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OFLC Updates Prevailing Wage Data
July 4, 2016
The Office of Foreign Labor Certification (OFLC) has uploaded the new prevailing wage data. The new prevailing wage data from the Occupational Employment Survey, as generated by the Bureau of Labor Statistics for the year July 2016 to June 2017, will be effective from July 1, 2016.
DOL Issues Final Rule Delaying 2011 H-2B Wage Rule
September 03, 2013
The Department of Labor (DOL) has published a final rule to delay indefinitely the effective date of the Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program final rule (2011 Wage Rule). DOL has informed that this final rule, delaying indefinitely the effective date of 2011 Wage Rule, has been published in order to comply with recurrent legislation that prohibits DOL from using any funds to implement the 2011 Wage Rule. This final rule, however, does not affect the H-2B wage interim final rule published on April 24, 2013, which establishes the current prevailing wage methodology for the H-2B program, and that rule remains in effect.
H-2B Wage Methodology Interim Final Rule Published
April 25, 2013
On April 24, 2013 DOL and DHS published a joint Interim Final Rule that revises the prevailing wage methodology used by DOL to calculate certain prevailing wages paid to H-2B workers and U.S. workers recruited in connection with an H-2B Application for Temporary Employment Certification. The new Interim Final Rule eliminates the use of four-tier wage rates based on OES survey and replaces them with the OES arithmetic mean. The new Wage Methodology also applies to employers who have already received a temporary employment certification and currently employ H-2B workers. H2B Employers will be responsible for providing wages that comply with the Interim Final Rule for all work performed on and after the date the employer receives a supplemental determination from DOL.
DOL announces H-2A and H-2B Electronic Filing Implementation
September 26, 2012
DOL has announced implementation of electronic filing in the H-2A and H-2B visa programs through the DOLs iCERT Visa Portal System. Electronic filing in the H-2B program will begin on October 15, 2012. Electronic filing in the H-2A program will begin on December 10, 2012.
DOL announcement on change in Chicago National Processing Center address
August 03, 2012
DOL has announced change in the address of the Chicago National Processing Center (CNPC). Applicants have been advised to, beginning August 2, 2012, direct their hard copy filings for the D-1, H-2A and H-2B programs to the CNPC's new addresses. DOL has reminded applicants to direct payments of H-2A labor certification fees to the new P.O. Box address, and has informed that CNPC move does not affect the electronic filing of LCAs, but any employer with permission to file by hard copy should direct its LCA filings to the new address above.
Company pays nearly $258,000 in back wages to 21 IT workers on H-1B
July 20, 2012
In a recent press release, the US Department of Labor (DOL) has informed that following an investigation by its Wage and Hour Division (WHD), a software development and IT staffing company in Montgomery has paid $257,635 in back wages to 21 nonimmigrant employees from India, hired under the H-1B visa program, for information technology jobs.
Technology Company to pay more than $740,000 in back wages for H-1B violations
June 22, 2012
DOLs Wage and Hour Division (WHD) has announced that following an investigation by the WHD that found violations of the H-1B visa program, Semafor Technologies LLC in Norcross, Georgia, has agreed to pay 73 employees $741,288 in back wages. DOL has reported that an investigation conducted by the WHDs Atlanta District Office determined that Semafor Technologies failed to pay 54 foreign H-1B guest workers for periods of time during which they were nonproductive because the company did not assign any work. Additionally, five workers were not reimbursed for various processing fees related to their employment, and 14 were not reimbursed for processing fees or paid for periods without assigned work.
DOL announces address change for Chicago NPC
June 21, 2012
The Department of Labor (DOL) has published a Notice in the Federal Register announcing a change in the location where applications for temporary labor certification programs will be filed and/or are being processed. DOL has announced an address change for the Chicago National Processing Center (NPC), effective August 2, 2012. The Chicago NPC is responsible for adjudicating all employer applications for temporary labor certification under the H1B, H1B1, E3, H2A, H2B, and D1 program. On and after August 2, 2012, all hard copy filings should be submitted to the new addresses.
OFLC Announces H-2B Ombudsman Program
May 23, 2012
The Office of Foreign Labor Certification (OFLC) has announced the expansion of the H-2A Ombudsman Program to include the H-2B Program community. Applicants can ask the H-2B Ombudsman's Program for help by submitting an inquiry or request through e-mail or by fax or through mail. There is no fee for using the H-2B Ombudsman Program. However, the H-2B Ombudsman Program authority is limited to assisting with problems or concerns directly related to the OFLCs administration of the H-2B Program. Further, OFLC has asked applicants to first try to resolve their issue or problem by contacting the Chicago National Processing Center (NPC) before contacting the H-2B Ombudsman Program for assistance.
2012 H-2B Final Rule: DOL issues new Guidance in Federal Register
May 17, 2012
The Department of Labor (DOL) has issued a new guidance in the Federal Register, providing notice of the judicial order enjoining it from implementing and enforcing the 2012 H2B Final Rule. In its recent Guidance, DOL has informed that employers must file H2B labor certification applications under the 2008 H2B Rule, using the procedures and forms associated with the 2008 H2B Rule.

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