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foreign labor certification - employment & training administration, u.s. department of labor united states department of labor employment & training administration a to z | site map | faqs | forms | about dol | contact us | español -- eta home find job & career info business & industry workforce professionals grants & contracts taa program foreign labor certification performance & results regions & states office of foreign labor certification about flc oflc division organization chart -- how do i… policies & regulations program debarments foreign labor recruiter list oflc performance data contact information oflc help desks oflc help desks -- ombudsman programs h-2a h-2b electronic filing icert online filing system h-2a and h-2b electronic filing resources perm online filing system forms and instructions hiring foreign workers permanent h-1b h-1b1 e-3 h-2a h-2a herder final rule h-2b d-1 prevailing wage faqs wage and occupation information additional information and resources h-2a herder final rule i want to... select an option - contact oflc - find the latest perm processing times - sponsor a foreign national for permanent employment with my company - hire temporary agricultural workers for my farm or ranch - hire temporary non-agricultural workers for my company - find the latest frequently asked questions (faqs) - file an lca or prevailing wage request - contact the oflc h-2a ombudsman program - contact the oflc h-2b ombudsman program - file a perm application - view oflc performance data e-mail updates type your e-mail address into the box then click on "subscribe" to receive oflc updates. announcements july 13 july 13, 2018. fy 2018 q3 cumulative disclosure data the oflc perm, h-2a, h-2b, prevailing wage, and h-1b program disclosure data files for quarter 3 of fy 2018 are now available. access to the disclosure files and corresponding record layouts are available on the oflc performance data page . july 13 july 13, 2018. fy 2018 q3 selected statistics the office of foreign labor certification has posted updated program factsheets containing the quarter 3 fy 2018 selected statistics for the permanent labor certification program , prevailing wage determination program , h-1b temporary visa program , h-2a temporary agricultural visa program , and h-2b temporary non-agricultural visa program . reports are derived from program data as of 6/30/2018. the updated program factsheets may also be found on oflc's performance data page . july 2 july 2, 2018. on july 1, 2018, oflc uploaded the newest prevailing wage data from the occupational employment survey as generated by the bureau of labor statistics for the year from july 2018 - june 2019. the effective date is july 1, 2018. prevailing wage determinations issued from the national prevailing wage center will reflect the new data. june 14 june 14, 2018. the perm appeals webinar presentation, hosted on june 13, 2018, is posted under the perm webinars link on the office of foreign labor certification's permanent labor certification program web page. you can access the perm webinar directly. june 1 june 1, 2018. h-2b processing announcement the department of labor's office of foreign labor certification (oflc) is making this announcement to inform employers and other interested stakeholders how h-2b applications for temporary employment certification , form eta-9142b, filed by employers on or after july 3, 2018, will be assigned to staff for review in accordance with 20 c.f.r. 655.30. background oflc continues to experience significant increases in the number of h-2b applications requesting temporary labor certification, and those submissions are generally received on the earliest day employers, seeking to obtain visas for their workers under the semi-annual allotments, are permitted by regulation to file (i.e., 75 to 90 days before the start date of work). for example, in the past several second-half semi-annual filing cycles, the overwhelming majority of h-2b applications were received on january 1, which is the earliest date on which an h-2b application may be filed for a period of need beginning on april 1. because of the intense competition for h-2b visas in recent years, the semi-annual visa allocation, and the regulatory timeframes for filing a request for temporary labor certification, stakeholders have also raised questions regarding the earliest time of day on which an application can be submitted to oflc. in order to process the significant surge of applications that oflc expects to receive in a short period of time during the semi-annual visa allotment periods in a more equitable manner and to clarify the time at which an application is received, oflc will be implementing the following procedures. process announcement for h-2b applications filed on or after july 3, 2018, oflc will sequentially assign h-2b applications to analysts based on the calendar date and time on which the applications are received (i.e., receipt date and time). receipt time will be measured to the millisecond, e.g., 12:00:00.000 a.m. oflc's technology servers are located in the eastern time zone; therefore, the time an application is received and assigned to analysts is based on eastern time (et). applications submitted from other time zones may be filed as early as 12:00:00.000 a.m. et, as discussed below. once assigned, the analysts will initiate review of each h-2b application in the order of receipt date and time, and in accordance with 20 c.f.r. 655.30. based on the analyst's review, the certifying officer (co) will authorize issuance of either a notice of acceptance (noa) under 20 c.f.r. 655.33 or a notice of deficiency (nod) under 20 c.f.r. 655.31. following issuance of noas and/or nods, the applications will be processed as each successive stage in the process is completed. employers receiving noas may proceed to meet the additional regulatory requirements, including recruitment of u.s. workers and submission of recruitment reports. employers receiving nods must correct any deficiencies and then receive a noa before proceeding to meet the additional regulatory requirements. as a result, for each application, analysts' review of nod responses and recruitment reports, and issuance of final decisions (certifications and denials) will follow in the order in which each sequential step required by the regulations is concluded, irrespective of the receipt time of the application. as required, oflc will grant temporary labor certification only after the employer's h-2b application has met all the requirements for approving labor certification under 20 cfr 655.50 and the subpart. in accordance with regulatory requirements, oflc will send all certified h-2b applications to the applicant by means normally assuring next day delivery. oflc will issue rejections, withdrawals, and denials of labor certification applications as each determination is made by the co. instructive examples related to time zones applicants wishing to file their h-2b applications at the earliest possible time may begin filing at 12:00:00.000 a.m. et on the appropriate calendar day. as noted above, application receipt time is based upon et. receipt time is not based on the time zone covering the geographic location in which the applicant is filing, nor is it based on the time zone covering the geographic location in which the job is located. for example, applicants seeking to file an h-2b application from a location outside the eastern time zone at the earliest possible filing time for the first-half semi-annual filing cycle of fy 2019 should file at 12:00:00.000 a.m. et on july 3, 2018; not 12:00:00.000 a.m. in any other time zone in which that person is located on july 3, 2018. as noted above, receipt time will be measured to the millisecond. the following examples help illustrate how the receipt date and time will be recorded on h-2b applications filed with oflc: an h-2b application filed and received on july 3, 2018
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