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Christina Lopez
Christina Lopez

The Long Dark V1.39 No Survey No Password 2019

Date: Wednesday, December 11, 2019Start Time: 2:30 p.m. Eastern Time (lasting approximately 1 hour)Link: =e029d7497a8ae370163092626c24da188 Meeting password: Welcome!68Call-in information:

The Long Dark v1.39 no survey no password 2019


Date: Wednesday, September 18, 2019 2:00 p.m. Eastern TimeLink: =e2547a36864b207335bad0d74f0abf45a Meeting password: Welcome!24 Conference call-in number: 888-469-1548Participant passcode: 2477817

The Office of Foreign Labor Certification (OFLC) has published Form ETA-9142-B-CAA-3 and the accompanying instructions in support of the temporary rule jointly issued by the Department of Homeland Security and the Department of Labor, titled "Exercise of Time-Limited Authority to Increase the Fiscal Year 2019 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program." The temporary rule was published in the Federal Register on May 8, 2019, with an immediate effective date. The Secretary of Homeland Security has decided, after consultation with DOL, to increase the H-2B cap for FY 2019 by up to 30,000 additional visas for American businesses that are likely to suffer irreparable harm (that is, permanent and severe financial loss) without the ability to employ all of the H-2B workers requested on their respective petitions before the end of FY 2019. The temporary rule requires an employer to conduct additional recruitment of U.S. workers when it submits a request to DHS for H-2B visas made available by the regulation if the employer submits that request to DHS more than 45 days after the start date of need listed on the temporary labor certification issued by DOL. The temporary rule also requires that, for purpose of the FY 2019 one-time increase, any H-2B nonimmigrants falling under this cap increase be limited to returning workers who were issued an H-2B visa or were otherwise granted H-2B status in FY 2016, 2017, or 2018. This attestation must be submitted to the United States Citizenship and Immigration Services along with Form I-129, in support of an H-2B application subject to the H-2B cap before the end of Fiscal Year 2019. The attestation is also available on the Forms and Instructions section of the OFLC website found at:

The Department held a conference call on Friday, January 4, 2019, to update stakeholders on the status of the iCERT system and timeline to restore services at 2:00 p.m. EST on MONDAY, JANUARY 7, 2019 . The Department is issuing this announcement in response to specific questions regarding passwords for the iCERT system. To access the new FAQs, please click here .

The Department is reviewing the USDA FLS average annual wage rates for 2019 and will soon publish a notice in the Federal Register announcing new AEWRs for each state. To obtain more information on the National Agricultural Statistic Service (NASS) surveys and reports, please call the NASS Agricultural Statistics Hotline at (800) 727-9540, 7:30 a.m. EST to 4:00 p.m. EST, or e-mail: . You can access a copy of the latest USDA FLS report .

The 2016 Department of Labor Appropriations Act (Division H, Title I of Public Law 114-113) (2016 DOL Appropriations Act), which was enacted on December 18, 2015, contained several provisions requiring non-substantive modifications to (1) the Form ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey and (2) Appendix B of the Form ETA-9142B, H-2B Application for Temporary Employment Certification. In order to comply with the 2016 DOL Appropriations Act, the Office of Foreign Labor Certification (OFLC) submitted these non-substantive modifications to the Office of Management and Budget (OMB) for review and approval. The OMB has now approved the non-substantive modifications. Therefore, the OFLC Certifying Officers (COs) may issue H-2B prevailing wage determinations based on the submission of a private survey, and may now certify H-2B applications for temporary labor certification, so long as all applicable program requirements are met.

Employers who have received a prevailing wage determination: Employers who have already received a prevailing wage determination based on an employer-provided survey but who have not yet filed their application with the Chicago National Processing Center (NPC) may request a redetermination from the National Prevailing Wage Center irrespective of the time limits set forth in 20 CFR 655.10(g). An employer who has received a prevailing wage determination based on an employer-provided survey may use the survey-based wage rate in its recruiting. Employers who have filed their application with the NPC, and whose applications are adjudicated favorably, will receive a supplemental prevailing wage determination (SPWD) based on the OES mean for the occupation, along with the certification. The SPWD will provide the opportunity to seek a redetermination under 20 CFR 655.10(g). If, upon redetermination, the use of an alternative wage source (SCA, DBA, or CBA) is approved, the employer should return the original certification to the NPC and a new certification will be issued.

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. 14-3557 (3rd Cir.). The Court's order vacated the portion of the H-2B wage rule (20 CFR 655.10(f)) and 2009 Wage Guidance permitting the use of such surveys. Therefore, Prevailing Wage Determination Requests currently pending with the National Prevailing Wage Center that seek to utilize employer provided surveys will be given the appropriate Occupational Employment Statistics (OES) wage for the occupation. Employers who wish to utilize a Service Contract Act or Davis Bacon Act wage determination or a wage based on a Collective Bargaining Agreement may request redetermination under 20 CFR 655.10(g). Employers whose prevailing wage determination was based an employer provided wage survey, but whose H-2B Applications for Temporary Employment Certification have not yet resulted in a final determination by the Chicago NPC, will be notified of their new wage obligation along with their certification letters.

Effective March 22, the Department is holding in abeyance most pending H-2B prevailing wage requests and those it received after March 22, while it considers appropriate action in response to the Court order entered March 21, 2013 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa). That order granted a permanent injunction against the operation of the portion of the 2008 wage rule related to prevailing wage determinations and gave the Department 30 days to come into compliance with the Court order. The result is that the Department can no longer make prevailing wage determinations based on the Occupational Employment Statistics (OES) survey four tier wage system. The Department will, however, continue to process prevailing wage requests not enjoined by the court order: those utilizing applicable Collective Bargaining Agreements, acceptable private wage surveys or Service Contract Act or Davis Bacon Act wage determinations. The Department intends to comply with the Court order within 30 days by promulgating a revised wage rule. This will allow the Department to resume providing employers with prevailing wage determinations. 350c69d7ab


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