DOL Foreign Labor Application Gateway (FLAG) System Updates

The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders that the iCERT System Labor Certification Registry, which provides public access to labor certification decisions in the PERM, LCA, H-2A, and H-2B visa programs, will be decommissioned.

Effective February 28, 2020, members of the public interested in obtaining data on labor certification decisions will still be able to access it within the Disclosure Data section of the OFLC Performance data page. This page provides the latest quarterly and annual disclosure data in easily accessible formats for public review and use. With the decommissioning of the iCERT System Labor Certification Registry, OFLC will be significantly expanding the scope of labor certification decision data available to the public through the Disclosure Data section in February 2020.

Members of the public interested in obtaining copies of labor certification records or other information maintained by OFLC may also request access under the Freedom of Information Act (FOIA). For more information on how to submit a FOIA request, please visit the Department of Labor's FOIA webpage.

As part of the Department's technology modernization initiative, the Foreign Labor Application Gateway (FLAG) System was developed to replace the legacy iCERT System, improve customer service, and modernize the administration of foreign labor certification programs.

The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders that the iCERT System continues to be accessible, but will transition to a read-only mode as the Department initiates full decommissioning of the legacy system.

Effective February 28, 2020, iCERT System account users will no longer be able to take any actions on their applications (e.g., delete initiated applications, request redeterminations, request center director reviews, withdraw applications, and upload supporting documents) within the respective Prevailing Wage, LCA, H-2A, or H-2B program areas of the legacy iCERT System. However, iCERT System account users will retain the ability to access their accounts and view, download, or copy information related to their applications after the iCERT System is placed in a read-only mode.

Beginning February 28, 2020, iCERT System account users who need to request a specific case action on an application available in the iCERT System should contact the relevant OFLC program helpdesk for review and appropriate action.

The Office of Foreign Labor Certification (OFLC) today implemented technical fixes and new enhancements to the Foreign Labor Application Gateway (FLAG) System related to the submission of applications. These enhancements are intended to improve customer service and increase the quality of applications submitted for processing, and includes, but is not limited to, the following:

H-2B Program

• Users preparing Form ETA-9142B will see improvements to the display of responses entered in field F.b.11 on both the "Review" page and read-only view of the application in Adobe PDF. This is a resolution to the technical FAQ published on 12/20/2019.
• Users preparing Form ETA-9142B will see improvements to saving initiated applications that have data entered into Appendix C, Foreign Labor Recruiter Information. This is a resolution to the technical FAQ published on 12/20/2019.
• Users linking Form ETA-9141 to Form ETA-9142B will see improvements to searching for available Prevailing Wage applications within an account/network.
• Users will begin receiving courtesy email notifications after the submission of responses to a Notice of Deficiency, uploading a Recruitment Report, and uploading any ad hoc documentation supporting the application.

H-2A Program

• Users preparing a Form ETA-790/790A will receive a warning message if more than one signature file is uploaded.
• Users preparing a Form ETA-790/790A for a job opportunity covering the herding or production of livestock on the range will receive a warning message when the monthly wage entered is less than the current monthly Adverse Effect Wage Rate.
• Users will begin receiving courtesy email notifications after the submission of responses to a Notice of Deficiency or Notice of Required Modification, uploading a Recruitment Report, and uploading any ad hoc documentation supporting the application.

LCA Programs (H-1B, H-1B1, E-3)

• Users preparing Form ETA-9035 with the H-1B visa classification will be able to review the Additional Employer Labor Condition Statements from the Section H and on the "Review & Submit" page.
• Users preparing Form ETA-9035 will see additional ACWIA SOC codes available for selection in Section B.

Prevailing Wage Program

• Users preparing Form ETA-9141 will see improvements to saving and editing the Additional Worksites section of the application. This is a resolution to the technical FAQ published on 12/20/2019.
• Users preparing Form ETA-9141 will see improvements to their Initiated Cases queue that displays the Job Title entered on the application.

The Office of Foreign Labor Certification has completed the randomization process to randomly assign all H-2B applications submitted during the initial three-day filing window, January 2-4, 2020, requesting an April 1, 2020, work start date for the second half of the Fiscal Year 2020 H-2B statutory visa cap.

OFLC received a total of 5,677 H-2B applications requesting 99,362 worker positions during this filing period.

OFLC will be providing written notification to employers (and the employer's authorized attorney or agent) with their H-2B Assignment Group. On January 8, 2020, OFLC will also publish on its website the list of the H-2B applications assigned to each Assignment Group.

During the first two days of the H-2B peak filing season, employers filed 5,509 applications in the Foreign Labor Application Gateway System requesting more than 96,319 worker positions with an April 1, 2020, or later, work start date.

The Office of Foreign Labor Certification (OFLC) will continue to accept H-2B applications during the three-day filing window, and plans to randomize all applications submitted on January 6, 2020. OFLC will use the randomization procedures published in the Federal Register on March 4, 2019, to randomize H-2B applications.

During the first 24 hours of the H-2B peak filing season, employers filed 4,930 applications in the Foreign Labor Application Gateway System requesting more than 87,298 worker positions with an April 1, 2020, or later, work start date.

The Office of Foreign Labor Certification (OFLC) will continue to accept H-2B applications during the three-day filing window, and plans to randomize all applications submitted on January 6, 2020. OFLC will use the using the randomization procedures published in the Federal Register on March 4, 2019, to randomize H-2B applications.

The Office of Foreign Labor Certification (OFLC) has posted a set of frequently asked questions (FAQs) to address stakeholder questions concerning whether the U.S. Department of Homeland Security's United States Citizenship and Immigration Services (USCIS) is accepting additional petitions for H-2B workers under the first half of fiscal year 2020 statutory limit, and the procedures employers can use to return a temporary labor certification issued by OFLC that they no longer need.

• View the FAQs

At approximately 3:30 PM ET, January 2, 2020, and to minimize any risk associated with application code changes during the peak filing period, the FLAG Technical Team removed the Randomization Information banner from the FLAG account user’s Cases Details page, which previously displayed the erroneous phrase “Group A (July 4, 2019)” for every submitted application. If you are not able to see this change, please press ctrl + F5 on your keyboard to do a hard reload of the Cases Detail page. Alternatively, you can follow several simple steps contained in this August 2019 technology article to clear the cache of the browser you are using.

In accordance with the randomization procedures published in the Federal Register on March 4, 2019, the FLAG System will continue to provide written notifications via electronic mail to employers and if applicable, employers' authorized representatives of their H-2B Assignment Group shortly after the randomization process is completed on January 6, 2020. Within five business days after the randomization process is completed, OFLC will also place on its public website a full listing of the H-2B applications assigned to each H-2B Assignment Group.

For users submitting H-2B applications beginning January 2, please be advised that the FLAG system is affixing the phrase “Group A (July 4, 2019)” in the Case Details Page of every submitted application. The FLAG Technical Team has investigated the issue and this is an erroneous message.

No randomization of H-2B applications submitted containing an April 1, 2020, start date of work has occurred or will occur before January 6, 2020. OFLC will randomly order for processing all H-2B applications requesting a work start date of April 1, 2020, that are filed during the initial three calendar days (January 2-4, 2020) on January 6, 2020.

In collaboration with the Department's Office of the Chief Information Officer, the Office of Foreign Labor Certification (OFLC) published a set of technical frequently asked questions (FAQs) addressing several technical issues with the Foreign Labor Application Gateway (FLAG) System. These FAQs provide FLAG users with helpful tips and practices for preparing and submitting H-2B applications (Form ETA-9142B and appendices).

• View the FLAG System Technical FAQs and Filing Tips

The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting work start dates of April 1, 2020, or later, will open on January 2, 2020, at 12:00 a.m. Eastern Time.

Following OFLC's standard operating procedures, H-2B applications requesting an April 1, 2020, work start date will be denied if they are filed before January 2, 2020, at 12:00 a.m. Eastern Time.

OFLC will randomly order for processing all H-2B applications requesting a work start date of April 1, 2020, that are filed during the initial three calendar days (January 2-4, 2020) using the randomization procedures published in the Federal Register on March 4, 2019.

IMPORTANT REMINDER: Employers are reminded that Foreign Labor Application Gateway (FLAG) System user accounts are solely for the use of the individual for whom they were created. Sharing the same user account is forbidden and is grounds for terminating FLAG access. Passwords or any other authentication mechanism should never be shared or stored in any place easily accessible. If stored, a password may not be stored in a clear-text or readable format.

On December 11, 2019, the Office of Foreign Labor Certification released new features and enhancements to the Foreign Labor Application Gateway System.

• Customers will be able to review the Employer Labor Condition Statements from the Form ETA-9035 “Review & Submit” page
• Customers will be able to access the “Review” and “Submit” pages separately within the Form ETA-9142B application
• Customers will receive more accurate feedback on overtime values in Form ETA-9142B
• Customer invoices will more accurately reflect the amount owed based on the employer type, number of employers and total workers specified in Form ETA-790/790A and Form ETA-9142A
• Customers filing Form ETA-790/790A job orders will receive courtesy email notifications when a state workforce agency has decided on the job. Notifications will be sent to the business and additional email addresses listed in Form ETA-790/790A.
• Customers will receive an immediate notification when a document uploaded to a case or case action failed to be saved in FLAG
• Customers will see changes to their Submitted cases table where cases which are awaiting a case number are listed separately from those which have already been assigned a case number
Customers will see improvements to case loading performance in each of the tabs in the Cases table as well as in the Prevailing Wage and Job Order linking selection screens

On December 11, 2019, the Office of Foreign Labor Certification (OFLC) conducted a webinar to update stakeholders on the process for filing H-2B applications requesting a work start date of April 1, 2020, or later.

This webinar also provided best practices and helpful tips for preparing and submitting H-2B Applications for Temporary Employment Certification (Form ETA-9142B and appendices) using the Foreign Labor Application Gateway System. The presentation materials are now available on the H-2B Temporary Non-Agriculture Program page of the OFLC website and at the hyperlink below.

• H-2B FY 2020 Best Practices Presentation

IMPORTANT REMINDER: Employers are reminded that they should file only one application for the same job opportunity. With limited exception, under 20 CFR 655.15(f) only one Application for Temporary Employment Certification (Form ETA-9142B and appendices) may be filed for worksite(s) within one area of intended employment for each job opportunity with an employer for each period of employment.

OFLC will review and process only the application that is filed first, according to its timestamp. If OFLC identifies multiple applications that appear to have been filed for the same job opportunity, OFLC will consider the first application filed in timestamp order - irrespective of randomization group assignments - as the official application submitted by (or on behalf of) the employer. OFLC will issue a Notice of Deficiency on the first application reviewed (i.e., the application that is randomized closest to the top of the processing order) to require the employer to establish a bona fide need for all potentially duplicative applications. Employers that fail to establish a bona fide need for each of the applications will receive a non-acceptance denial for each application identified as a duplicate and received after the application that was filed first. Any necessary corrections or amendments should be made to the first application filed. For further information on requesting a correction or amendment of an H-2B application before a final determination is issued, please refer to H-2B Frequently Asked Questions Round 11.

As part of the Department's technology modernization initiative, the Foreign Labor Application Gateway (FLAG) System and SeasonalJobs.dol.gov were developed to replace the legacy iCERT System, improve customer service, and modernize the administration of foreign labor certification programs.

The Office of Foreign Labor Certification is making this public service announcement to alert employers and other interested stakeholders that the Public Job Registry, which is a repository of temporary and seasonal jobs maintained through the iCERT System, will be decommissioned and transitioned to SeasonalJobs.dol.gov.

Beginning on December 27, 2019, members of the general public interested in obtaining information on temporary and seasonal jobs approved under the H-2A and H-2B visa programs will be redirected to SeasonalJobs.dol.gov.

Initially launched in December 2018, SeasonalJobs.dol.gov is a mobile-friendly online portal that is designed to help Americans identify and apply for open seasonal and temporary jobs. In addition to providing more robust and personalized search capabilities that tailor results to the geographic location of American job seekers, this site makes it easier to integrate employment postings with third-party job search websites to make these job opportunities more accessible to job seekers.

On November 1, 2019, the Office of Foreign Labor Certification (OFLC) released new features and enhancements for the Foreign Labor Application Gateway (FLAG) System regarding the ability for users to take actions on submitted applications for the Prevailing Wage, H-2A and LCA (H-1B, H-1B1, E-3) programs.

Customers will be able to take certain actions on pending Prevailing Wage, H-2A and LCA applications under review by OFLC

• Form ETA-9141 (Application for Prevailing Wage Determination)
  • Request Redetermination for LCA (H-1B, H-1B1, E-3) and PERM prevailing wage applications in the “Determination Issued” status within 30 calendar days from the determination date
  • Request Center Director Review for H-2B prevailing wage applications in the “Determination Issued” status within 7 business days from the determination date
  • Request Center Director Review for LCA (H-1B, H-1B1, E-3) and PERM prevailing wage applications in the “Redetermination Affirmed” or “Redetermination Modified” statuses within 30 calendar days of the redetermination date
• Form ETA-9142A (H-2A Application for Temporary Employment Certification)
  • Request Appeal for applications in the “NOD Issued" status within 5 business days
  • Request Appeal for applications in the “Denied” status within 7 calendar days
  • Request Appeal for applications in the “Partial Certification" status within 7 calendar days
  • Upload an additional document for applications in the “In Process” status
  • Upload an additional document for applications in the “Accepted – Pending Recruitment” status
  • Upload an additional document for applications in the “NOD Issued” status
  • Upload an additional document for applications in the “NRM Issued” status
• Form ETA-9035 (Labor Condition Application for Nonimmigrant Workers)
  • Withdraw pending applications in the “In Process” status
  • Withdraw pending applications in the “Certified” status

On October 1, 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 Foreign Labor Application Gateway (FLAG) System for preparing and submitting applications in the H-2A and LCA (H-1B, H-1B1, E-3) programs:

Customers will be able to take certain actions on H-2A applications while under review by OFLC

• Form ETA-790/790A (H-2A Agricultural Clearance Order)
  
  • Withdraw a pending application in the "In Process" status
  • Withdraw a pending application in the "NOD Issued" status
  • Withdraw an application in the "Denied" status
  • Withdraw an application in the "Approved" status
• Form ETA-9142A (H-2A Application for Temporary Employment Certification)
  
  • Withdraw a pending application in the "In Process" status
  • Withdraw a pending application in the "NOD Issued" status
  • Withdraw a pending application in the "Accepted - Pending Recruitment" status
  • Upload a recruitment report document where the pending application is in the "Accepted - Pending Recruitment" status
  • Upload a Notice of Deficiency (NOD) response document where the pending application in the "NOD Issued" status
  • Upload a Notice of Required Modification (NRM) response document where the pending application in the "NRM Issued" status

Customers will be able to use a wage calculator tool to assist in auto-calculating prevailing wages based on the Occupational Employment Statistics Wage Survey Program during the preparation of the Form ETA-9035 for LCA programs.

As part of the Department's technology modernization initiative, the FLAG System has been developed to replace the legacy iCERT System, improve customer service, and modernize the administration of foreign labor certification programs through the Employment and Training Administration's Office of Foreign Labor Certification (OFLC).

OFLC is making this public service announcement to alert employers and other interested stakeholders about implementation of its new FLAG System for the Labor Condition Application (LCA) programs covering the H-1B, H-1B1, and E-3 visa classifications.

Electronic Filing of Form ETA-9035E, Labor Condition Application for Nonimmigrant Workers

• Beginning September 16, 2019, the FLAG System's LCA Program Module will be enabled and stakeholders will be able to begin preparing H-1B, H-1B1, and E-3 applications using the Form ETA-9035E. However, the FLAG System will not permit the submission of LCA applications until 12:00 pm (ET) on October 1, 2019.
• OFLC will continue to accept online submissions of the Form ETA-9035E through the iCERT System until 11:59 am (ET) on October 1, 2019. The ability to submit LCA applications using the iCERT System will be deactivated at 12:00 pm (ET) on that date.
• OFLC will process all LCA applications submitted through the iCERT System, and stakeholders will be able to access their iCERT System accounts to check the status of applications submitted through the iCERT System.

Technical Assistance Materials & Instructional Webinar

OFLC has created instructional videos to help educate the stakeholder community on how to create and manage a FLAG System account and prepare the Form ETA-9035E. To obtain more information and view these instructional videos, please visit the LCA Program page on the FLAG System. The new videos will be posted no later than Friday, September 13, 2019.

The Office of Foreign Labor Certification (OFLC) announced changes to the forms and the online filing process for the H-2A temporary agricultural program.

On August 22, 2019, the Office of Management and Budget (OMB) approved revisions for form ETA-9142A, Application for Temporary Employment Certification, and Appendix A, H-2A Assurances and Obligations. This approved package includes a newly designed form ETA-790/790A, H-2A Agricultural Clearance Order, to collect information about the employer’s agricultural job opportunity in an electronically fillable and fileable format, reducing the need for employers to submit "paper-based" job orders to State Workforce Agencies (SWAs).

OMB also approved form ETA-9142A, Final Determination: H-2A Temporary Labor Certification Approval, which allows OFLC to begin issuing H-2A temporary labor certification approvals electronically to employers and, if applicable, their authorized attorneys or agents.

The following schedule outlines when the new and updated forms will be used, as well as the migration from the iCERT to FLAG System.

Electronic Filing Schedule for New H-2A Application Forms

Beginning September 4, 2019 (at 12:00 p.m. Eastern Time):

• The FLAG System's H-2A Program Module will be enabled and stakeholders will be able to begin preparing job orders using the Form ETA-790/790A and applications using the Form ETA-9142A. However, the FLAG System will not permit the submission of H-2A job orders and applications until October 1, 2019, at 12:00 p.m. Eastern Time.
• OFLC will continue to accept online submissions of the current Form ETA-9142A (and job orders uploaded using the current Form ETA-790, Agricultural and Food Processing Clearance Order) through the iCERT System until October 16, 2019, at 11:59 a.m. Eastern Time. The ability to submit H-2A applications using the iCERT System will be deactivated on October 16, 2019, at 12:00 p.m. Eastern Time.
• OFLC will continue to process all H-2A applications and job orders submitted through the iCERT System, and stakeholders will be able to access their iCERT System accounts to check the status of applications submitted through the iCERT System.

Transition Schedule for Submitting H-2A Applications in the iCERT and FLAG Systems

Beginning on October 1, 2019 (at 12:00 p.m. Eastern Time):

• An employer seeking to file an emergency application, as set forth under 20 CFR 655.134, OR to employ H-2A workers to perform herding or production of livestock on the range, as defined in 20 CFR 655.201, must submit a job order using the new form ETA-790/790A (and corresponding addendums) and an H-2A application using the new form ETA-9142A (and corresponding appendices) in the FLAG System.
• All other employers seeking to employ H-2A workers with an expected start date of need on and after December 15, 2019, must submit a job order to the SWA using the new form ETA-790/790A (and corresponding addendums) and an H-2A application using the new form ETA-9142A (and corresponding appendices) in the FLAG System.
• An employer who initiated the H-2A application process before October 1, 2019, and has a pending job order with the SWA using the current form ETA-790, Agricultural and Food Processing Clearance Order, containing an expected start date of need on or before December 14, 2019, must file an H-2A application with the using the current form ETA-9142A in the iCERT System.

Beginning on October 16, 2019 (at 12:00 p.m. Eastern Time):

• OFLC will return - without further review - H-2A applications and job orders submitted in the iCERT System using the current versions of the form ETA-9142A and form ETA-790.
• OFLC will continue to accept H-2A applications and job order in the iCERT system using the current forms through October 16, 2019, at 11:59 a.m. Eastern Time for an employer seeking to employ H-2A workers with an expected start date of before December 15, 2019.

Technical Assistance Materials and Instructional Webinar

OFLC has created instructional videos to help educate the stakeholder community on how to create and manage a FLAG System account and prepare the new H-2A application forms. To obtain more information and view these instructional videos, please visit the H-2A Program page on the FLAG System. The new videos will be posted no later than September 6, 2019.

On July 12th, 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 CW-1 and H-2B Programs:

Users will be able to take certain actions on CW-1 and H-2B applications while under review by OFLC

Form ETA-9142B (H-2B Application)

• Upload recruitment report documentation where the pending application is in the "Accepted - Pending Recruitment" status

Form ETA-9142C (CW-1 Application)

• Withdraw a pending application in the "In Process" status
• Withdraw a pending application in the "NOD Issued" status
• Withdraw a pending application in the "Accepted - Pending Recruitment" status
• Upload additional or "ad hoc" documents where the pending application is in the "In Process" status
• Upload additional or "ad hoc" documents where the pending application is in the "NOD Issued" status
• Upload additional or "ad hoc" documents where the pending application is in the "Accepted - Pending Recruitment" status
• Upload additional or "ad hoc" documents where the pending application is in the "Partial Certification" status
• Upload recruitment report documentation where the pending application is in the "Accepted - Pending Recruitment" status

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.

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.

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

The Office of Foreign Labor Certification (OFLC) has received OMB approval for revisions to the H-2B Application for Temporary Employment Certification (Form ETA-9142B) and corresponding appendices, and related forms and instructions. These revisions will better align information collection requirements with the Department’s regulations, provide greater clarity to employers on regulatory requirements, standardize and streamline information collection to reduce employer time and burden preparing applications, and promote greater efficiency and transparency in OFLC’s review and issuance of labor certification decisions under the H-2B program. This new form must be used for all new H-2B applications beginning July 3, 2019. To obtain a copy of the new H-2B application form and its instructions, please click here.

Transition Schedule for Submitting the New H-2B Application Forms

• Beginning July 3, 2019, OFLC will only accept H-2B applications submitted using the new Form ETA-9142B (i.e., forms containing an expiration date of May 31, 2022).
• Beginning July 3, 2019, OFLC will reject – without further review – H-2B applications submitted using the current version of Form ETA-9142B (i.e., forms containing an expiration date of May 31, 2019). OFLC will continue to accept H-2B applications using this form through 11:59 p.m. Eastern Time on July 2, 2019.

Electronic Filing of the New H-2B Application Forms in the FLAG System

• Beginning June 13, 2019, the FLAG System’s H-2B Program Module will be enabled and stakeholders will be able to begin preparing H-2B applications using the new Form ETA-9142B and corresponding appendices. However, the FLAG System will not permit the submission of H-2B applications using the new forms until July 3, 2019.
• OFLC will continue to accept online submissions of the current Form ETA-9142B through the iCERT System until 11:59 p.m. Eastern Time on July 2, 2019. The ability to submit H-2B applications using the iCERT System will be deactivated at this time.
• OFLC will process H-2B applications submitted through the iCERT System prior to July 3, 2019. Stakeholders will be able to access their iCERT System accounts to check the status of applications made through the iCERT System.
• Beginning July 3, 2019, all H-2B applications will be assigned for review in accordance with the procedures announced by the Department on February 26, 2019.

Technical Assistance Materials & Webinars

OFLC has created instructional videos to help educate the stakeholder community on how to create and manage a FLAG System account and prepare the Form ETA-9142B and corresponding appendices. To obtain more information and view these instructional videos, please visit the H-2B Program page on the FLAG System at https://flag.dol.gov. The new videos will be posted on June 7, 2019.

As part of the Department's technology modernization initiative, the FLAG System is being developed to improve customer service and modernize the administration of foreign labor certification programs through the Employment and Training Administration's Office of Foreign Labor Certification (OFLC). 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.

FLAG System Implementation: Form ETA-9141

• Beginning Monday, June 10, 2019, OFLC will accept online submissions of the Application for Prevailing Wage Determination (Form ETA-9141) in the FLAG System covering all visa programs.
• Beginning June 10, 2019, the capability to submit the Form ETA-9141 using the iCERT System will be deactivated. OFLC will continue to accept online submissions of the Form ETA-9141 through the iCERT System until 11:59 p.m. Eastern Time, Sunday, June 9, 2019.

IMPORTANT REMINDER: OFLC's National Prevailing Wage Center (NPWC) will process all Form ETA-9141s submitted through the iCERT System before 12:00 a.m. Eastern Time, Monday, June 10, 2019, and stakeholders will still be able to access their iCERT System accounts to check the status of their applications and obtain prevailing wage determinations.

Technical Assistance Materials

OFLC has developed a series of instructional videos to help educate the stakeholder community on how to create and manage a FLAG System account and content to prepare the Form ETA-9141 for submission to the NPWC. To obtain more information and view these instructional videos, please visit the Prevailing Wage Program page on the FLAG System at https://flag.dol.gov/. New videos will be posted Friday, June 7, 2019.

Publication of CW-1 IFR: On April 1, 2019, the Office of the Federal Register published the Department's IFR, as required by the Northern Mariana Islands U.S. Workforce Act of 2018 (Pub. L. 115-218). To read the full text of the CW-1 IFR in the Federal Register, please click here. The CW-1 IFR will become effective on April 4, 2019, at 12:00 a.m. Eastern Time.

Application Forms to Implement the CW-1 IFR: The Office of Management and Budget (OMB) has authorized use of the Forms ETA-9141C, Application for Prevailing Wage Determination and ETA-9142C, Application for Temporary Employment Certification, and the accompanying general instructions to support implementation of the CW-1 IFR. To obtain a copy of the application forms, please visit the Form and Instructions section of the OFLC website here.

Implementation of CW-1 Electronic Filing Module: As required by the CW-1 IFR and except for employers that lack adequate access to electronic filing, either due to lack of internet access or physical disability, employers must use OFLC's Foreign Labor Application Gateway (FLAG) System to file the OMB-approved application forms. Employers are required to submit the Form ETA-9141C and obtain a valid Prevailing Wage Determination (PWD) before filing the Form ETA-9142C requesting temporary labor certification.

At 3:00 p.m. Eastern Time on April 1, 2019, OFLC's FLAG System will permit employers and their authorized attorneys or agents to begin preparing requests for PWDs in advance of the CW-1 IFR's effective date. However, employers will not be able to submit requests for PWDs until the CW-1 IFR becomes effective on April 4, 2019, at 12:00 a.m. Eastern Time. To access OFLC's FLAG System, please click here.