 4 of FY 2012 are now available in CSV format. Click here to access the disclosure files and corresponding record layouts. Historical OFLC program disclosure files for prior fiscal years prior to 2008 are available on our Foreign Labor Certification Data Center website at www.flcdatacenter.com .

September 28, 2012. Prevailing Wage Update for H-2B:

The Department, in anticipation of the enactment of H.J.Res 117, which prohibits the Department from expending funds to implement the 2011 H-2B Wage Rule for the duration of that Continuing Resolution, will publish in the Federal Register a Final Rule extending the effective date of the 2011 Wage Rule to March 27, 2013. The Final Rule is posted on the Federal Register's web site September 28, 2012 and it is accessible here .

September 26, 2012. FY 2012 Selected Statistics by Program

The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2012 selected statistics for the:

The program information included in the factsheets is for the 2012 Fiscal Year to date (September 16, 2012). The updated program factsheets may also be found on OFLC's Performance Data page .

September 26, 2012. Implementation of Electronic Filing in the H-2A and H-2B Programs

The Department has made available for public inspection a Federal Register notice formally announcing the implementation of electronic filing in the H-2A and H-2B visa programs through the Department's iCERT Visa Portal System. As indicated in the notice, electronic filing in the H-2B program will begin on October 15, 2012 . Electronic filing in the H-2A program will begin on December 10, 2012 . In advance of these implementation dates, the Department will conduct four webinar training sessions to orient the public to electronic filing in the H-2A and H-2B programs. To read the Federal Register notice please click here . To learn more about the implementation of electronic filing, including how to participate in the upcoming webinar training sessions, please click here .

September 25, 2012.

The Department is announcing the implementation of electronic filing in the H-2A and H-2B visa programs through the Department's iCERT Visa Portal System. We believe this new electronic filing capability will enhance the accessibility and quality of labor certification services, reduce the data collection and reporting burden on small employers, facilitate more streamlined business processes, and establish greater transparency in the Department's decisions.

Electronic filing in the H-2B program will begin on October 15, 2012 . Electronic filing in the H-2A program will begin on December 10, 2012 . In advance of these implementation dates, the Department will publish a Federal Register notice formally announcing implementation of electronic filing, and then conduct four webinar training sessions to orient the public to electronic filing in the H-2A and H-2B programs. To learn more about the implementation of electronic filing, including how to participate in the upcoming webinar training sessions, please click here .

August 16, 2012.

The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 3 of FY 2012 are now available in CSV format. Click here to access the disclosure files and corresponding record layouts. Historical OFLC program disclosure files for prior fiscal years are available on our Foreign Labor Certification Data Center website at www.flcdatacenter.com .

August 15, 2012.

A Federal Register notice was published today soliciting comment from the public regarding the merger of two Information Collection Requests (ICR) and the creation of two additional ICRs. OMB control number 1205-0466 contains ETA Form 9141, Application for Prevailing Wage Determination , and ETA Form 9142, Application for Temporary Employment Certification . These forms are set to expire on October 31, 2012. OMB control number 1205-0404 contains the H-2A Certification Letter. This information collection is also set to expire on October 31, 2012. The Department is proposing to separate out the three different ICRs that were formerly all contained in 1205-0466 as well as discontinue 1205-0404 by merging it into the new 1205-0466. Obtain a copy of the notice here . Comments are due by October 15, 2012.

August 3, 2012. The Chicago National Processing Center has moved!

The Chicago National Processing Center (CNPC) has a new address. Beginning on August 2, 2012, please direct your hard copy filings for the D-1, H-2A and H-2B programs to the CNPC's new addresses provided below. Please note that the CNPC move does not affect the electronic filing of LCAs but any employer with permission to file by hard copy should direct its LCA filing(s) to the new address.

Please also remember to direct your payments of H-2A labor certification fees to the new P.O. Box address (also listed below).

For application filings:

U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
11 West Quincy Court
Chicago, IL 60604-2105

P.O. Box Address for the Receipt of H-2A Related Filing Fees:

U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
PO Box A3804
Chicago, IL 60690-3804

Archive

Announcements

Calendar Year 2024

December 12, 2024. ETA Previews Upcoming Adverse Effect Wage Rates (AEWR) for Range and Non-Range H-2A Occupations.

December 7, 2024. OFLC Announces Webinar on December 18, 2024, to Update Stakeholders on the Process for Filing H-2B Applications with a Start Date of April 1, 2025, or Later

December 2, 2024. The Departments of Labor and Homeland Security Publish Rule Increasing the Number of H-2B Visas Available in Fiscal Year 2024

December 1, 2024. IMPORTANT ANNOUNCEMENT: The Permanent Online System Has Been Decommissioned and is No Longer Available

November 27, 2024. The Department of Labor Announces Court Orders Were Issued on November 25, 2024 by the Eastern District of Kentucky and Southern District of Mississippi Associated with Implementation of the 2024 Farmworker Protection Final Rule

Background

District Court Order: Eastern District of Kentucky

District Court Order: Southern District of Mississippi

Initial Guidance Related to District Court Orders

November 26, 2024. The Department of Labor (Department) Announces a Webinar for H-2A and H-2B filers to help them understand their responsibilities under anti-discrimination laws.

November 25, 2024. IMPORTANT ANNOUNCEMENT: Less Than One Week Of Access To The Permanent Online System Remains Before December 01, 2024, Decommissioning

November 18, 2024. Office of Foreign Labor Certification Publishes Notice of Proposed Rulemaking: H-2B Employer-Provided Wage Surveys.

November 15, 2024. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q4 of Fiscal Year 2024

November 15, 2024. OFLC Releases the H-2B Foreign Labor Recruiter List for Q4 of Fiscal Year 2024

November 1, 2024. IMPORTANT ANNOUNCEMENT: ONE MONTH OF ACCESS TO THE PERMANENT ONLINE SYSTEM REMAINS BEFORE DECEMBER 01, 2024, DECOMMISSIONING

October 30, 2024. Office of Foreign Labor Certification Announces Annual Determination of H-2A Labor Supply States for U.S. Worker Recruitment

September 10, 2024. The Department of Labor’s Office of Foreign Labor Certification Announces Revised Transition Schedule and Technical Guidance for Implementing H-2A Job Orders and Applications Associated with the 2024 Farmworker Protection Final Rule; Compliance with District Court Order

Revised Transition Schedule

FLAG System Change Required to Comply with Court Order

Additional Technical Guidance for Filing H-2A Job Orders and Applications for Temporary Employment Certification with Worksites in Both Enjoined and Non-Enjoined States in the FLAG System

August 28, 2024. The Department of Labor’s Office of Foreign Labor Certification Announces Delay in Transition Schedule for Implementing the H-2A Application and Job Order Associated with the 2024 Farmworker Protection Final Rule

August 23, 2024. OFLC Provides Materials on the 2024 Farmworker Protection Final Rule Webinar on New Forms and Helpful Filing Tips

August 15, 2024. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q3 of Fiscal Year 2024

August 15, 2024. OFLC Releases the H-2B Foreign Labor Recruiter List for Q3 of Fiscal Year 2024

August 14, 2024. OFLC Provides Materials on the 2024 Farmworker Protection Final Rule Webinar on New Forms and Helpful Filing Tips

August 13, 2024. The Department of Labor Announces a Foreign Labor Application Gateway System Demonstration Webinar for the 2024 H-2A Farmworker Protection Final Rule to be Held on August 21, 2024

August 7, 2024. OFLC Announces Final Decommission of the Permanent Online System

July 26, 2024. The Department of Labor Announces Helpful Filing Tips and Recommendations Webinar for the 2024 H-2A Farmworker Protection Final Rule to be Held on August 7, 2024

July 9, 2024. OFLC Publishes List of Randomized H-2B Applications Submitted July 3-5, 2024, for Employers Seeking H-2B Workers Starting October 1, 2024

July 3, 2024. OFLC Announces Updates to H-2A Prevailing Wage Rates in Washington State for Non-Range Occupations; Compliance with District Court Order

July 2, 2024. *Update* Employment and Training Administration Publishes Federal Register Notice (FRN) Updating the H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations Using the Occupational Employment and Statistics Survey (OEWS)

July 1, 2024. OFLC Publishes Updated Wage Data for the Commonwealth of Northern Mariana Islands

July 1, 2024. OFLC Issues Technical Release Notes for the Occupational Employment and Wage Statistics Update for the July 2024 through June 2025 Wage Year

June 27, 2024. Office of Foreign Labor Certification Announces that FLCDataCenter.com Will Be Discontinued Effective July 1, 2024

June 26, 2024. Office of Foreign Labor Certification Announces Publication of an Updated Appendix A to the Preamble–Education and Training Categories by O*NET–SOC Occupations for July 2024 through June 2025 Wage Year

June 25, 2024. Office of Foreign Labor Certification Reminds Employers and Stakeholders of the H-2B Application Filing Timelines for October 1, 2024, Start Dates of Work

Helpful Filing Tips

June 24, 2024. Employment and Training Administration Publishes Federal Register Notice (FRN) Updating the H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations Using the Occupational Employment and Statistics Survey (OEWS)

June 14, 2024. Office of Foreign Labor Certification Announces Solicitation of Input for the Annual Determination of Labor Supply States to Enhance U.S. Worker Recruitment

June 10, 2024. OFLC Provides Materials on the 2024 Farmworker Protection Final Rule Webinar

May 21, 2024. The Department of Labor Announces Webinar for the 2024 Farmworker Protection Final Rule to be Held on Thursday, June 6, 2024

May 15, 2024. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q2 of Fiscal Year 2024.

May 15, 2024. OFLC Releases the H-2B Foreign Labor Recruiter List for Q2 of Fiscal Year 2024

May 6, 2024. OFLC Announces 60-Day Public Comment Period on Proposed Three-Year Extension of Labor Condition Application and WH-4 Forms for the H-1B, H-1B1, and E-3 Temporary Programs

April 9, 2024. OFLC Provides CW-1 Webinar Materials and Information to Stakeholders

March 18, 2024. OFLC Announces Webinar on March 26, 2024, to Provide Technical Assistance to Stakeholders on the Process for Filing CW-1 Applications for Employment in the Commonwealth of the Northern Mariana Islands

Meeting Details:

February 15, 2024. Employment and Training Administration Extends Comment Period for Stakeholders to Respond to PERM Schedule A Request for Information

February 15, 2024. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q1 of Fiscal Year 2024

February 15, 2024. OFLC Releases the H-2B Foreign Labor Recruiter List for Q1 of Fiscal Year 2024

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

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

Calendar Year 2023

December 22, 2023. H-2B Application Filing Timelines for 2024 Peak Filing Season

December 14, 2023. Office of Foreign Labor Certification Publishes 2024 H-2A Monthly Adverse Effect Wage Rate (AEWR) for Herding or Production of Livestock on the Range

December 14, 2023. Office of Foreign Labor Certification Publishes New 2024 H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations

December 8, 2023. OFLC Announces Webinar on December 13, 2023, to Update Stakeholders on the Process for Filing H-2B Applications with a Start Date of April 1, 2024, or Later

December 7, 2023. Office of Foreign Labor Certification Announces Annual Determination of H-2A Labor Supply States for U.S. Worker Recruitment

November 17, 2023. The Departments of Labor and Homeland Security Publish Rule Increasing the Number of H-2B Visas Available in Fiscal Year 2024

November 15, 2023. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q4 of Fiscal Year 2023

November 15, 2023. OFLC Releases the H-2B Foreign Labor Recruiter List for Q4 of Fiscal Year 2023

November 2, 2023. Department of Labor Declines to Extend Comment Period for Notice of Proposed Rulemaking Enhancing H-2A Worker Protections

September 15, 2023. Department of Labor Publishes Proposed Rule Enhancing H-2A Worker Protections

August 28, 2023. OFLC Announces a Reminder to Filers of Form ETA-9142B to Submit Their Initiated Cases Prior to August 31, 2023

August 24, 2023. The Department of Labor Publishes 2023 Round 4 Frequently Asked Questions for the H-1B, H-1B1, and E-3 Programs

August 24, 2023. OFLC Rescinds All Frequently Asked Questions Regarding COVID-19

August 15, 2023. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q3 of Fiscal Year 2023

August 15, 2023. OFLC Releases the H-2B Foreign Labor Recruiter List for Q3 of Fiscal Year 2023

August 3, 2023. The Department of Labor Publishes 2022 H-2A Final Rule Frequently Asked Questions; H-2A Labor Contractors

July 11, 2023. The Department of Labor Publishes 2023 Round 2 Frequently Asked Questions on the Adverse Effect Wage Rate (AEWR) Final Rule

July 10, 2023. OFLC Publishes List of Randomized H-2B Applications Submitted July 3-5, 2023, for Employers Seeking H-2B Workers Starting October 1, 2023

July 7, 2023. OFLC Announces a Webinar on July 11, 2023, to Provide Prevailing Wage Filing Trends and Tips to Interested Stakeholders

Meeting Details:

June 30, 2023. OFLC Publishes Updated Wage Data for the Commonwealth of Northern Mariana Islands

June 30, 2023. Office of Foreign Labor Certification Provides Additional Information on New 2023 H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations Using the Occupational Employment and Statistics Survey (OEWS)

June 30, 2023. Office of Foreign Labor Certification Reminds Employers and Stakeholders of the H-2B Application Filing Timelines for October 1, 2023, Start Dates of Work

Helpful Filing Tips

June 29, 2023. OFLC Issues Technical Release Notes for the Occupational Employment and Wage Statistics Update for the July 2023 through June 2024 Wage Year

July 2, 2024. Update Employment and Training Administration Publishes Federal Register Notice (FRN) Updating the H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations Using the Occupational Employment and Statistics Survey (OEWS)