TEGL_21-18_Attachment-VII_Acc.pdf

ETA Advisory File Text

VII-1 Attachment VII Amendment A Commonwealth of the Northern Mariana Islands CNMI CW-1 Program Fiscal Year FY 2019 Office of Foreign Labor Certification OFLC Grant Planning Guidance CW-1 Temporary Employment Activities The Northern Mariana Islands U.S. Workforce Act of 2018 Workforce Act provides the Secretary of the Department of Homeland Security DHS authority to administer and enforce a system of allocating and determining the terms and conditions of visas to be issued to nonimmigrant workers performing services or labor for an employer in the Commonwealth of the Northern Mariana Islands CNMI or Commonwealth . DHS regulations establish the Commonwealth-Only Transitional Worker CW-1 visa classification to provide for an orderly transition from the CNMI permit system to the U.S. Federal immigration system for certain foreign nationals. In accordance with the Workforce Act DHS will promulgate corresponding regulations to provide that a CW-1 petition for temporary employment in the CNMI must be accompanied by an approved temporary labor certification from the Department. A temporary labor certification granted by the Department of Labor DOL serves as confirmation to DHS that 1 there are not sufficient U.S. workers in the CNMI who are able willing qualified and available to fill the petitioning CW-1 employer s job opportunity and 2 a foreign worker s employment in the job opportunity will not adversely affect the wages or working conditions of similarly employed U.S. workers. The CNMI Department of Labor is the government agency responsible for providing employment and training services and maintains an electronic system for registered and approved employers to post job vacancy announcements and receive referrals of qualified U.S. workers in the CNMI. Registration for employers to post vacancy announcements on the job listing system is a one-time free process and readily accessible through the CNMI Department of Labor s website. In accordance with regulations to be codified at 20 CFR Subpart E see CNMI Interim Final rule the CNMI Department of Labor agrees to carry out all activities to support DOL s review and processing of job offers and applications seeking temporary labor certification under the CW-1 program. Specifically the CNMI Department of Labor agrees to carry out the following activities A. Stakeholder Education and Outreach Make information on how employers can participate in the CW-1 program available in a conspicuous location on the CNMI Department of Labor website such as easy-to-understand instructions on how to prepare and place a job advertisement with the CNMI Department of Labor that is accessible and can be completed electronically and current contact information within the CNMI Department of Labor for employers to request technical assistance. VII-2 No less frequently than once a year the CNMI Department of Labor will electronically disseminate to employers who routinely use the CW-1 program helpful tips or best practices on obtaining a prevailing wage determination from the National Prevailing Wage Center and preparing high-quality job advertisements. Where requested and funds permitting the CNMI Department of Labor will participate in local employer roundtables conferences or other stakeholder forums to present and or disseminate information related to the CW-1 program. B. Placement of CW-1 Job Advertisement The employer must place an advertisement with the CNMI Department of Labor for a period of 21 consecutive days. All advertisements must satisfy the requirements to be codified in 20 CFR 655.441. See CNMI Interim Final Rule. The CNMI Department of Labor s labor exchange system at www.marianaslabor.net is accessible to employers required to place a job advertisement in connection with a CW-1 Application for Temporary Employment Certification with DOL pursuant to provisions in the CNMI Interim Final Rule to be codified at 20 CFR 655.442. The CNMI Department of Labor has a capability for employers to place job advertisements for review in the following manner Please check all that apply Self-services by accessing the CNMI Department of Labor s labor exchange system www.marianaslabor.net Staff-assisted job offer services by submitting a draft job offers at Insert CNMI contact information including email address where employers can submit CW-1 job offer Please check one of the following The CNMI Department of Labor s job offer form and or system DOES contain an entry field or option permitting employers to identify that the job offer is being placed in connection with a submitted Application for Temporary Employment Certification for CW-1 workers OR The CNMI Department of Labor s job offer form and or system DOES NOT contain an entry field or option permitting employers to identify that the job offer is being placed in connection with a submitted Application for Temporary Employment Certification for CW-1 workers. Therefore employers can provide the regulatory required notification to the CNMI Department of Labor in the following manner VII -3 Insert a brief description of how and to whom employers can provide the CNMI Department of Labor with the required notification Please check all that apply The CNMI Department of Labor has submitted with this grant plan a current electronic copy of the form and gen eral instructions employers are required to use to submit job advertisements. The standard job advertisement form and general instructions are easily accessible to employers on a website maintained by the CNMI Department of Labor at www.marianaslabor.net Once employers place an advertisement with the CNMI Department of Labor for 21 consecutive days the CNMI Department of Labor will make available to the employer web pages in which the advertisement appeared on the CNMI Department of Labor job listing system or other verifiable evidence containing the text of the advertisement and the dates of publication demonstrating compliance with the requirement. OMB Paperwork Reduction Act OMB Control Number 1225 -0086 Persons are not r equired to respond to this collection of information unless it displays a currently valid OMB control number. This information is being collected for purposes of awarding a grant. Your response is required in order to obtain or retain a benefit. See 20 CFR 655 Subpart E. Public reporting burden for this collection of information is estimated to average approximately 1 hour per response including the time for reviewing instructions searching existing data sources gathering and maintaining the data n eeded and completing and reviewing the collection of information. Send comments regarding this burden estimate to the U.S. Department of Labor -OASAM Office of The Chief Information Officer Room 1N1301 200 Constitution Ave. NW Washington DC 20210.