2005

DOL Letter Provides Guidance on Labor Certification Applications Affected by Hurricanes (12/8/2005)
Letter issued 11/16/05 outlines procedures for dealing with labor certification applications affected by Hurricanes Katrina, Rita, and Wilma. This letter replaces and supercedes all prior labor certification guidance related to the hurricanes. (70 FR 73035, 12/08/05).
AILA Doc. No. 05120811.
DOL Final Rule on Amendments to H-1B & H-1B1 Programs(141 KB - 12/5/2005)
DOL publishes final rule on amendments to H-1B & H-1B1 regulations. The amendments, effective 01/04/06, include a requirement for electronic filing of LCAs by employers. (70 FR 72555 , 12/05/05). AILA Doc. No. 05120512.
AILA Doc. No. 05120512.
Department of Labor Publishes Semi-Annual Regulatory Agenda(216 KB - 11/1/2005)
The Department of Labor published its semi-annual regulatory agenda. The agenda outlines current and projected rulemaking efforts by the Department and provides an estimated timetable for each item. (70 FR 64896, 10/31/05). AILA Doc. No. 05110118.
AILA Doc. No. 05110118.
DOL Issues Wage Determination Decisions on Federal & Federally-Assisted Construction Projects (9/23/2005)
DOL issues general wage determination decisions on federal and federally-assisted construction projects for specified classes of contract laborers and mechanics . (70 FR 55924 , 9/23/05).
AILA Doc. No. 05092361.
DOL Issues Wage Determination Decisions on Federal & Federally-Assisted Construction Projects (9/16/2005)
DOL issues general wage determination decisions on federal and federally-assisted construction projects for specified classes of contract laborers and mechanics . (70 FR 54771 , 9/16/05).
AILA Doc. No. 05091664.
DOL Issues Wage Determination Decisions on Federal & Federally-Assisted Construction Projects (9/9/2005)
DOL issues general wage determination decisions on federal and federally-assisted construction projects for specified classes of contract laborers and mechanics . (70 FR 5 3691, 9/9/05).
AILA Doc. No. 05090970.
DOL Proposes Rule to Limit Unemployment Compensation for Aliens (9/7/2005)
A proposed Dept. of Labor regulation addresses the availability of unemployment compensation for aliens. The proposed regulation attempts to codify rules regarding "able and available for work". Comments are due 9/20/05. (70 FR 42474, 7/22/05)
AILA Doc. No. 05090765.
DOL Modifies General Wage Determination Decisions (8/26/2005)
DOL announces modifications to its general wage determination decisions for Federal and Federally Assisted Construction. (70 FR 50418 , 8/26/05).
AILA Doc. No. 05082666.
DOL Amends Regulations to Allow for Implementation of Wage Determinations OnLine Website (8/26/2005)
DOL amends its regulations to allow for full implementation of the Wage Determinations OnLine (WDOL) Internet website as the source for federal contracting agencies to use when obtaining wage determinations issued by the DOL for certain service and construction contracts. (70 FR 50887, 8/26/05).
AILA Doc. No. 05082665.
Labor Dept. To Propose Elimination of Substitutions/Imposition of 45-Day Deadline for Filing I-140s (8/16/2005)
A proposed rule that would eliminate substitutions on labor certification applications, impose a 45-day deadline for filing an I-140, and add enforcement measures was cleared by OMB on 8/10/05. The next steps are approval and signature at DOL, then publication in the Federal Register. AILA intends to comment on the proposed rule. AILA Doc. No. 05081640.
AILA Doc. No. 05081640.
DOL Provides Guidance on E-3 LCAs and Clarification On Permanent and Temporary Filings (7/26/2005)
Notice from Dept. of Labor addresses the process for filing labor condition applications for the new E-3 visas for Australians, and clarifies instructions on filing applications in the H-1B, H-1B1, H-2 and permanent contexts. (70 FR 41430, 7/19/05)
AILA Doc. No. 05072665.
DOL's ETA Reassigns Labor Certification Functions to the Chief, Division of Foreign Labor Certification (7/7/2005)
The Assistant Secretary for Employment and Training reassigned all functions of the Regional Administrators of the Employment and Training Administration (ETA) and the Director of the United States Employment Service under 20 CFR parts 655 and 656 to the Chief, Division of Foreign Labor Certification. (70 FR 39385, 7/7/05).
AILA Doc. No. 05070763.
DOL Publishes Semiannual Agenda of Regulations (5/16/2005)
DOL provides semiannual agenda of all regulations that are expected to be under review or development between April 2005 and April 2006, as well as those completed during the past six months. (70 FR 27164, 5/16/05)
AILA Doc. No. 05051565.
ETA Proposes Amendment Requiring Electronic Filing for Labor Condition Applications (4/1/2005)
ETA proposed rule amends H-1B regulations to require web-based electronic filing for Labor Condition Applications to reduce costs and improve efficiency. Other amendments include attestation obligations for employers who are H-1B dependent or who have committed willful violations of H-1B requirements. Comments due by 5/2/05. (70 FR 16774, 4/1/05)
AILA Doc. No. 05040168.
Form ETA 9089--Final Version (Paper version updated 3/28/05; 1:45 EST) (3/28/2005)
Paper version, and link to electronic filing system, for the final version of the new PERM labor certification form, ETA 9089.
AILA Doc. No. 05032861.
DOL Announces Reestablishment of National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements (3/24/2005)
DOL announces the reestablishment of the National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements. The 12 member committee will review and provide advice on issues within the scope of the North American Agreement on Labor Cooperation, as well as the labor provisions of various US Free Trade Agreements. (70 FR 15125, 3/24/05)
AILA Doc. No. 05032440.
DOL Reopens & Extends Comment Period on Post-Adjudication Audits of H-2B Petitions (3/10/2005)
DOL reopens and extends the comment period for the proposed rule on DOL's post-adjudication audits of attestations submitted in support of selected approved H-2B petitions received from DHS. Comments due by 4/8/05. (70 FR 11592, 3/9/05)
AILA Doc. No. 05031070.
DOL Publishes Notice on Where to Mail Non-Electronic PERM Filings on or after 3/28/05 (2/8/2005)
The DOL notice provides the mailing addresses and designated Processing Center for PERM applications filed by mail, rather than electronically, on or after the 3/28/05 PERM effective date. Note that the announcement advises "applications submitted by mail will not be processed as quickly as those filed electronically." (70 FR 6734, 2/8/05).
AILA Doc. No. 05020864.
DOL Publishes Proposed Regulations with Major Changes to the H-2B Process (1/27/2005)
The DOL and DHS concurrently published rules substantially changing the H-2B petition process to make it a “one-step.” The proposed rules require electronic filing and eliminate the labor certification application requirement. The DOL will retain audit authority and responsibility. Comments are due on or before 2/28/05. (70 FR 3993, 1/27/05).
AILA Doc. No. 05012769.
DOL Publishes Notice of Staff Relocation to the Atlanta and Chicago National Processing Centers (1/7/2005)
This notice provides contact information for the two new processing centers. All foreign labor certification processing previously conducted in the Atlanta and Chicago Regional Offices will now be assumed by the corresponding Atlanta or Chicago National Processing Centers. Specific instructions are provided for H-2A and H-2B filings. (70 FR 1473, 1/7/05).
AILA Doc. No. 05010761.
Where Can I Find the New Labor Certification Form?(938 KB - 1/5/2005)
The new labor certification form for PERM, Form ETA 9089, was published at the end of the PERM regulation. We have separated the instructions and form for you so you do not have to download the whole regulation. AILA Doc. No. 05010560.
AILA Doc. No. 05010560.

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