OFLC Provides Updates on H-2B Filings Under New FLAG System

DOL posted the following alerts on its website:

July 3, 2019. OFLC Announces Successful Launch of H-2B Electronic Filing in its New FLAG System for Employers Seeking H-2B Workers Starting Fiscal Year 2020.

The Department of Labor's (Department) Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders about implementation of its new Foreign Labor Application Gateway (FLAG) System for the H-2B program.

On July 3, 2019, OFLC, in collaboration with the Department's Office of the Chief Information Officer, successfully launched a new H-2B Electronic Filing Module within the FLAG System to support employers seeking temporary labor certification to employ H-2B workers starting on or after October 1, 2019. As of 3:00 P.M. Eastern Time today, OFLC has received approximately 326 H-2B applications covering more than 7,942 worker positions with no service interruptions. Additionally, the Department deactivated the ability to file H-2B applications in the legacy iCERT system as of midnight today.

The Department recognizes that technology is a key enabler for OFLC to deliver the highest quality customer service, and implementing the FLAG System will ensure our technology capabilities are modern, secure, and resilient. Following the temporary service interruptions of January 1, 2019, the FLAG System modernization effort for the H-2B program was initiated in late March 2019 with the goal to replace the legacy iCERT H-2B module and provide improved and streamlined external customer experience starting with the Fiscal Year (FY) 2020 visa allotment season. The Department is pleased to announce that it met this goal by developing and deploying this new modernized solution using cloud-based technology.

To support implementation of the FLAG System's H-2B Electronic Filing Module, OFLC delivered a series of public webinars and provided instructional videos in June 2019 to educate stakeholders on how to obtain and manage user accounts and prepare for submission of new H-2B applications forms beginning July 3, 2019. Finally, for stakeholders who may experience any technical issues, the FLAG System offers a new automated "ticketing system" so customers can more efficiently request assistance and receive a unique service ticket number to effectively track resolution of their request.

On July 8, 2019, the Department will randomly select for assignment and processing all cases received between July 3rd and July 5th for October 1, 2019, employment start dates for the first half of the FY 2020 H-2B statutory cap, fully implementing the Department's process change announcement of February 26, 2019, and efforts to provide a more equitable application process.

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July 1, 2019. OFLC Announces Electronic Filing of H-2B Applications and Prevailing Wage Requests in the FLAG System

The Office of Foreign Labor Certification (OFLC) reminds stakeholders of important changes for the electronic filing of the H-2B Application for Temporary Employment Certification form (Form ETA-9142B).

• On July 3, OFLC will begin accepting online submissions of the H-2B Application for Temporary Employment Certification (Form ETA-9142B) in the FLAG System.
• On July 2 at 11:59 p.m. Eastern Time, OFLC will no longer accept H-2B applications using the iCERT System.

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DOL posted the following alert on its website:

June 28, 2019. OFLC Announces Enhancements to the FLAG System for Prevailing Wage and H-2B Programs

On June 28th, 2019, the Office of Foreign Labor Certification (OFLC), in collaboration with the Department's Office of the Chief Information Officer, released the following enhancements and new features in the FLAG System for stakeholders preparing and submitting applications in the Prevailing Wage and H-2B Programs:

The Form ETA-9142B Appendix B form has been updated with the latest expiration date

Users will be able to pre-populate applications using Profiles created in the FLAG Account

• Form ETA-9141 (Prevailing Wage Application)
  • Pre-populate Section B, Requestor Point-of-Contact Information, using either an “Employer POC” or “Agent/Attorney Individual” profile
  • Pre-populate Section C, Employer Information, using an "Employer" Profile

• Form ETA-9142B (H-2B Application)
  • Pre-populate Section D, Employer Point-of-Contact Information, using an "Employer POC" profile
  • Pre-populate Section E, Attorney or Agent Information, using an "Agent/Attorney Individual" profile
  • Pre-populate Appendix C, Foreign Labor Recruitment Information, using a "Foreign Labor Recruiter" profile

Users will be able to take certain actions on Prevailing Wage and H-2B applications while under review by OFLC

• Form ETA-9141 (Prevailing Wage Application)
  • Withdraw a pending application in the "In Process" status
  • Withdraw a pending application in the "RFI Issued" status

• Form ETA-9142B (H-2B Application)
  • Withdraw a pending application in the "In Process" status
  • Withdraw a pending application in the "NOD Issued" status
  • Upload additional or "ad hoc" documents where the pending application is in the "In Process" status
  • Upload documents in response to a Notice of Deficiency (NOD) where the pending application is in the "NOD Issued" status

• Form ETA-9142C (CW-1 Application)
  • Upload documents in response to a NOD where the pending application is in the "NOD Issued" status

Users will be able to view a case details page on applications submitted for processing as well as applications issued final decisions (i.e., located in the Historical tab of the FLAG Account) for the CW-1 (Form ETA-9142C), Prevailing Wage (Form ETA-9141), and H-2B (Form ETA-9142B) programs

Cite as AILA Doc. No. 19060705.