The U.S. Department of Labor’s (DOL) Employment and Training Administration (ETA) has issued an advance copy of the notice announcing that it has scheduled three public briefings to educate stakeholders, program users, and other interested members of the public on changes to the H-2A program made by the Final Rule and on applying for H2A temporary labor certifications under the new regulations using ETA Form 9142.

On February 12, 2010, the DOL amended the H2A regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment. The amendment provides for enhanced enforcement under the H2A program requirements when employers fail to meet their obligations and makes changes to the Application for Temporary Employment Certification, ETA Form 9142. The Final rule will become effective on March 15, 2010.

For full information, please click: http://federalregister.gov/OFRUpload/OFRData/2010-03282_PI.pdf

The U.S. Department of Labor’s (DOL) Employment and Training Administration (ETA) has issued an advance copy of notice announcing the new 2010 Adverse Effect Wage Rates (AEWRs) and the 2010 maximum allowable meal and travel subsistence charges applicable to employers seeking to employ H-2A workers to perform agricultural labor in the U.S. on a temporary or seasonal basis. The notice will be effective from March 15, 2010.

For complete information, please click: http://federalregister.gov/OFRUpload/OFRData/2010-03078_PI.pdf

The U.S. Department of Labor (DOL), Employment and Training Administration (ETA) issued an Advance Copy of H-2A final rule, for publication in the federal register, amending its regulations on the temporary or seasonal agricultural employment for H-2A workers in the United States. The final rule includes stronger mechanisms for enforcement of the worker protection provisions required by the H-2A program. This final rule will take effect 30 days after its publication in the federal register.

For complete information, please click: DOL Advance Copy of H-2A Final Rule

The U.S Citizenship and Immigration Services (USCIS) Director Alejandro N. Mayorkas issued a memorandum last week to the Citizenship and Immigration Services (CIS) Ombudsman on Recommendation 43. The recommendation pertains to the temporary acceptance of filed Labor Condition Applications for certain H-1B filings and excuse of late H-1B filings where the petitioner has documented an LCA submission to the Department of Labor (DOL) that was improperly rejected.

For USCIS Response, please click: USCIS Memo to CIS Ombudsman on Temporary Acceptance of Filed LCAs for Certain H-1B Filings

In line with the Consolidated Appropriations Act 0f 2010, the U.S. Department of Labor (DOL) has announced the additional funding of $225 million for the Senior Community Service Employment Program (SCSEP) this fiscal to promote employment and job training among low-income, older American workers. SCSEP is a community service and work-based training program for older workers. It provides part-time, community service-based job training for unemployed, low-income individuals age 55 or older. Through this program, older workers have access to SCSEP services as well as other employment assistance available through the workforce investment system.  A list of states and organizations that have been awarded funding is available on its website www.dol.gov.

For complete information, please click: US DOL awards $225 million to Senior Community Service Employment Program grantees

The U.S. Department of Labor determines approximately 1,100 workers from Arkansas, Florida, Illinois, Georgia, Kentucky, North Carolina and Ohio states as eligible to apply for Trade Adjustment Assistance (TAA). Through the TAA program, DOL will leverage opportunities for displaced workers to acquire the skills needed to secure good jobs in promising areas of their local economies.

For more information on TAA and the range of DOL employment and training services, please visit http://www.doleta.gov.

For full news, please click: DOL Determines 1,100Workers in 7 States as Eligible for TAA

The U.S. Department of Labor (DOL) had posted a set of Frequently Asked Questions (FAQs) regarding the new centralized Prevailing Wage Determination (PWD) procedures. The DOL has provided answers to wide-ranging questions on the usability of the new system.

For a copy of FAQs, please click: DOL’s Frequently Asked Questions on Filing and Processing of PWD Requests

The U.S. Department of Labor (DOL) contemplates enforcing a new centralized prevailing wage determination (PWD) procedure form January 01, 2010. As a result, the current process of obtaining PWDs from the local State Workforce Agencies (SWA) will cease to exist. A new 7-page form ETA 9141(includes 4 pages of instruction) will need to be submitted through iCERT system. Readers may note that for about three weeks in the beginning, Form 9141 must be filed by U.S. mail or other delivery service such as Fed Ex to the following address:

U.S. Department of Labor – ETA

National Prevailing Wage and Helpdesk Center

Attn: PWD request

1341 G Street, NW, Suite 201

Washington, DC 200005-3124

Requests sent by Fax will not be entertained. DOL will implement an on-line system as part of iCERT on or about January 20, 2010. Employers will be able to fill out the form online, as they presently do for LCAs. Once the form is online, employers will set up an account similar to that for LCAs, and will be able to save the PW requests to their online account.

To access the form, please click here: http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9141.pdf.

For instructions, click here: Instructions

Sensing the need to provide all users adequate time to fully shift to the new iCERT system, the Office of Foreign Labor Certification (OFLC) has decided to maintain the old Labor Certification Application (LCA) system until June 30, 2009.  However, the OFLC is encouraging users to acquaint themselves with the iCERT system in possible short duration to allow ample time to establish accounts and file LCAs using the new ETA-9035. It should be noted that all technical issues may be continued to be raised through the iCERT help desk at OFLC.Portal@dol.gov.

For detailed information, please read: OFLC to Keep LCA System Operational till June 30, 2009

Last year, the Department of Labor’s (DOL’s) Employment and Training Administration (ETA) published Final Rule on the Labor Certification process and enforcement for H-2B visa category that took effect on January 18, 2009. In order to clarify queries arising from the application of the new regulations, the department published its first round of FAQs on some significant changes made in the Final Rule for the processing of H-2B labor certification application. The published FAQs cover aspects such as transition to new procedures, prevailing wage, Form ETA – 9142, recruitment and its fees, and finally, the comparison between the former regulation and new regulation.

For complete information, please click FAQs on H-2B Final Rule Round One