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FOREIGN LABOR CERTIFICATION




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 * Program and FLAG Resources
 * Prevailing Wage Information and Resources
 * Seasonal Jobs
 * Policies and Regulations
 * Forms
 * Performance Data
 * Foreign Labor Recruiter List
 * Customarily Unionized H-2B Occupations
 * Debarments List
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 * Announcements
 * Foreign Labor Application Gateway (FLAG) Online Filing
 * Permanent Employment Certification (PERM) Online Filing
 * OFLC Help Desks
 * Contacts
 * Sitemap


ANNOUNCEMENTS


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.

Join from the meeting link:
https://usdol.webex.com/usdol/j.php?MTID=m45bd80f62c5fe8efab26dd877c3f96f3

Join by meeting number:
Meeting number (access code): 2760 709 2233
Meeting password: PWD2023!

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

Join from a video system or application:
Dial 27607092233@usdol.webex.com


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.

 * View the Federal Register notice updating the AEWRs for non-range occupations
   using the OEWS
 * View the updated AEWR page on FLAG for the new rates (available 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.

 * View the Technical Release Notes for the OEWS Update for July 2023 Through
   June 2024 Wage Year
 * View the July 2023 Through June 2024 Wage Year Job Zones Data
 * View the July 2023 Through June 2024 Wage Year Education Data
    


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

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 2023 through June 2024 wage year and will
be effective starting July 1, 2023.

 * View the list of professional occupations in Appendix A
 * View the complete list of Typical Entry-Level Educational Requirement Data,
   May 2022 on BLS website
    


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 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 1, 2023.

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.

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


 


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