[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Notices]
[Page 11954-11956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr08-104]
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DEPARTMENT OF LABOR
Employment and Training Administration
Non-Electronic Filing of Applications for Permanent and Temporary
Foreign Labor Certification
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice.
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SUMMARY: The Employment and Training Administration (ETA) announces
administrative changes in the locations where future non-electronic
applications must be filed under the permanent foreign labor
certification program and temporary foreign labor certification
programs administered by the ETA's Office of Foreign Labor
Certification (OFLC).
DATES: This Notice is effective on June 1, 2008. Beginning June 16,
2008, applications and attestations filed non-electronically with the
incorrect National Processing Center or the National OFLC will be
returned to the filer for proper submission.
ADDRESSES:
Atlanta NPC: U.S. Department of Labor, Employment and Training
Administration, Atlanta National Processing Center, Harris Tower, 233
Peachtree Street, NE., Suite 410, Atlanta, Georgia 30303, telephone:
(404) 893-0101, facsimile: (404) 893-4642, help desk e-mail:
plc.atlanta@dol.gov.
Chicago NPC: U.S. Department of Labor, Employment and Training
Administration, Chicago National Processing Center, 844 North Rush
Street, 12th Floor, Chicago, Illinois 60611, telephone: (312) 886-8000,
facsimile: (312) 353-3352, help desk e-mail: plc.chicago@dol.gov.
OFLC National Office: Temporary Programs Manager, Office of Foreign
Labor Certification, U.S. Department of Labor, 200 Constitution Avenue,
NW., Room C-4312, Washington, DC 20210, telephone: (202) 693-3010. The
above telephone and facsimile numbers are not toll-free.
FOR FURTHER INFORMATION CONTACT: William L. Carlson, PhD.,
Administrator, Office of Foreign Labor Certification, U.S. Department
of Labor, 200 Constitution Avenue, NW., Room C-4312, Washington, DC
20210, telephone: (202) 693-3010 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
The OFLC provides national leadership and policy guidance, and
develops regulations and administrative procedures to carry out the
responsibilities of the Secretary of Labor under the Immigration and
Nationality Act (INA) concerning foreign workers seeking admission to
the United States in order to work under the labor certification
programs authorized by the INA. In December 2004, OFLC opened two
National Processing Centers (NPCs), one each located in Atlanta and
Chicago, as part of a long-term strategy to streamline, re-engineer,
and centralize labor certification processes that historically were
fragmented, duplicative, lengthy, and unduly burdensome. These Centers
currently process labor certification applications filed by, or on
behalf of, employers seeking to employ foreign workers in the U.S.
under the permanent labor certification program and temporary
nonimmigrant H-2A and H-2B programs, including certain applications
which have required special handling. In addition, the National OFLC
receives and processes labor certification applications for certain
other classes of temporary nonimmigrant programs, such as those for D-1
crewmembers performing longshore work, emergency boilermakers,
professional athletes, and H-1C nurses in health professional shortage
areas. Employers file many of the forms and applications under such
programs with the Department of Labor electronically, but some forms
and applications continue to be filed non-electronically.
The purpose of this Notice is to update the filing instructions for
labor certification applications in the permanent and temporary labor
certification programs, in light of the Department's continuing efforts
to make its processing of applications as efficient and effective as is
appropriate. Further, this Notice announces the Department's decision
to centralize the processing of permanent applications in the Atlanta
NPC and the processing of temporary program applications in the Chicago
NPC. Labor certification applications filed by, or on behalf of,
employers in the following programs will be affected by this Notice:
[[Page 11955]]
A. Immigrant Program
Permanent Labor Certification Program
Certain employment-based immigrant programs provide a means for
employers to employ foreign nationals to work permanently in the United
States. Before filing an immigrant petition with the Department of
Homeland Security (DHS) to sponsor a foreign worker for employment in
certain employment-based immigrant visa categories, employers must
first apply with the Secretary of Labor for a certification that: (1)
There are not sufficient U.S. workers who are able, willing, qualified,
and available to perform the work and (2) employment of the foreign
worker will not adversely affect the wages and working conditions of
similarly employed U.S. workers. 8 U.S.C. 1182(a)(5)(A); 20 CFR part
656.
B. Nonimmigrant Programs
D-1 Temporary Program
The D-1 nonimmigrant program provides a means for U.S. employers to
import foreign nationals on a temporary basis as crewmembers to perform
longshore activities at U.S. ports, including locations in the State of
Alaska. Before filing a D-1 petition for nonimmigrant work with the
DHS, an employer must first file with the Secretary of Labor an
attestation as to certain criteria required of the employer and the job
opportunity. 8 U.S.C. 1101(a)(15)(D)(i) and 1288; 20 CFR part 655,
subparts F and G.
H-1B Temporary Program
The H-1B nonimmigrant program provides a means for U.S. employers
to import foreign nationals on a temporary basis to perform services in
a specialty occupation or as a fashion model. Before filing an H-1B
petition for a nonimmigrant worker with the DHS, an employer must first
file with the Secretary of Labor a labor condition application as to
certain criteria required of the employer and the job opportunity. 8
U.S.C. 1101(a)(15)(H)(i)(b) and 1182(n); 20 CFR part 655, subparts H
and I.
H-1B1 Temporary Program
The H-1B1 nonimmigrant program provides a means for U.S. employers
to import nationals of Chile and Singapore to perform services in a
specialty occupation. Before filing an H-1B1 petition for a
nonimmigrant worker with DHS, an employer must first file with the
Secretary of Labor an attestation as to certain criteria required of
the employer and the job opportunity. 8 U.S.C. 1101(a)(15)(H)(i)(b1)
and 1182(t); 20 CFR part 655, subparts H and I.
E-3 Temporary Program
The E-3 nonimmigrant program provides a means for U.S. employers to
import foreign nationals of Australia to perform services in a
specialty occupation. Before filing an E-3 petition for a nonimmigrant
worker with DHS, an employer must first file with the Secretary of
Labor an attestation as to certain criteria required of the employer
and the job opportunity. 8 U.S.C. 1101(a)(15)(E)(iii) and 1182(t); 20
CFR part 655, subparts H and I.
H-1C Temporary Program
The H-1C nonimmigrant program provides a means for certain
facilities to import foreign workers on a temporary basis to perform
services as registered nurses in health professional shortage areas.
Before filing an H-1C petition for a nonimmigrant worker with DHS, an
employer must first file with the Secretary of Labor an attestation as
to certain criteria required of the facility and the job opportunity. 8
U.S.C. 1101(a)(15)(H)(i)(c) and 1182(m); 20 CFR part 655, subparts L
and M.
H-2A Temporary Labor Certification Program
The H-2A nonimmigrant program provides a means for U.S. employers
to employ foreign workers on a temporary or seasonal basis to perform
agricultural labor or services of a temporary or seasonal nature.
Before filing an H-2A petition for a nonimmigrant worker with DHS, an
employer must first apply with the Secretary of Labor for a
certification that: (1) There are not sufficient U.S. workers who are
able, willing, qualified, and available to perform the labor or
services; and (2) employment of the foreign worker will not adversely
affect the wages and working conditions of similarly employed U.S.
workers. 8 U.S.C. 1101(a)(15)(H)(ii)(a) and 1188; 20 CFR part 655,
subpart B; see also 29 CFR part 501.
H-2B Temporary Labor Certification Program
The H-2B nonimmigrant program provides a means for U.S. employers
to employ foreign workers on a temporary basis to perform non-
agricultural services or labor, if unemployed U.S. workers are
unavailable. Before filing an H-2B petition for nonimmigrant worker
with DHS, an employer (other than in Guam) must first apply with the
Secretary of Labor or the Governor of Guam for a certification that:
(1) U.S. workers capable of performing the temporary labor or services
are not available; and (2) employment of the foreign worker will not
adversely affect the wages and working conditions of similarly employed
U.S. workers. 8 U.S.C. 1101(a)(15)(H)(ii)(b) and 1184(c)(1); and 20 CFR
part 655, subparts A and C; see also 8 CFR 214.2(h)(6).
II. Administrative Changes to Filing Locations
The Department is announcing administrative changes in the
locations where future applications must be filed under the permanent
labor certification program and certain temporary foreign labor
certification programs administered by the OFLC. The Atlanta NPC will
receive all applications for permanent labor certification under the
Program Electronic Review Management (PERM) System, and the Chicago NPC
will receive all applications for temporary labor certification under
the programs as identified below. Beginning on the effective date of
this Notice, the National OFLC will no longer receive any foreign labor
certification applications. Centralizing the filing of labor
certification applications and specializing each NPC will increase
operational efficiencies in each program, improve customer service that
reduces confusion with respect to where permanent and temporary labor
certification applications should be filed, enhance efforts to combat
fraud and abuse within and across each program, and promote greater
consistency and uniformity in the adjudication of labor certification
applications.
For the first 15 calendar days after the effective date of this
Notice, applications and attestations filed with the incorrect NPC or
OFLC National Office will be forwarded to the correct NPC. However,
beginning Monday, June 16, 2008, applications and attestations filed
with the incorrect NPC or OFLC National Office will be returned to the
filer for proper filing.
A. Application Filings With the Atlanta NPC
Permanent Labor Certification Program
General: The Department strongly encourages employers to file PERM
applications using the Permanent Online System at http://
www.plc.doleta.gov. Effective June 1, 2008, employers who do not wish
to file online must mail their PERM applications directly to the
Atlanta NPC.
Professional Athletes: There are special procedures for the
permanent employment of immigrant professional athletes. Effective June
1, 2008, employers must file PERM applications under the special
procedures for professional athletes directly with the Atlanta NPC.
[[Page 11956]]
B. Application Filings With the Chicago NPC
1. D-1 Temporary Program
General: Effective June 1, 2008, employers must file Attestations
for D-1 Nonimmigrant Crewmembers performing longshore activities
directly with the Chicago NPC.
2. H-1B, H-1B1, and E-3 Temporary Nonimmigrant Programs
General: Except as authorized below, employers must continue to
file H-1B, H-1B1, and E-3 Labor Condition Applications (LCAs) using the
LCA Online System at http://www.lca.doleta.gov. Effective June 1, 2008,
employers with physical disabilities authorized by the OFLC National
Office to file LCAs using U.S. mail must file directly with the Chicago
NPC.
3. H-1C Temporary Program
General: Effective June 1, 2008, employers must file Attestations
for H-1C Nonimmigrant Nurses directly with the Chicago NPC.
4. H-2A Temporary Labor Certification Program
General: Effective June 1, 2008, employers must file applications
for H-2A temporary labor certification concurrently with the Chicago
NPC and the State Workforce Agency (SWA) serving the area of intended
employment. If a fixed-site employer has one or more worksites in the
same area of intended employment, and the area of intended employment
lies in the jurisdiction of more than one SWA, the employer must file a
single application concurrently with the Chicago NPC and the SWA in the
State where the work will begin.
5. H-2B Temporary Labor Certification Program
General: Employers must continue to file applications for H-2B
temporary labor certification (including those filed for tree planting
and related reforestation activities) with the SWA serving the area of
intended employment. If an employer has one or more worksites in the
same area of intended employment (i.e., Metropolitan Statistical Area),
and the area of intended employment lies in the jurisdiction of more
than one SWA, the employer may file a single application with the SWA
in the State where the work will begin. However, for all applications
filed with the SWA on or after June 1, 2008, the SWA must send
completed applications to the Chicago NPC.
i. Logging: Employers must continue to file applications with their
respective SWAs for temporary labor certification for the logging
industry, i.e., Maine, New Hampshire, New York, or Vermont SWA.
However, for all applications filed with the SWA on or after June 1,
2008, the SWA must send the completed applications directly to the
Chicago NPC.
ii. Entertainers: Employers must continue to file applications for
H-2B temporary labor certification with the SWA Offices Specializing in
Entertainment (OSEs) in Austin, New York, or Sacramento. After
processing, the SWA OSE must continue to send all completed
applications to the Chicago NPC.
iii. Emergency boilermaker applications and professional athletes:
Effective June 1, 2008, employers must file applications for H-2B
temporary labor certification for emergency boilermakers and
professional athletes directly with the Chicago NPC.
III. Administrative Changes in Requesting Withdrawals
Beginning June 1, 2008, all requests for withdrawals of PERM
applications must be submitted to the Atlanta NPC. All requests for
withdrawals of LCAs, labor certifications for H-2A or H-2B, or H-1C
attestations that cannot be made electronically must be submitted to
the Chicago NPC.
Authority: Employment and Training Order No. 2-05, June 22,
2005; 70 FR 39386 (July 7, 2005).
Signed in Washington, DC, this 25th day of February, 2008.
Douglas F. Small,
Deputy Assistant Secretary, Employment and Training Administration.
[FR Doc. E8-4119 Filed 3-4-08; 8:45 am]
BILLING CODE 4510-FP-P