2010 - 2009

DOL Extends H-2B Rulemaking Comment Period (Updated 11/3/10) (11/3/2010)
DOL notice extending the comment period on the proposed rule, Wage Methodology for the Temporary Non-agricultural Employment in the H-2B Program, until 11/12/10. (75 FR 67662, 11/03/10) (75 FR 61577, 10/05/10) AILA Doc. No. 10100561.
AILA Doc. No. 10100561.
DOL Notice on Extension of Disclosures to Workers under the Migrant Seasonal and Agricultural Worker Protection Act (9/20/2010)
DOL WHD notice on the extension of disclosures to workers under the Migrant Seasonal and Agricultural Worker Protection Act. Comments are due 11/19/10. (75 FR 57296, 9/20/10). AILA Doc. No. 10092060.
AILA Doc. No. 10092060.
DOL Delegates Issuance of U Nonimmigrant Status Certificates to Administrator of Wage and Hour Division (9/10/2010)
DOL Secretary’s Order 5-2010 delegating authority to the WHD Administrator to issue U Nonimmigrant Status Certification and carrying out INA provisions relating to enforcement of labor condition applications for employment of H-1B, H-1B1 and E-3 visas. (75 FR 553532, 9/10/10) AILA Doc. No. 10091061.
AILA Doc. No. 10091061.
DOL Notice on H-2A Electronic Job Registry (7/2/2010)
The DOL Employment and Training Administration (ETA) announced that the National Electronic Job Registry (job registry) in which H-2A job orders will be posted and available to the public will be operational on July 8, 2010. (75 FR 38145, 7/1/10). AILA Doc. No. 10070266.
AILA Doc. No. 10070266.
DOL Comment Request on Form ETA-9033 (6/10/2010)
DOL issued a comment request on Form ETA-9033, Attestation by Employers using Alien Crewmembers for Longshore Activities at U.S. Ports. ETA has not received attestations under the prevailing practice exception within 3 years. Comments are due 8/9/10. (75 FR 32971, 6/10/10). AILA Doc. No. 10061063.
AILA Doc. No. 10061063.
DOL Final Rule on Notification of Employee Rights under Federal Labor Laws (5/20/2010)
DOL issued a final rule requiring federal contractors and subcontractors to provide notice to their employees of their rights under the National Labor Relations Act. (75 FR 28367, 05/20/10). AILA Doc. No. 10052066.
AILA Doc. No. 10052066.
DOL Announces Lower Living Standard Income Level Under WIA (5/11/2010)
Under the Workforce Investment Act (WIA), the Secretary of Labor determines annually the Lower Living Standard Income Level (LLSIL). This issuance provides the annual LLSIL for 2010 and references the current 2009 HHS Poverty Guidelines. (75 FR 25296, 05/11/10). AILA Doc. No. 10051166.
AILA Doc. No. 10051166.
DOL CFR Correction, Temporary Employment of Foreign Workers in the U.S. (3/31/2010)
DOL issued a correction in Title 20 of the Code of Federal Regulations (CFR)on temporary employment of foreign workers in the U.S. (75 FR 16000, 3/31/10). AILA Doc. No. 10033161.
AILA Doc. No. 10033161.
DOL Final Rule on Attestation Applications by Facilities Temporarily Employing H-1C Workers as Registered Nurses (3/5/2010)
DOL issued a final rule on attestations by facilities temporarily employing H-1C nonimmigrant foreign workers as registered nurses. This final rule is effective 4/5/10. (75 FR 10395, 3/5/10). AILA Doc. No. 10030530.
AILA Doc. No. 10030530.
DOL Notice on 2010 Adverse Effect Wage Rates, Allowable Charges for Agricultural Workers' Meals, and Maximum Travel Subsistence Reimbursement (2/18/2010)
DOL issued a notice on the 2010 Adverse Effect Wage Rates (AEWRs) and 2010 maximum allowable meal and travel subsistence charges applicable to employers seeking to employ H-2A workers. This notice is effective 3/15/10. (75 FR 7293, 2/18/10) AILA Doc. No. 10021762.
AILA Doc. No. 10021762.
DOL Announcement of Public Briefings on Changes to the H-2A Labor Certification Process (2/22/2010)
DOL issued an advance copy of the announcement of public briefings on the changes to the labor certification process for the temporary agricultural employment of H-2A aliens in the U.S. This announcement will be published in the Federal Register on 2/19/10. AILA Doc. No. 10021761.
AILA Doc. No. 10021761.
DOL Final Rule on Temporary Agricultural Employment of H-2A Aliens in the U.S. (2/16/2010)
DOL issued a final rule amending its regulations on the temporary agricultural employment of H-2A aliens in the U.S. This final rule is effective 3/15/10. (75 FR 9883, 2/12/10). AILA Doc. No. 10021160.
AILA Doc. No. 10021160.
DOL Fall Regulatory Agenda Fact Sheet(221 KB - 12/7/2009)
On 12/7/09, DOL issued a fact sheet on its Fall Regulatory Agenda on labor certification for temporary non-agricultural employment of H-2B workers. DOL tentatively identified areas for regulatory review that would enhance current wage and working condition protections for American workers and foreign nationals working temporarily in the U.S. AILA Doc. No. 09120730.
AILA Doc. No. 09120730.
DOL Notice on Prevailing Wage Determination Request Process Changes (12/4/2009)
On 12/4/09, DOL issued a notice that as of 1/01/10, OFLC NPWHC will receive and process PWD requests for H-1B, H-1B1, H-1C, H-2B, E-3, and permanent labor certification. The notice is effective 11/28/09 for PWD requests for job opportunities in the Mariana Islands (CNMI), and 1/01/10, for other PWD requests. (74 FR 63796, 12/4/09). AILA Doc. No. 09120430.
AILA Doc. No. 09120430.
DOL Notice of Change in Filing Locations for FLC Temporary Program Applications (12/4/2009)
On 12/4/09, DOL issued a notice announcing a change in location where applications for temporary labor certifications will be filed and/or are being processed. This notice is effective on 12/15/09. (74 FR 63795, 12/4/09). AILA Doc. No. 09120431.
AILA Doc. No. 09120431.
DOL Interim Final Rule on Extension of the H-2A Transition Period Procedures (11/17/2009)
On 11/16/09, DOL issued an Interim Final Rule on the transition period application filing procedures implemented under the December 2008 H-2A Final Rule. The application filing procedures under the extended transition period apply to all employers with dates of need before 06/1/10. Written comments are due on 12/17/09. (74 FR 59069, 11/17/09). AILA Doc. No. 09111365.
AILA Doc. No. 09111365.
Comment Period Extended for DOL Proposed Rule on Temporary Agricultural Employment of H-2As (10/2/2009)
Comment period to a 9/4/09 DOL proposed rule to amend regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment has been extended. Comments are now due 10/20/09. (74 FR 50929, 10/2/09). AILA Doc No. 09100214.
AILA Doc. No. 09100214.
DOL Proposed Rule on Temporary Agricultural Employment of H-2As(765 KB - 9/4/2009)
A 9/4/09 DOL proposed rule to amend regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment. Comments are due 10/5/09. (74 FR 45905, 9/4/09). AILA Doc. No. 09090464.
AILA Doc. No. 09090464.
Technical Changes and Corrections to H-2B Labor Certification Process (9/3/2009)
Technical changes and corrections to the H-2B labor certification process. To be published in the Federal Register September 3, 2009. (74 FR 45560, 9/3/09). AILA Doc. No. 09090269.
AILA Doc. No. 09090269.
DOL Announces Public Briefings on Using the New H-2B Temporary Labor Certification (8/21/2009)
DOL will hold two public briefings in Boston and Chicago on using the new H-2B temporary labor certification process for occupations other than agriculture or registered nursing. (74 FR 42331, 8/21/09). AILA Doc. No. 09082161.
AILA Doc. No. 09082161.
DOL Publishes Final Rule Reinstating H-2A Regulations (5/29/2009)
DOL published a final rule, effective in 30 days, that suspends the H-2A final rule published on 12/18/08. DOL is republishing and reinstating regulations in place on 1/16/09 for 9 months, after which the Department will either have engaged in further rulemaking or lift the suspension. (74 FR 24791, 5/29/09). AILA Doc. No. 09052862.
AILA Doc. No. 09052862.
DOL Publishes Semiannual Regulatory Agenda (Updated 5/13/09)(481 KB - 5/13/2009)
The complete DOL unified agenda of regulations that have been selected for review or development during the coming year is available on regulations.gov with links to related documents. AILA Doc. No. 09051161.
AILA Doc. No. 09051161.
DOL Publishes Interim Final Rule Extending Transition Period for H-2A Filing Procedures (4/16/2009)
DOL published an interim final rule amending its regulations to extend the transition period of the application filing procedures currently in effect for H-2A employers. (74 FR 17597, 4/15/09). AILA Doc. No. 09041563.
AILA Doc. No. 09041563.
DOL Publishes Notice of New iCERT Portal (4/15/2009)
DOL published a notice announcing the New iCERT portal system for temporary and permanent labor certifications. (74 FR 17545, 4/15/09). AILA Doc. No. 09041463.
AILA Doc. No. 09041463.
DOL Publishes Withdrawal Notice of Interpretation that Affects H-2A and H-2B Employers (3/26/2009)
DOL published a notice of withdrawal regarding an interpretation of the Fair Labor Standards Act that affects H-2A and H-2B employers. (74 FR 13261, 3/27/09). AILA Doc. No. 09032562.
AILA Doc. No. 09032562.
DOL Publishes Notice of Proposed Suspension of H-2A Rule (3/17/2009)
DOL published a notice proposing suspension for 9 months of the H-2A regulations published 12/18/09 (73 FR 77109), amending the rules governing certification for H-2A workers and the enforcement of contractual obligations applicable to employers. Comments are due ten days from 3/17/09. (74 FR 11407, 3/17/09). AILA Doc. No. 09031661.
AILA Doc. No. 09031661.
DOL Published Notice of Public Briefings on New ETA 9035 and ETA 9089 Forms (1/15/2009)
DOL published an ETA notice announcing two public briefings on using the re-engineered Form ETA 9035 and Form ETA 9089, as well as on the online portal system for application filing. (74 FR 2634, 1/15/09). AILA Doc. No. 08011331.
AILA Doc. No. 08011331.

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