Foreign Labor Certification

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:

• View the Notice of Proposed Rulemaking, Improving Protections for Workers in Temporary Agricultural Employment in the United States
• View the Department’s press release on publication of the NPRM
• View OFLC’s webpage answering frequently asked questions 
   

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.