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Immigration Law

OFLC News (July 16, 2021)

OFLC, July 16, 2021

1.  OFLC Announces Relocation of the Office of Foreign Labor Certification's Atlanta National Processing Center; Change of Physical Mailing Address

The Employment and Training Administration issued a Federal Register notice informing the public that the Office of Foreign Labor Certification’s (OFLC) mailing address for its Atlanta National Processing Center (ANPC) will be changing beginning August 25, 2021, with the exception of mail associated with the processing of applications requesting permanent labor certification subject to supervised recruitment.

Effective August 25, 2021, any mail, including U.S. Postal Service and other courier mail or parcel delivery packages, etc., sent to ANPC must be submitted to the following new mailing address: U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, 200 Constitution Avenue, NW, Room N-5311, Washington, DC 20210. The one exception is mail associated with Supervised Recruitment under 20 CFR 656.21, which must continue to be submitted to: U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, Atlanta National Processing Center, Attn: Supervised Recruitment, P.O. Box 56625, Atlanta, GA 30343.

Employers are reminded to adhere to regulatory requirements at 20 CFR 656.10(d), including providing ANPC’s correct new mailing address, specified above, on the Notice of Filing (NOF) that must be posted when employers file a Form ETA-9089, Application for Permanent Employment Certification. If the required 10-day posting period for a NOF commences after September 5, 2021, employers must include the new mailing address contained in the notice. 20 CFR 656.10(d)(3)(iii).

2.  OFLC Releases Frequently Asked Questions for Implementation of the Revised Form ETA-9141

The Office of Foreign Labor Certification (OFLC) has released Round 3 of frequently asked questions (FAQs) from the National Prevailing Wage Center (NPWC) to respond to inquiries from the April 27, 2021, webinar on implementing the revised Form ETA-9141. The revised Form ETA-9141 provides a separate section to be completed by employers who accept alternative job requirements in addition to the minimum job requirements. The new alternative job requirements section: (1) improves NPWC’s ability to ensure that prevailing wages provided to employers and listed on the Form ETA-9089 do not adversely affect U.S. workers and support a valid labor market test in instances where the alternative requirements would result in a higher wage; and (2) reduces employers’ burden of completing a separate Form ETA-9141 for each set of requirements.