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Announcements
August 23, 2024. OFLC Provides Materials on the 2024 Farmworker Protection Final Rule Webinar on New Forms and Helpful Filing Tips
On August 21, 2024, the Department of Labor hosted a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2A program made by the 2024 H-2A Farmworker Protection Final Rule. Participants of this webinar received a demonstration of new forms and changes to the FLAG processing system. The Final Rule became effective June 28, 2024, and OFLC will begin accepting applications subject to the provisions of this rule on August 29, 2024.The presentation materials are now available at the hyperlinks below and located on our website under the “Webinars” tab at the bottom of the H-2A Program page located here: https://www.dol.gov/agencies/eta/foreign-labor/programs/h-2a
August 15, 2024. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q3 of Fiscal Year 2024
The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2024) 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, 2023 through June 30, 2024 reporting period of fiscal year 2024.
OFLC has also released selected program statistics for the third quarter of fiscal year 2024 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.
August 15, 2024. OFLC Releases the H-2B Foreign Labor Recruiter List for Q3 of Fiscal Year 2024
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, 2023 through June 30, 2024.
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.
August 14, 2024. OFLC Provides Materials on the 2024 Farmworker Protection Final Rule Webinar on New Forms and Helpful Filing Tips
On August 7, 2024, the Department of Labor hosted a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2A program made by the 2024 H-2A Farmworker Protection Final Rule. Participants of this webinar received helpful tips on the new forms, filing instructions, and explanation of the transition process. The Final Rule became effective June 28, 2024, and OFLC will begin accepting applications subject to the provisions of this rule on August 29, 2024.The presentation materials are now available at the hyperlinks below and located on our website under the “Webinars” tab at the bottom of the H-2A Program page located here: https://www.dol.gov/agencies/eta/foreign-labor/programs/h-2a
August 13, 2024. The Department of Labor Announces a Foreign Labor Application Gateway System Demonstration Webinar for the 2024 H-2A Farmworker Protection Final Rule to be Held on August 21, 2024
On August 21, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2A program made by the 2024 H-2A Farmworker Protection Final Rule. Participants of this webinar will receive a demonstration of the new forms in the Foreign Labor Application Gateway (FLAG) system. The Final Rule became effective June 28, 2024, and OFLC will begin accepting applications subject to the provisions of this rule on August 29, 2024.
The meeting details are below. *Please note – there is an attendee maximum of 1000 and both the webinar recording and a copy of the presentation will be placed on our website for review at a later date.
Wednesday, August 21, 2024
3:00 PM | (UTC-04:00) Eastern Time (US & Canada) | 1 hr
Join from the meeting link:
https://usdol.webex.com/usdol/j.php?MTID=mf4bd8d51d9ebc817d757c72fd6fe1e56
Join by meeting number:
Meeting number (access code): 2819 732 9475
Meeting password: OFLC2024
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
August 7, 2024. OFLC Announces Final Decommission of the Permanent Online System
The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders the legacy Permanent Online System, which provides public access to permanent labor certification applications and final determinations, will be fully decommissioned on December 1, 2024.
As part of the Department's technology modernization initiative, the Foreign Labor Application Gateway (FLAG) System was implemented to replace the legacy Permanent Online System, to improve customer service, and modernize the administration of foreign labor certification programs.
On December 1, 2024, the legacy Permanent Online System will no longer be accessible to account holders and the general public will be redirected to the FLAG System. Stakeholders who require documents from their Permanent Online System accounts are strongly encouraged to access and download those documents well in advance of December 1, 2024. Permanent Online System account holders who need to upload documents or request a specific case action on an application submitted in the Permanent Online System (e.g., request reconsideration, withdraw applications, etc.) should complete action in the system by November 30, 2024, at 7 PM EST.
Applications still pending in the Permanent Online System after November 30, 2024, will continue to be processed by OFLC. Starting December 1, 2024, stakeholders who need to submit a response to the Department, upload documents, or request a specific case action on an application that was submitted in the Permanent Online System must do so by email, sent to the PLC Help Desk at [email protected]. Documents should be submitted as PDF attachments and named with the case number assigned and title of the attachment. After November 30, 2024, stakeholders with applications pending in the Permanent Online System will not be able to upload documents directly. Employers and their attorney/agents should continue to check their email for correspondence and notifications related to these pending applications.
July 26, 2024. The Department of Labor Announces Helpful Filing Tips and Recommendations Webinar for the 2024 H-2A Farmworker Protection Final Rule to be Held on August 7, 2024
On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2A program made by the 2024 H-2A Farmworker Protection Final Rule. Participants of this webinar will receive helpful tips on the new forms, filing instructions, and explanation of the transition process. The Final Rule became effective June 28, 2024, and OFLC will begin accepting applications subject to the provisions of this rule on August 29, 2024.
The meeting details are below. *Please note – there is an attendee maximum of 1000 and both the webinar recording and a copy of the presentation will be placed on our website for review at a later date.
Wednesday, August 7, 2024
3:00 PM | (UTC-04:00) Eastern Time (US & Canada) | 1 hr
Join from the meeting link:
https://usdol.webex.com/usdol/j.php?MTID=m58015af37f0bc1748261c4591aabad6b
Join by meeting number:
Meeting number (access code): 2828 285 0217
Meeting password: OFLC2024
Join by phone:
1-877-465-7975 US Toll Free
1-210-795-0506 US Toll
Join from a video system or application:
Dial [email protected]
July 9, 2024. OFLC Publishes List of Randomized H-2B Applications Submitted July 3-5, 2024, for Employers Seeking H-2B Workers Starting October 1, 2024
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 2,158 H-2B applications covering 44,238 worker positions with a work start date of October 1, 2024. OFLC completed the randomization process on July 6, 2024 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 9, 2024, 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).
July 3, 2024. OFLC Announces Updates to H-2A Prevailing Wage Rates in Washington State for Non-Range Occupations; Compliance with District Court Order
On July 2, 2024, the U.S. District Court for the Western District of Washington issued an order in Familias Unidas Por La Justicia v. DOL, et al., No. 24-cv-00637, enjoining the Department of Labor from implementing 20 CFR 655.120(c)(2) (the “One-Year Rule”) for prevailing wages in Washington State, and ordering the Department of Labor to reinstate and enforce the prevailing wage rates for Washington State published on January 24, 2022. Through this notice the Department is reinstating the relevant prevailing wage rates in Washington State, which is included in the link below, and available on the Department’s Agricultural Online Wage Library.
Effective immediately, and until further notice, H-2A job orders seeking temporary labor certification for work to be performed in the State of Washington on or after July 3, 2024, including job orders filed concurrently with an Application for Temporary Employment Certification to the OFLC National Processing Center for emergency situations under 20 CFR 655.134, must use the prevailing wage rate available in the link below if it is the highest applicable wage rate.
Important Reminder: In accordance with 20 CFR 655.120(c)(3), if a prevailing wage for the geographic area and crop activity or agricultural activity and distinct work task(s), if applicable, is adjusted during a work contract, and is higher than the highest of the AEWR, a previous prevailing wage for the geographic area and crop activity or agricultural activity or, if applicable, a distinct work task or tasks performed in that activity, the agreed-upon collective bargaining wage, the Federal minimum wage, or the State minimum wage, the employer must pay at least that higher prevailing wage upon the Department's notice to the employer of the new prevailing wage.
July 2, 2024. *Update* 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 published an FRN on June 24, 2024 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 8, 2024. The Department is also making available a preview of the non-range OEWS-based AEWRs which will go into effect on July 8, 2024.
July 1, 2024. OFLC Publishes Updated Wage Data for the Commonwealth of Northern Mariana Islands
The Office of Foreign Labor Certification (OFLC) received the 2024 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 2024 CNMI Prevailing Wage Study survey for 432 occupations and will issue updated CW-1 prevailing wages using this data from July 1, 2024 through June 30, 2025. The updated wage table includes prevailing wage data for a total of 848 occupations.
July 1, 2024. OFLC Issues Technical Release Notes for the Occupational Employment and Wage Statistics Update for the July 2024 through June 2025 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 2024 through June 2025, effective July 1, 2024. Prevailing wage determinations issued from the National Prevailing Wage Center reflect the 2018 SOC codes.
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