Client Payment Portal

Foreign Labor Certification Updates

May 16, 2022 | Human Resources Services

Streaming live on May 26th, Partners Charina Garcia and Melissa Harms headline a webinar on H-2 updates. Register now!

The Department of Labor’s Office of Foreign Labor Certification (OFLC) announced updates to public disclosure data and selected program statistics; the H-2B Foreign Labor Recruiter List; and tips and assistance for stakeholders filing applications for prevailing wage determinations. Below are highlights.

Public disclosure data and selected program statistics for Q2 of fiscal year (FY) 2022. The OFLC released a comprehensive set of public disclosure data through the second quarter of FY 2022. The OFLC drew the data from employer applications requesting prevailing wage determinations and labor certifications for the PERM, Labor Condition Application (LCA) (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs. The files include all final determinations OFLC issued for these programs during the October 1, 2021, through March 31, 2022, reporting period of FY 2022. OFLC also released selected program statistics for Q2 of FY 2022 for the same programs. https://www.dol.gov/agencies/eta/foreign-labor/performance

H-2B Foreign Labor Recruiter List for Q2 of FY 2022. The OFLC published an updated list of foreign labor recruiters for the H-2B program. 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 March 31, 2022. https://www.dol.gov/agencies/eta/foreign-labor/recruiter-list (Foreign Labor Recruiter List); https://www.dol.gov/agencies/eta/foreign-labor/faqs/print (FAQs)

Tips and assistance for stakeholders filing applications for prevailing wage determinations. The OFLC hosted a webinar on April 19, 2022, providing tips and assistance for stakeholders on the process of filing Form ETA-9141, Application for Prevailing Wage Determination, for the PERM and LCA programs. The recording and presentation materials are linked via the Prevailing Wage Information and Resources page (scroll down to Webinars). https://www.dol.gov/agencies/eta/foreign-labor/wages

Details:

Related Posts:

UKRAINIAN RESOURCE PAGE

As the world reels from the invasion of Ukraine by Russia and the resulting crisis, affected HR professionals, and Ukrainian and other employees, are scrambling to address the ensuing issues and problems. Below are tips, updates, and resources that may be helpful.  Tips for HR Professionals  Ukrainian employees will be suffering, and it’s understandable that HR professionals will want to help however they can. Other employees also may find it difficult to cope with the ongoing bad news, and Russian employees may be affected. HR professionals don’t need to just sit idly by. Some things to do include:  Decide what type of support your company can offer and deliver. For example, are counseling, bereavement support, mental health benefits, and life guidance services covered and available, such as through an employee assistance program? Can HR offer employees practical help in their area? Can the company offer flexible working hours and time off, relaxed mobile phone policies, unpaid holidays or paid special leave, or adjusted deadlines through managers?  Send out a company-wide message of support rather than contacting individuals. This helps to avoid any appearance of discrimination or privacy violation. Managers/supervisors can be enlisted to take the lead in talking with their teams and offering targeted […]

Read More

I-9 Form Update: COVID-19 Pandemic-Related Temporary Policies, Employer Tips

The E-Verify program has issued a potentially confusing array of temporary policies related to the ongoing effects of the COVID-19 pandemic over a period of several years. Below is a summary of selected changes and employer tips related to Form I-9, Employment Eligibility Verification. Physical Document Inspection Flexibilities Extended The Department of Homeland Security (DHS) has extended the flexibility policy in complying with certain physical inspection requirements related to Form I-9, Employment Eligibility Verification to April 30, 2022. A further extension is always a possibility, depending on pandemic-related developments. The flexibility policy previously was set to expire on December 31, 2021, but ongoing safety concerns and related uncertainties led to the extension. What does an employer have to do if utilizing the physical inspection flexibility? According to DHS guidance, employers must still complete Section 2 within three business days of hire. However, now that includes inspecting the I-9 Section 2 documents remotely (e.g., via video link, fax, or email) and obtaining and retaining copies of the documents within three business days of hire. Employers are instructed to enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field once physical inspection takes place after […]

Read More