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2010 - 2009

  • DOL 1994 Memo on Interpretation of “Equivalent Degree”(279 KB - 10/27/2010)
    06/13/94 DOL memorandum from Anna C. Hall, Acting Regional Administrator, to SESA and JTPA Administrators, providing clarification regarding when it is appropriate to require “or equivalent” after a specified degree. AILA Doc. No. 10102770.
  • DOL PERM Round 12 FAQs(107 KB - 10/12/2010)
    DOL PERM Round 12 Frequently Asked Questions (FAQs) addressing employer point of contact requirements. AILA Doc. No. 10101266.
  • DOL Issues H-2A 2010 Final Rule FAQs Round Two(396 KB - 9/16/2010)
    DOL Frequently Asked Questions (FAQs) Round 2 addressing the H-2A program under the new regulations, which took effect 3/15/10. AILA Doc. No. 10091636.
  • DOL PERM Round 11 FAQs(286 KB - 8/4/2010)
    DOL issued new PERM FAQs on filing and documentation requirements. Topics include expedite requests, how to document use of an employee referral program with incentives, unsolicited documentation and what OFLC counts as a “business day” for Notice of Filing purposes. AILA Doc. No. 10080472.
  • DOL ETA FY 2010 Foreign Labor Certification Planning Guidance(2934 KB - 4/7/2010)
    DOL Assistant Secretary of Employment and Training Administration Jane Oates issued guidance to state workforce agencies for the funding and management of FY 2010 annual grant allocations for Foreign Labor Certification (FLC) programs. AILA Doc. No. 10040764.
  • DOL Issues H-2A 2010 Final Rule FAQs Round One(2837 KB - 3/30/2010)
    DOL issued the first round of Frequently Asked Questions (FAQs) addressing the H-2A program under the new regulations, which took effect 3/15/10. AILA Doc. No. 10033061.
  • DOL Issues Updated Prevailing Wage FAQs(58 KB - 3/26/2010)
    DOL OFLC issued updated prevailing wage FAQs to assist employers and others. These FAQs replace those issued in December 2009 by updating certain information. AILA Doc. No. 10032662.
  • Information from DOL Regarding Electronic Submission of Prevailing Wage Requests (1/14/2010)
    The DOL provides information and a "Quick Start Guide" regarding the electronic submission of prevailing wage requests. AILA Doc. No. 10011460.
  • DOL ETA Prevailing Wage Determination Policy Guidance(340 KB - 1/4/2010)
    On 1/4/10, DOL posted updated Prevailing Wage Determination Policy Guidance for use in the Nonagricultural Immigration Programs. The guidance addresses the H-2B regulation published in December 2008 and the corresponding changes to PERM, H-1B, H-1B1, H-1C and E-3 regulations governing temporary professional, nonagricultural or registered nursing programs. AILA Doc. No. 10010468.
  • DOL Frequently Asked Questions on Filing and Processing of PWD Requests(78 KB - 1/4/2010)
    On 1/4/10, DOL posted Frequently Asked Questions on the filing and processing of Prevailing Wage Determination (PWD) requests. OFLC National Prevailing Wage and Helpdesk Center is currently accepting for processing PWD requests for use in H-1B, H-1B1, H-2B, E-3 and permanent labor certification programs, as well as requests for use in the CNMI. AILA Doc. No. 10010466.
  • DOL Fact Sheet #62F: What Records Must an H-1B Employer Make Available to the Public?(240 KB - 12/4/2009)
    In July 2008, DOL issued a revised fact sheet that provides general information concerning an H-1B employer's public access records that must be maintained and made available under the H-IB program. AILA Doc. No. 09120432.
  • DOL CNMI Prevailing Wage Determinations FAQs(74 KB - 12/3/2009)
    On 11/30/09, DOL posted Frequently Asked Questions to assist Commonwealth of the Northern Mariana Islands (CNMI) employers with obtaining prevailing wages. On 11/28/09, the Consolidated Natural Resources Act of 2008 applied the INA to the CNMI. The Department will administer certain immigration programs on CNMI. AILA Doc. No. 09120369.
  • DOL PERM Appeals FAQs(118 KB - 12/3/2009)
    On 12/1/09, DOL posted Frequently Asked Questions explaining best practices for filing an appeal request with the National Processing Center. Topics included options for filing, reconsideration, denial based on incorrect or missing information on the ETA Form 9089, how to file a request for review solely before BALCA, Department error appeals, and status inquiries. AILA Doc. No. 09120363.
  • DOL FAQs on Change of Attorney and Change of Employer Address(882 KB - 12/2/2009)
    The DOL provides FAQs on how to notify DOL of change of employer address and change of Attorney. AILA Doc. No. 09120260.
  • DOL FAQ on Change of Address/Representation(504 KB - 12/1/2008)
    DOL FAQ from 12/1/09 providing instructions for employers and attorney representatives on updating or changing address information with DOL for PERM applications. AILA Doc. No. 09120158.
  • H-2B Temporary Labor Certification Process Stakeholder Briefing(1975 KB - 9/25/2009)
    In September 2009, the Department of Labor (DOL) held Stakeholder briefing sessions in Boston and Chicago. The DOL offered a regulatory overview, information on employer application filing, and program integrity provisions. AILA Doc. No. 09092568.
  • DOL Offers FAQs on Labor Condition Applications for H-1Bs(43 KB - 9/17/2009)
    On April 15, 2009, DOL launched the iCERT Portal, which created a new electronic system for the submission of Labor Condition Applications. As a result, DOL has now offered FAQs in response to questions arising from the application of the new online system and the newly redesigned ETA Form 9035 and 9035E. AILA Doc. No. 09091711.
  • DOL Field Memo on Travel and Visa Expenses of H-2B Workers(8990 KB - 8/26/2009)
    On August 21, 2009, the DOL Deputy Administrator, John McKeon, issued a Memorandum to Regional Administrators and District Directors, which discusses travel and visa expenses of H-2B workers under the Foreign Labor Standards Act (FLSA). AILA Doc. No. 09082662.
  • DOL Response to NBCOT Regarding OT Education Requirements Cited in the OOH(87 KB - 7/31/2009)
    A 5/15/09 response from Kristina Bartsch, Chief of the Division of Occupation Outlook of the DOL's Office of Occupational Statistics and Employment Projections, to Paul Grace, President & CEO of NBCOT, regarding NBCOT's concerns with the misinterpretation, by immigration officials, of the OT education requirements cited in the OOH. AILA Doc. No. 09073174.
  • DOL Plans to Eliminate the Employment Standards Administration(52 KB - 7/9/2009)
    On July 8, 2009, The Department of Labor announced its plans to eliminate the Employment Standards Administration (ESA) and elevate the components of ESA -- Wage and Hour, Labor-Management Standards, Federal Contract Compliance, and Workers' Comp Programs -- to stand-alone programs with direct reporting to the Secretary of Labor. AILA Doc. No. 09070970.
  • DOL H-2B Entertainer FAQs(35 KB - 6/30/2009)
    On 6/19/09 the DOL Office of Foreign Labor Certification released FAQs regarding implementation of final H-2B regulations for temporary labor certifications in the entertainment industry. AILA Doc. No. 09063060.
  • DOL Updates iCert User Manual(2358 KB - 6/8/2009)
    The Department of Labor recently updated its iCert user manual with the addition of Section 5 regarding profile management. AILA Doc. No.09060830.
  • DOL FAQs on Suspension of H-2A Final Rule(234 KB - 6/1/2009)
    DOL released FAQs regarding the 5/29/09 suspension of a 12/18/08 final rule on H-2As. The suspension will take effect on 6/29/09. AILA Doc. No. 09060131.
  • TEGL on FY 2009 Grant Allocations for Foreign Labor Certification Programs(3561 KB - 4/27/2009)
    This DOL Office of Foreign Labor Certification (OFLC) Training and Employment Guidance Letter (TEGL) No. 18-08 provides guidance to the State Workforce Agencies (SWAs) on the management of FY 2009 annual grant allocations for Foreign Labor Certification programs. AILA Doc. No. 09042764.
  • DOL Round 1 FAQs on the H-2B Final Rule(60 KB - 4/20/2009)
    DOL released the first round of FAQs on H-2Bs following the new regulations, which took effect 1/18/09. The FAQs deal with the new forms ETA-9141 and ETA-9142, including where to find the NAICS and SOC codes, and where and when to file. AILA Doc. No. 09042066.
  • DOL FAQs Following Notice of Proposed Suspension of H-2A Rule(51 KB - 3/18/2009)
    DOL's Office of Foreign Labor Certification released FAQs regarding the department's consideration of H-2As in light of the recent notice of proposed suspension of the H-2A final rule published in December 2008. AILA Doc. No. 09031860.
  • OFLC LCA Help Desk Fact Sheet (October 2009)(123 KB - 2/13/2009)
    DOL's OFLC amended its February 2009 Fact Sheet concerning the Labor Certification Application (LCA) Help Desk. AILA Doc. No. 09021390.
  • DOL Guidance on iCERT Portal and Selected PERM Statistics(405 KB - 2/4/2009)
    The DOL's Office of Foreign Labor Certification (OFLC) provides guidance from employers and attorneys on using the iCERT System for application submissions. It is followed by selected statistics for the PERM program for FY 2009. AILA Doc. No. 09020460.
  • DOL Wage and Hour Field Operations Handbook: Chapter 71 Enforcement of H-1B Labor Condition Application (1/28/2009)
    AILA’s FOIA Action Committee recently obtained “Chapter 71: Enforcement of H-1B Labor Condition Applications” from the Department of Labor’s “Wage and Hour Field Operations Handbook.” The chapter gives guidance on the complaint, investigation and enforcement procedures used in enforcement of Labor Condition applications. AILA Doc. No. 09012871.
  • DOL Releases 2010 SOC Structure(107 KB - 1/27/2009)
    DOL released the 2010 SOC Structure on behalf of the Standard Occupational Classification Policy Committee. Changes to titles or codes are highlighted in yellow. AILA Doc. No. 09012760.
  • DOL Supplements FAQs With Information on Supervised Recruitment(24 KB - 1/14/2009)
    DOL's OFLC has supplemented its FAQs with issues stemming from its supervised recruitment process. AILA Doc. No. 09011470.