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FOREIGN LABOR CERTIFICATION




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 * Program and FLAG Resources
 * Prevailing Wage Information and Resources
 * Seasonal Jobs
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 * Forms
 * Performance Data
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ANNOUNCEMENTS


MARCH 18, 2022. OFLC ANNOUNCES A WEBINAR ON MARCH 23, 2022 TO PROVIDE H-2B
PREVAILING WAGE DETERMINATION GENERAL FILING TIPS AND SURVEY BASICS FOR
SURVEYORS

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

Meeting Details:

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

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

Join by Meeting number: 2764 944 2824
Password:H2BPWD2022

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
Access code: 2764 944 2824


MARCH 14, 2022. OFLC ANNOUNCES NUMBER OF ISSUED CERTIFICATIONS FOR EMPLOYERS
SEEKING H-2B WORKERS WITH APRIL 1, 2022, START DATES OF NEED

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

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


MARCH 9, 2022. OFLC ANNOUNCES WEBINAR ON MARCH 22, 2022, TO UPDATE STAKEHOLDERS
ON THE PROCESS FOR FILING CW-1 APPLICATIONS FOR EMPLOYMENT IN THE COMMONWEALTH
OF THE NORTHERN MARIANA ISLANDS

The Office of Foreign Labor Certification invites interested stakeholders to
participate in a webinar that provides technical assistance and helpful tips for
preparing the CW-1 Application for Prevailing Wage Determination (Form
ETA-9141C) and the Application for Temporary Employment Certification (Form
ETA-9142C). The webinar will provide technical assistance to employers (and
authorized attorneys or agents) on how to complete and submit Forms ETA-9141C
and ETA-9142C and cover some of the most pressing post-filing issues employers
encounter.

Meeting Details:

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

Join from the meeting link:
https://usdol.webex.com/usdol/j.php?MTID=m139d0b6e2dea354913bbc9b36aabe7e2

Join by meeting number:
Meeting number (access code): 2763 487 7128
Meeting password: CW1Update

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


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.

 * View the Federal Register notice announcing the 2022 Update to Allowable
   Charges for Meals and Travel Subsistence Reimbursement
 * Visit the Meals & Subsistence page for the new rate and additional
   information
    


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.

 * 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 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).

The list contains the name and location of persons or entities identified on
Appendix C of the Form ETA-9142B that were hired by, or working for, the
recruiter that employers have indicated they engaged, or planned to engage, in
the recruitment of prospective H-2B workers to perform the work described on
their H-2B application.

The H-2B Foreign Labor Recruiter List includes only those names and locations
associated with H-2B applications that were processed or issued a final decision
during the October 1, 2021 through December 31, 2021.

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.

 * View the foreign labor recruiter list
 * View FAQs regarding the foreign labor recruiting list
    


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



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. Staff representing the Department’s Office of the Chief
Information Officer (OCIO) will provide interested stakeholders with a technical
demonstration of the search features and other functions available on
SeasonalJobs.dol.gov, describe how often new job listings are posted, and the
differences between active and inactive job postings.





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





Join from the meeting link:





https://usdol.webex.com/usdol/j.php?MTID=m73c15574407909c5c48ba3c0a2b1fafd











Join by meeting number:





Meeting number (access code): 2761 407 8618; Meeting password: SeasonalJobs2021

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

 


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.

 * View Federal Register Notice
 * View Supporting Statement
 * Proposed Form ETA-9142B
 * Proposed Form ETA-9142B, General Instructions
 * 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, Seafood Attestation
 * Proposed Form ETA-9142B, Final Determination
 * Proposed Form ETA-9165
 * Proposed Form ETA-9165, Instructions
 * Proposed Form ETA-9155
 * Proposed Form ETA-9155, Instructions
    


 


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