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DOL Indefinitely Postpones 2011 H-2B Wage Rule

"The Department of Labor (Department or we/us) is delaying indefinitely the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H–2B Program final rule ( 2011 Wage Rule ), in order to comply with recurrent legislation that prohibits us from using any funds...

Counsel for Island Holdings Responds to DOL Position

"Neither employers nor the Department may flout a BALCA decision. We look forward to receiving your written confirmation that H-2B employers will be receiving timely notification from the NPWC that the SPWDs never became effective and were vacated on December 3, 2013; that DOL will defend BALCA’s...

News Excerpts From the Jan. 15, 2014, Bender’s Immigration Bulletin

Labor Department to Delay Implementation of BALCA Ruling in Island Holdings | On December 20, 2013, the Labor Department announced that it would seek review of the ruling issued by the Board of Alien Labor Certification Appeals in Matter of Island Holdings LLC , which vacated supplemental prevailing...

Court Imposes Deadlines on DOL for H-2A, H-2B RFIs: International Labor Management Corp. v. Perez

"Employers using the H-2A and H-2B guestworker programs may get some relief from government-caused delays following a recent federal court decision holding that the Labor Department must follow the statutory and regulatory time frames for issuing notices and certifications. In International Labor...

DOL Notes 'Anomaly' in H-2B Prevailing Wage Data

"OFLC has become aware of an anomaly in the published Prevailing Wage Disclosure datasets titled "PERM_FY 2013.xlsx" and "PERM_FY 2014_Q2." The error is with respect to the listing of wage levels (Level I-IV) under the column "Pwd_Wage_Level" for all H-2B wage determinations...

DOL Speaks on CATA III, H-2B Prevailing Wage Determinations

"Effective December 8, 2014, the Department is no longer issuing prevailing wage determinations in the H-2B program based on employer provided wage surveys. This action is in response to the Court order entered December 5, 2014 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis , No...

Advance Copy of DOL Notice of Intent to Issue Declaratory Order re H-2B, Island Holdings; Request for Comment

"The Secretary of Labor (Secretary) is considering issuing on his own motion a declaratory order confirming that he has exclusive authority to make legal and policy determinations based on his statutory and regulatory authority to administer and enforce the H-2B temporary labor certification program...

DOL Notice of Intent to Issue Declaratory Order re H-2B, Island Holdings

"The Secretary of Labor (Secretary) is considering issuing on his own motion a declaratory order confirming that he has exclusive authority to make legal and policy determinations based on his statutory and regulatory authority to administer and enforce the H–2B temporary labor certification...

2012 H-2B Program Rule Enjoined - Bayou II

"The Plaintiffs in this case challenge a regulation issued by the United States Department of Labor (“DOL”) in connection with the H-2B visa program on grounds that DOL had no authority to issue the regulation. See Temporary Non-Agricultural Employment of H-2B Aliens in the United States...

H-2B News from DOL, Dec. 23, 2014

"In response to inquiries from our stakeholders, the Department is elaborating on the procedures that will be utilized in implementing the decision in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis , No. 14-3557 (3rd Cir.), as stated below. Additional guidance may also be posted here...

DOL Extends Comment Period for H-2B Notice of Intent to Issue Declaratory Order

" On December 17, 2014, the Department of Labor (Department) published in the Federal Register a Notice of Intent to Issue Declaratory Order, Request for Comment, 79 Fed. Reg. 75179 (Notice). The Notice provided for the submission of public comments through January 16, 2015. The Department will...

OFLC Issues Additional Guidance on H-2Bs, CATA, Surveys

"On Dec. 23, 2014, the Department announced procedures to implement the Court's decision in Comite de Apoyo a los Trabajadores Agricolas et al v. Perez, No. 14-3557 (3rd Cir.Dec. 5, 2014), which were applicable to (1) employers with pending prevailing wage requests based on an employer-provided...

DOL OFLC FAQ on H-2B Private Wage Surveys

U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification Frequently Asked Questions H-2B Program – Employer-Provided Surveys March 2015

Relief in Sight for H-2B Visas?

I have read DOL email chatter about a joint DOL/DHS Interim Final Regulation (IFR) to be published by April 30th that would address the crisis flowing from the March 4, 2015 Perez v. Perez decision. Watch this space for further news. DOL and/or DHS may make an announcement soon, perhaps Monday. Meanwhile...

Official from DOL: Next Steps for H-2B

"From: "Surbey, Jason - OPA" <Surbey.Jason@dol.gov> Date: March 16, 2015 11:01:03 AM CDT To: Dan Kowalski Dan, please see this joint statement from DOL and DHS on next steps for the H-2B Program: On March 4, 2015, the federal district court in the Northern District of...

OFLC on H-2B Restart - Mar. 18, 2015

Prohibition of DOL H-2B Processing Temporarily Lifted "On March 18, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting DOL to restart its processing of H-2B applications under the 2008 rule immediately and to continue processing applications...

DOL Takes Down Dedicated H-2B IFR Info Page; FAQs Remain

As of 11:30 a.m. Central, the dedicated page mentioned in yesterday's post is nowhere to be found. It was there yesterday, I swear. When will DOL bring it back to life? Meanwhile, the links to the FAQs still work. - DMK "The Office of Foreign Labor Certification has created a dedicated web...

DOL Posts H-2B Resources

"On May 27, 2015, 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-2B program made by the H-2B 2015 Interim Final Rule, which became effective on April 29, 2015. To learn more, you may now access...

DOL Updates H-2B Visa Forms

DOL, July 8, 2015 - "The Office of Foreign Labor Certification has updated the following H-2B forms: 1) Form 9142B - General Instructions; 2) Appendix B; 3) Form 9142B, Job Contractor Requirements under the 2015 H-2B Interim Final Rule. To access the forms, please click here ."

CA10 on H-2B, Improper Delegation: Daniels v. Perez

"The issue we confront is whether an agency may, without Congressional authorization, delegate its decision-making responsibility to an entirely different agency. Courts are quite tolerant of the administrative practices of agencies, but passing the buck on a non-delegable duty exceeds elastic limits...

DOL H-2B News Updated: Jan. 5, 2016

DOLETA, Jan. 5, 2015 - " OMB Approval of Revisions to Appendix B of Form ETA-9142B and Form ETA-9165 in order to Implement Provisions of 2016 DOL Appropriations Act The 2016 Department of Labor Appropriations Act (Division H, Title I of Public Law 114-113) (2016 DOL Appropriations Act), which...

DOL Apologizes for H-2B Slowdown, Blames Congress

DOL, Jan. 11, 2016 - "The Department's Office of Foreign Labor Certification (OFLC) is making this public service announcement to employers who participate in the H-2B temporary nonagricultural visa program. We have received a number of inquiries and correspondence concerning recent changes...

DOL Announces Emergency H-2B Procedures, Posts Processing Info

DOL, Feb. 19, 2016 : OFLC Announces Emergency Procedures Initiative for Backlogged H-2B Applications The Employment and Training Administration's (ETA) Office of Foreign Labor Certification (OFLC) is presently experiencing significant delays in processing employers' H-2B applications for...

DOL Enhances iCERT for H-2A/B Filers

DOL, Aug. 26, 2016 - " ETA Announces iCERT System Enhancement to Streamline the H-2A and H-2B Processes for Employers: Electronic Submission of Supporting Documentation Post-Filing ETA has implemented a new enhancement to the iCERT System related to the submission of applications for temporary...

DOL Issues New H-2A/B FAQs

DOL, Oct 4, 2016 - " H-2B Interim Final Rule FAQs Round 17 - The Department of Labor has published a seventeenth round of Frequently Asked Questions (FAQs) related to the filing and processing of H-2B Applications for Temporary Employment Certification covering issues related to the area of intended...