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2011

  • DOL Issues 2010 H-2A Final Rule FAQs, Round Four(232 KB - 12/7/2011)
    DOL Round Four FAQs on the 2010 H-2A final rule address job requirements, contract impossibility provisions, labor contractors, and surety bonds. AILA Doc. No. 11120776.
    AILA Doc. No. 11120776.
  • DOL Explains 30-Day Requirement for Web-Based Professional Journal Ads(177 KB - 11/14/2011)
    Letter from Dr. William Carlson, Administrator, OFLC to AILA member Josue Villanueva, explaining that the 30-day recruitment period for electronic journal ads is consistent with the normal industry practice and provides reasonable notice of the job opportunity. AILA Doc. No. 11111460.
    AILA Doc. No. 11111460.
  • OFLC Updates PERM FAQ on Job Requirements Considered Not Normal to the Occupation(14 KB - 11/8/2011)
    OFLC PERM FAQ, revised on 11/7/11, providing guidance on listing job requirements beyond those considered normal for the occupation on both the ETA Form 9194 and ETA Form 9089. AILA Doc. No. 11110864.
    AILA Doc. No. 11110864.
  • DOL Advises on the Use of Revised SOC Codes in the PERM Online System(117 KB - 10/24/2011)
    DOL is working on incorporating the revised SOC codes into the PERM online application system. Until the codes are fully integrated, the Atlanta Processing Center will accept older SOC codes, even if they do not match the code indicated on the PWD. AILA Doc. No. 11102422.
    AILA Doc. No. 11102422.
  • DOL Now Issuing Two Prevailing Wage Determinations for Certain H-2Bs (10/14/2011)
    AILA has received reports that DOL is issuing two prevailing wage determinations for H-2B cases: one to be used for work performed until 11/29/11, and the second to be used for work performed on or after 11/30/11 unless a new effective date for the wage rule is established. AILA Doc. No. 11101441.
    AILA Doc. No. 11101441.
  • OFLC Updates Prevailing Wage FAQ Regarding PWD for College and University Teachers(49 KB - 10/13/2011)
    OFLC Prevailing Wage FAQ regarding the need for a prevailing wage determination (PWD) for college and university teachers under the optional recruitment and documentation procedures provision. AILA Doc. No. 11101336.
    AILA Doc. No. 11101336.
  • OFLC Updates PERM FAQ on Recruitment Timelines and Time Periods(18 KB - 9/13/2011)
    OFLC PERM FAQ, revised on 9/8/11, providing guidance on how to make timeline and time period calculations as outlined by the regulation. AILA Doc. No. 11091364.
    AILA Doc. No. 11091364.
  • OFLC Publishes Guidance for H-2A Employers(44 KB - 9/13/2011)
    OFLC filing tips to assist employers with the H-2A program by highlighting common mistakes which can delay the processing of an application, based upon the Chicago National Processing Center’s experiences in processing H-2A applications over the past 16 months. AILA Doc. No. 11091363.
    AILA Doc. No. 11091363.
  • OFLC Publishes H-2A FAQs on Amendments, Extensions, and Abandonments/Terminations(36 KB - 9/13/2011)
    OFLC H-2A FAQs addressing amendments to applications, post-certification changes to the end date of work, and post-certification notification to the Department regarding workers who have abandoned or have been terminated from their position. AILA Doc. No. 11091362.
    AILA Doc. No. 11091362.
  • DOL Publishes New H-2B Prevailing Wage FAQ(13 KB - 9/1/2011)
    DOL FAQ providing guidance to employers in understanding how the Service Contract Act (SCA) wages are used by the OFLC in issuing H-2B prevailing wage determinations. AILA Doc. No. 11090165.
    AILA Doc. No. 11090165.
  • DOL Revised PERM FAQ on Special Recruitment for College and University Teachers (Updated 9/28/11)(39 KB - 9/28/2011)
    DOL FAQ, revised 9/28/11, replacing the existing guidance on the use of an electronic or web-based national professional journal instead of a print journal when conducting recruitment for college and university teachers as specified under 20 CFR 656.18. AILA Doc. No. 11090164.
    AILA Doc. No. 11090164.
  • DOL Issues H-2A 2010 Final Rule FAQs Round Three(61 KB - 8/25/2011)
    DOL FAQs Round Three released regarding H-2A 2010 Final Rule, addressing what should be included in the ETA Form 790, where to find SOC codes and occupation titles, housing requirements, labor contractor requirements, and more. AILA Doc. No. 11082520.
    AILA Doc. No. 11082520.
  • DOL Publishes H-2B Supplemental Prevailing Wage Determination FAQs(13 KB - 8/16/2011)
    DOL FAQs posted on 8/15/11 to assist employers and others on the H-2B prevailing wages, specifically on the issuance of supplemental prevailing wages in accordance with the 6/15/11 district court order which vacated the 1/1/12 effective date of DOL’s H-2B wage methodology. AILA Doc. No. 11081661.
    AILA Doc. No. 11081661.
  • OFLC H-2B FAQ for Job Contractors(253 KB - 7/26/2011)
    OFLC H-2B FAQ published on its website under “Job Contractors,” providing information about whether a job contractor can combine job opportunities with several of its joint employer employer-clients in a newspaper advertisement. AILA Doc. No. 11072634.
    AILA Doc. No. 11072634.
  • OFLC H-2A FAQ on Staggered Dates of Need(223 KB - 7/26/2011)
    OFLC H-2A FAQ published on its website under “Staggered Dates of Need,” providing information about whether an employer can file a single Application for Temporary Employment Certification for staggered dates of need. AILA Doc. No. 11072633.
    AILA Doc. No. 11072633.
  • DOL TEGL 16-06, Change 1: H-2A Labor Certification Process for Multi-State Custom Combine Owners/Operators(117 KB - 8/4/2011)
    DOL 06/14/11 Training and Employment Guidance Letter (TEGL) on updated H-2A special procedures for multi-state custom combine owners/operators who apply for labor certifications to hire temporary foreign workers as crew members to perform work in the U.S. AILA Doc. No. 11080432.
    AILA Doc. No. 11080432.
  • TEGL 33-10: H-2A Labor Certification Process in the Itinerant Commercial Beekeeping Industry(102 KB - 6/15/2011)
    DOL 06/14/11 Training and Employment Guidance Letter (TEGL) to establish special procedures for itinerant commercial beekeeping employers who apply for labor certifications to hire temporary agricultural foreign workers to perform work in the U.S. AIlA Doc. No. 11061566.
    AILA Doc. No. 11061566.
  • TEGL 32-10, Change 1: H-2A Labor Certification Process for Occupations Engaged in Sheepherding and Goatherding(134 KB - 6/15/2011)
    DOL 6/14/11 Training and Employment Guidance Letter (TEGL) on updated special procedures in the H-2A program for employers who apply for the labor certifications to hire temporary agricultural foreign workers to perform sheepherding and/or goatherding activities. AILA Doc. No. 11061563.
    AILA Doc. No. 11061563.
  • TEGL 15-06, Change 1: H-2A Labor Certification Process for Occupations Involved in Open Range Production of Livestock(1177 KB - 6/15/2011)
    DOL 06/14/11 Training and Employment Guidance Letter (TEGL) on updated special procedures in the H-2A program for employers who apply for the labor certifications to hire temporary agricultural foreign workers in the open range production of livestock in the U.S. AILA Doc. No. 11061562.
    AILA Doc. No. 11061562.
  • TEGL 17-06, Change 1: H-2A Labor Certification Process in the Itinerant Animal Shearing Industry(112 KB - 6/15/2011)
    DOL 06/14/11 Training and Employment Guidance Letter (TEGL) on updated special procedures in the H-2A program for employers who apply for labor certifications to hire temporary agricultural foreign workers in the itinerant animal shearing industry in the United States. AILA Doc. No. 11061561.
    AILA Doc. No. 11061561.
  • DOL FAQ on Requesting an Extension When Documentation Cannot be Timely Submitted(54 KB - 4/5/2011)
    DOL FAQ addressing how an employer can request an extension from the Atlanta National Processing Center when documentation in response to a decision or request for information cannot be submitted in a timely manner. AILA Doc. No. 11040531.
    AILA Doc. No. 11040531.
  • DOL FAQs on Job Contractors Filing Requirements(270 KB - 4/5/2011)
    DOL FAQs to assist job contractor employers and their clients with applying for H-2B labor certifications following the U.S. District Court for the Eastern District of Pennsylvania decision in CATA v. Solis. AILA Doc. No. 11040530.
    AILA Doc. No. 11040530.
  • New DHS/DOL MOU Concerning Worksite Enforcement Activities(2722 KB - 4/1/2011)
    A 3/31/11 memorandum of understanding (MOU) between DOL and DHS which specifies that ICE will not investigate worksites where DOL is conducting an investigation, or where there is an ongoing labor dispute, unless there is an independent, supervening cause. AILA Doc. No. 11040160.
    AILA Doc. No. 11040160.
  • OFLC Round 1 FAQs on the H-1B, H-1B1, and E-3 Programs(3645 KB - 2/18/2011)
    DOL OFLC Round 1 Frequently Asked Questions (FAQs) addressing the H-1B, H-1B1, and E-3 programs. For the purpose of these FAQs, “LCA” and “ETA Form 9035/9035E” are interchangeable. AILA Doc. No. 11021867.
    AILA Doc. No. 11021867.