Information Regarding the Transfer of Temporary Program Cases to the Atlanta and Chicago National Processing Centers, the Processing Locations for Foreign Labor Certification Applications Filed With State Workforce Agencies and the Department of Labor, and the Filing of Applications for Certification Under the E-3 Worker Visa Program, 41430-41438 [05-14120]
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DEPARTMENT OF LABOR
Employment and Training
Administration
Information Regarding the Transfer of
Temporary Program Cases to the
Atlanta and Chicago National
Processing Centers, the Processing
Locations for Foreign Labor
Certification Applications Filed With
State Workforce Agencies and the
Department of Labor, and the Filing of
Applications for Certification Under the
E–3 Worker Visa Program
Employment and Training
Administration (ETA), Department of
Labor.
ACTION: Notice.
AGENCY:
SUMMARY: The Employment and
Training Administration (ETA) of the
Department of Labor (Department or
DOL) is issuing this notice to clarify the
locations where applications may be
filed and are being processed,
respectively, for the permanent labor
certification and major temporary
foreign labor certification programs
administered by ETA’s Division of
Foreign Labor Certification; to clarify
key procedures within each program
that may be impacted by ETA’s
transition from region-based to centerbased review; and to provide initial
guidance for employers filing
applications for certification under the
new E–3 worker visa program for
Australian professionals seeking to
temporarily work in the United States.
Recent reforms in several of these
programs, as well as the streamlining
and centralization of operations and
filing procedures to better serve the
needs of stakeholders, have required
periodic changes to filing locations.
This notice describes and further
clarifies current filing requirements for
each major program. A chart attached to
this notice provides users with a
convenient, one-stop reference on
program-specific filing requirements.
This chart will be updated and
published in the Federal Register and
posted on DOL’s Web site.
DATES: Effective Date: This notice is
effective immediately.
FOR FURTHER INFORMATION CONTACT:
William Carlson, Chief, Division of
Foreign Labor Certification, U.S.
Department of Labor, Room C–4312, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone: 202–693–3010
(this is not a toll-free number).
SUPPLEMENTARY INFORMATION: To
enhance effectiveness and eliminate
undue burden on program users, the
Department has reformed its process to
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issue permanent labor certifications and
continues to review and strengthen its
various temporary labor certification
programs, primarily those leading to H–
1B, H–1B1, H–2B, and H–2A worker
visas. The Department’s long-term goal
is to streamline, automate, and
centralize operations and processes that
may have been duplicative, lengthy, or
unduly burdensome. Ongoing and
proposed changes are designed to
improve the efficiency and integrity of
each program.
The purpose of this notice is
threefold. First, the notice seeks to
update the filing instructions for
applications to the temporary labor
certification programs, in light of the
Department’s plans to transfer the
Federal processing responsibility related
to H–2A and H–2B program
applications, as well as applications
requiring special handling, to its
National Processing Centers located in
Atlanta and Chicago. Accordingly,
much of the information below related
to these applications is new.
Second, the notice seeks to present—
clearly, briefly, and in a single
document—basic filing instructions for
key labor certification programs,
including the permanent program. In
the context of significant changes to
labor certification operations and
activities, the Department believes
stakeholders would benefit from
summarized, organized guidance that
establishes a baseline for filings going
forward. In those cases in which
guidance is unchanged—notably, for the
permanent program—this notice restates
the instructions that have been provided
in recent guidance but, for clarity, refers
back to each of the notices originally
published. As an aid, this notice
attaches a chart, which the Department
will update as needed, for use as a onestop reference on filing requirements for
each of the programs listed below.
Third, the Department seeks to
provide initial guidance governing the
filing of applications for labor
certification under the E–3 worker visa
program.
H–1B and H–1B1 Temporary
Professional Workers
Application submission: Labor
Condition Applications filed under the
H–1B program, as well as the H–1B1
program created pursuant to legislation
implementing the United States-Chile
and United States-Singapore Free Trade
Agreements, may be filed electronically,
by U.S. Mail, or by facsimile. Employers
complete an electronic Labor Condition
Application (LCA) through DOL’s
Foreign Labor Certification LCA Online
System at https://www.lca.doleta.gov. In
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addition, employers nationwide may
mail or fax LCAs on ETA Form 9035 to
ETA’s Backlog Elimination Center in
Philadelphia, as follows:
ETA Backlog Elimination Center, P.O.
Box 13640, Philadelphia, Pennsylvania
19101; (800) 397–0478 (fax).
Employers wishing to withdraw a
Labor Condition Application may do so
by contacting the ETA National Office
as noted below. In addition, the
Department has proposed to require
electronic filing of H–1B/H–1B1
applications in most instances. See 70
FR 16774. A printable copy of the ETA
Form 9035 is available at https://
atlas.doleta.gov/foreign/
preh1BForm.asp. See 20 CFR part 655
subpart H, 69 FR 69412, and the
Department’s website, https://
www.doleta.gov/business/gw/guestwkr,
for additional details on H–1B and H–
1B1 filing requirements and use of this
form.
Seventh-year extensions: Employers
are asked to e-mail any and all inquiries
regarding seventh-year H–1B extensions
to the Backlog Elimination Center where
their permanent labor certification case
is pending. Inquiries may be submitted
to the Philadelphia Backlog Elimination
Center at h1b7yr@phi.dflc.us, and to the
Dallas Backlog Elimination Center at
h1b7yr@dal.dflc.us. Please see https://
atlas.doleta.gov/foreign/times.asp for a
display of the SWA case shipping
schedule and respective Center
locations.
H–2B Temporary Nonagricultural
Program
Application Submission: Employers
continue to file an ETA 750, Part A,
Application for Alien Employment
Certification with the State Workforce
Agency serving the area of intended
employment. State Workforce Agencies
will continue their traditional practice
of review and recruitment oversight.
Note: State Workforce Agencies (SWAs),
effective Monday, July 18, 2005, will send
processed H–2B applications to the
corresponding National Processing Center
instead of an ETA Regional Office or Backlog
Elimination Center. In other words, all H–2B
applications, once reviewed by the SWA,
will be sent to either the Atlanta or Chicago
National Processing Center. Current state
processing time requirements remain
unchanged.
State distribution: Each Center will
accept applications corresponding to the
areas of intended employment listed
below.
Atlanta National Processing Center:
Alabama, Connecticut, Delaware,
Florida, Georgia, Kentucky, Maine,
Maryland, Massachusetts, Mississippi,
New Hampshire, New Jersey, New York,
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North Carolina, Pennsylvania, Rhode
Island, South Carolina, Tennessee,
Vermont, Virginia, Washington DC,
West Virginia, Puerto Rico, or the Virgin
Islands.
U.S. Department of Labor,
Employment and Training
Administration, Atlanta National
Processing Center, Harris Tower, 233
Peachtree Street, NE., Suite 410,
Atlanta, Georgia 30303; Phone: (404)
893–0101; Fax: (404) 893–4642.
Chicago National Processing Center:
Alaska, Arizona, Arkansas, California,
Colorado, Hawaii, Idaho, Illinois,
Indiana, Iowa, Kansas, Louisiana,
Michigan, Minnesota, Missouri,
Montana, Nebraska, Nevada, New
Mexico, North Dakota, Ohio, Oklahoma,
Oregon, South Dakota, Texas, Utah,
Washington, Wisconsin, Wyoming, or
Guam.
U.S. Department of Labor,
Employment and Training
Administration, Chicago National
Processing Center, 844 North Rush
Street, 12th Floor, Chicago, Illinois
60611; Phone: (312) 886–8000; Fax:
(312) 886–1688.
This process does not apply to H–2B
applications for boilermakers,
entertainers, logging, and professional
team sports, which are treated
separately below.
Boilermakers and professional team
sports: The H–2B filing process for
professional team sport applications and
emergency applications for boilermakers
shall continue unchanged, i.e.,
employers will continue to submit these
applications to ETA’s National Office
for processing. Questions regarding
applications on these job classifications
may be addressed to:
Leticia Sierra, Manager, Temporary
Programs, U.S. Department of Labor,
Employment and Training
Administration, Division of Foreign
Labor Certification, 200 Constitution
Avenue, NW., Room C–4312,
Washington, DC 20210. (202) 693–3010
(this is not a toll-free number).
Entertainers: The Federal review
process for H–2B entertainers shall
change effective July 18, 2005.
Employers will continue to file
applications with state Offices
Specializing in Entertainment (OSEs) in
Austin, New York, and Sacramento.
However, rather than forward
applications to ETA Regional Offices in
New York, Dallas, and San Francisco,
these state offices will now send
applications to the Chicago Processing
Center for a determination, as noted
below:
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H–2B entertainers
previously sent to:
.
New York City Regional Office.
Dallas Regional Office.
San Francisco Regional Office.
Send to:
Chicago National
Processing Center.
Chicago National
Processing Center.
Chicago National
Processing Center.
Applications for the Logging Industry:
Employers and/or agents should
continue to submit applications to their
respective State Workforce Agencies,
i.e., Maine, New Hampshire, New York,
and Vermont. However, effective July
18, 2005, SWA staff must forward
processed applications to the Atlanta
National Processing Center rather than
to the ETA Boston Regional Office.
Processing time requirements remain
unchanged.
Previously sent to:
Boston Regional Office.
Send to:
Atlanta National Processing Center.
Inquiries (all H–2B applications):
Employers and/or agents having
questions regarding the status of their
H–2B application(s) should use the
contact information noted for the
Atlanta and Chicago National
Processing Centers.
H–2A Temporary Agricultural Program
Centralizing H–2A Federal Review:
State Workforce Agencies will continue
their current responsibilities with
respect to the receipt and processing of
H–2A applications. These
responsibilities include prevailing
wage/prevailing practice surveys,
recruitment of domestic workers, and
housing inspections. Effective August 1,
2005, employers will file original copies
of their H–2A applications directly with
either the National Processing Centers
in Atlanta and Chicago, depending on
area of intended employment, and
simultaneously file a copy with the
appropriate SWA. The SWAs will
coordinate all activities regarding the
processing of the H–2A applications
with the appropriate National
Processing Center for their jurisdiction,
as noted above.
Specifically, SWAs currently sending
H–2A applications to the following ETA
offices should send materials bearing on
each application—including housing
inspection results, prevailing wage
surveys, and prevailing practice
surveys—as follows:
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H–2A applications
previously sent to:
Send to:
San Francisco Regional Office.
Seattle Regional Office.
Denver Regional Office.
Dallas Regional Office (Backlog Center).
Chicago Regional Office.
Boston Regional Office.
New York Regional
Office.
Philadelphia Regional
Office (Backlog
Center).
Atlanta Regional Office.
Chicago National
Processing Center
Chicago National
Processing Center
Chicago National
Processing Center
Chicago National
Processing Center
H–2A program fees
previously sent to:
Send to:
San Francisco Regional Office.
Seattle Regional Office.
Denver Regional Office.
Dallas Regional Office (Backlog Center).
Chicago Regional Office.
Boston Regional Office.
New York Regional
Office.
Philadelphia Regional
Office (Backlog
Center).
Atlanta Regional Office.
Chicago National
Processing Center
Chicago National
Processing Center
Chicago National
Processing Center
Chicago National
Processing Center
Chicago National
Processing Center
Atlanta National Processing Center
Atlanta National Processing Center
Atlanta National Processing Center
Atlanta National Processing Center
Chicago National
Processing Center
Atlanta National Processing Center
Atlanta National Processing Center
Atlanta National Processing Center
Atlanta National Processing Center
E–3 Professional Workers (Australia)
The Emergency Supplemental
Appropriations Act for Defense, the
Global War on Terror, and Tsunami
Relief, 2005, Public Law 109–13, was
signed by the President on May 11,
2005. The Act established a new
nonimmigrant visa category for
Australian professionals seeking to work
in the United States. The Act provides
for 10,500 new visas per fiscal year for
Australian nationals seeking temporary
work in ‘‘specialty occupations,’’ as
defined under the H–1B provisions of
the Immigration and Nationality Act
(INA).
The statute requires that sponsoring
employers file a Labor Condition
Application with the Department of
Labor. To certify a position for E–3
status, the Department must find—and
certify to the Departments of Homeland
Security and State—that the employer’s
attestations meet the requirements of
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INA § 212(t)(1), the section governing
labor certifications for the H–1B1
program.
The Department is coordinating with
other Federal agencies with an interest
or potential role in the E–3 program to
determine and issue further guidance on
the specific parameters of the program
and how the program will be
administered. In the interim, the
Department recommends employers
seeking to sponsor workers under the E–
3 category:
• Use Form ETA 9035, Labor
Condition Application for H–1B & H–
1B1 Nonimmigrants, to request
certification under the E–3 program.
• Print ‘‘E–3—Australia—to be
processed’’ at the top of each page of the
form. Please print legibly and use blue
or black ink.
• File the completed LCA with the
Department of Labor’s National Office.
Questions regarding E–3 Labor
Condition Applications may be
addressed to:
Leticia Sierra, Manager, Temporary
Programs, U.S. Department of Labor,
Employment and Training
Administration, Division of Foreign
Labor Certification, 200 Constitution
Avenue, NW., Room C–4312,
Washington, DC 20210; (202) 693–3010
(this is not a toll-free number).
Permanent Labor Certification Program
New regulations, effective March 28,
2005, implement a reengineered
permanent labor certification program
through the use of a new Program
Electronic Review Management (PERM)
system. See 69 FR 77326. Employers
requesting labor certifications for the
permanent employment of aliens under
this new regulation must use a new ETA
Form 9089, Application for Permanent
Employment Certification, which they
must file directly with DOL either
electronically or by U.S. Mail to the
appropriate National Processing Center.
The Department will not accept
applications submitted by facsimile.
Permanent program applications are
processed at DOL’s National Processing
Centers, located in Atlanta and Chicago.
The Department opened these centers in
December 2004 to review applications
filed under the PERM system. The
National Processing Centers will also
process applications filed under the
previous regulation that meet the
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refiling requirements of the new
program. See 20 CFR 656.17(d).
Electronic applications: For faster
processing, the Department encourages
employers to file applications using the
Permanent Online System at https://
www.plc.doleta.gov. After employers
register and establish an account, they
or their representatives (for whom they
have established a subaccount) can
proceed to complete the application
electronically. An application filed
electronically will be immediately
routed to the National Processing Center
responsible for the geographic area
serving the area of intended
employment.
Mailed applications: Employers
electing to file non-electronically must
submit applications in accordance with
the guidance published previously in
the Federal Register governing which
states correspond to which National
Processing Center and restated below.
See 70 FR 6734. The PERM application
must be mailed to the National
Processing Center listed below that
covers the state or territory in which the
area of intended employment is located,
as identified below.
Atlanta National Processing Center:
Alabama, Connecticut, Delaware,
Florida, Georgia, Kentucky, Maine,
Maryland, Massachusetts, Mississippi,
New Hampshire, New Jersey, New York,
North Carolina, Pennsylvania, Rhode
Island, South Carolina, Tennessee,
Vermont, Virginia, Washington DC,
West Virginia, Puerto Rico, or the Virgin
Islands
U.S. Department of Labor,
Employment and Training
Administration, Atlanta National
Processing Center, Harris Tower, 233
Peachtree Street, NE., Suite 410,
Atlanta, Georgia 30303; Phone: (404)
893–0101. Fax: (404) 893–4642.
Chicago National Processing Center:
Alaska, Arizona, Arkansas, California,
Colorado, Hawaii, Idaho, Illinois,
Indiana, Iowa, Kansas, Louisiana,
Michigan, Minnesota, Missouri,
Montana, Nebraska, Nevada, New
Mexico, North Dakota, Ohio, Oklahoma,
Oregon, South Dakota, Texas, Utah,
Washington, Wisconsin, Wyoming, or
Guam
U.S. Department of Labor,
Employment and Training
Administration, Chicago National
Processing Center, 844 North Rush
Street, 12th Floor, Chicago, Illinois
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60611; Phone: (312) 886–8000; Fax:
(312) 353–3352.
Applications submitted under the
permanent labor certification regulation
in effect prior to March 28, 2005:
Applications for permanent labor
certification filed under the regulation
in effect until March 28, 2005, are being
processed in either one of two Backlog
Elimination Centers established by the
Department in Dallas and Philadelphia,
based upon the state in which the area
of intended employment is located.
Previously filed applications pending in
SWA offices or DOL Regional Offices
have been transferred for centralized
processing in Dallas and Philadelphia.
Please see https://atlas.doleta.gov/
foreign/times.asp for a display of the
SWA case shipping schedule and
respective Center locations.
Philadelphia Backlog Elimination
Center: Same states as covered by the
Atlanta National Processing Center,
ETA/DFLC Backlog Elimination Center,
U.S. Department of Labor, 1 Belmont
Avenue, Suite 200, Bala Cynwyd,
Pennsylvania 19004; (484) 270–1500
(phone); (484) 270–1600 (fax).
Dallas Backlog Elimination Center:
Same states as covered by the Chicago
National Processing Center, ETA/DFLC
Backlog Elimination Center, U.S.
Department of Labor, 700 North Pearl
Street, Suite 400 N, Dallas, Texas 75201;
(214) 237–9111 (phone); (214) 237–9135
(fax).
Professional team sports: The DOL
ETA National Office will continue to
process employer applications for
certification of permanent positions in
professional team sports.
For all other Foreign Labor
Certification Program matters, e.g.,
PERM Schedule A and Sheepherders,
etc., please forward questions to the
ETA National Office at the address
noted above.
For additional information on
requirements for filing applications
under the PERM program and a listing
of Frequently Asked Questions (FAQs)
for both PERM and backlogged
application processing, please see
https://atlas.doleta.gov/foreign.
Signed in Washington, DC this 13th day of
July, 2005.
Emily Stover DeRocco,
Assistant Secretary, Employment and
Training Administration.
BILLING CODE 4510–30–U
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[FR Doc. 05–14120 Filed 7–18–05; 8:45 am]
BILLING CODE 4510–30–C
DEPARTMENT OF LABOR
Employment Standards
Administration; Wage and Hour
Division
Minimum Wages for Federal and
Federally Assisted Construction;
General Wage Determination Decisions
General wage determination decisions
of the Secretary of Labor are issued in
accordance with applicable law and are
based on the information obtained by
the Department of Labor from its study
of local wage conditions and data made
available from other sources. They
specify the basic hourly wage rates and
fringe benefits which are determined to
be prevailing for the described classes of
laborers and mechanics employed on
construction projects of a similar
character and in the localities specified
therein.
The determinations in these decisions
of prevailing rates and fringe benefits
have been made in accordance with 29
CFR part 1, by authority of the Secretary
of Labor pursuant to the provisions of
the Davis-Bacon Act of March 3, 1931,
as amended (46 Stat. 1494, as amended,
40 U.S.C. 276a) and of other Federal
statutes referred to in 29 CFR part 1,
Appendix, as well as such additional
statutes as may from time to time be
enacted containing provisions for the
payment of wages determined to be
prevailing by the Secretary of Labor in
accordance with the Davis-Bacon Act.
The prevailing rates and fringe benefits
determined in these decisions shall, in
accordance with the provisions of the
foregoing statutes, constitute the
minimum wages payable on Federal and
federally assisted construction projects
to laborers and mechanics of the
specified classes engaged on contract
work of the character and in the
localities described therein.
Good cause is hereby found for not
utilizing notice and public comment
procedure thereon prior to the issuance
of these determinations as prescribed in
5 U.S.C. 553 and not providing for delay
in the effective date as prescribed in that
section, because the necessity to issue
current construction industry wage
determinations frequently and in large
volume causes procedures to be
impractical and contrary to the public
interest.
General wage determination
decisions, and modifications and
supersedeas decisions thereto, contain
no expiration dates and are effective
from the date of notice in the Federal
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Register, or on the date written notice
is received by the agency, whichever is
earlier. These decisions are to be used
in accordance with the provisions of 29
CFR parts 1 and 5. Accordingly, the
applicable decision, together with any
modifications issued, must be made a
part of every contract for performance of
the described work within the
geographic area indicated as required by
an applicable Federal prevailing wage
law and 29 CFR part 5. The wage rates
and fringe benefits notice of which is
published herein, and which are
contained in the Government Printing
Office (GPO) document entitled
‘‘General Wage Determinations Issued
Under The Davis-Bacon And Related
Acts,’’ shall be the minimum paid by
contractors and subcontractors to
laborers and mechanics.
Any person, organization, or
governmental agency having an interest
in the rates determined as prevailing is
encouraged to submit wage rate and
fringe benefit information for
consideration by the Department.
Further information and selfexplanatory forms for the purpose of
submitting this data may be obtained by
writing to the U.S. Department of Labor,
Employment Standards Administration,
Wage and Hour Division, Division of
Wage Determinations, 200 Constitution
Avenue, NW., Room S–3014,
Washington, DC 20210.
Modification to General Wage
Determination Decisions
The number of decisions listed to the
Government Printing Office document
entitled ‘‘General Wage Determinations
Issued Under the Davis-Bacon and
related Acts’’ being modified are listed
by Volume and State. Date of
publication in the Federal Register are
in parentheses following the decision
being modified.
Volume I
Connecticut
CT20030003 (Jun. 13, 2003)
CT20030004 (Jun. 13, 2003)
Massachusetts
MA20030001 (Jun. 13, 2003)
MA20030003 (Jun. 13, 2003)
MA20030004 (Jun. 13, 2003)
MA20030007 (Jun. 13, 2003)
MA20030018 (Jun. 13, 2003)
Maine
ME20030002 (Jun. 13, 2003)
New Jersey
NJ20030002 (Jun. 13, 2003)
New York
NY20030002 (Jun. 13, 2003)
NY20030003 (Jun. 13, 2003)
NY20030004 (Jun. 13, 2003)
NY20030005 (Jun. 13, 2003)
NY20030007 (Jun. 13, 2003)
NY20030008 (Jun. 13, 2003)
NY20030009 (Jun. 13, 2003)
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NY20030010 (Jun. 13, 2003)
NY20030011 (Jun. 13, 2003)
NY20030012 (Jun. 13, 2003)
NY20030013 (Jun. 13, 2003)
NY20030014 (Jun. 13, 2003)
NY20030016 (Jun. 13, 2003)
NY20030017 (Jun. 13, 2003)
NY20030018 (Jun. 13, 2003)
NY20030019 (Jun. 13, 2003)
NY20030020 (Jun. 13, 2003)
NY20030021 (Jun. 13, 2003)
NY20030022 (Jun. 13, 2003)
NY20030023 (Jun. 13, 2003)
NY20030025 (Jun. 13, 2003)
NY20030026 (Jun. 13, 2003)
NY20030031 (Jun. 13, 2003)
NY20030032 (Jun. 13, 2003)
NY20030033 (Jun. 13, 2003)
NY20030034 (Jun. 13, 2003)
NY20030036 (Jun. 13, 2003)
NY20030037 (Jun. 13, 2003)
NY20030039 (Jun. 13, 2003)
NY20030040 (Jun. 13, 2003)
NY20030041 (Jun. 13, 2003)
NY20030042 (Jun. 13, 2003)
NY20030043 (Jun. 13, 2003)
NY20030044 (Jun. 13, 2003)
NY20030045 (Jun. 13, 2003)
NY20030046 (Jun. 13, 2003)
NY20030047 (Jun. 13, 2003)
NY20030048 (Jun. 13, 2003)
NY20030049 (Jun. 13, 2003)
NY20030050 (Jun. 13, 2003)
NY20030051 (Jun. 13, 2003)
NY20030058 (Jun. 13, 2003)
NY20030060 (Jun. 13, 2003)
NY20030061 (Jun. 13, 2003)
NY20030066 (Jun. 13, 2003)
NY20030067 (Jun. 13, 2003)
NY20030071 (Jun. 13, 2003)
NY20030072 (Jun. 13, 2003)
NY20030074 (Jun. 13, 2003)
NY20030075 (Jun. 13, 2003)
NY20030076 (Jun. 13, 2003)
NY20030077 (Jun. 13, 2003)
Volume II
District of Columbia
DC20030001 (Jun. 13, 2003)
DC20030003 (Jun. 13, 2003)
Maryland
MD20030001 (Jun. 13, 2003)
MD20030006 (Jun. 13, 2003)
MD20030010 (Jun. 13, 2003)
MD20030029 (Jun. 13, 2003)
MD20030034 (Jun. 13, 2003)
MD20030040 (Jun. 13, 2003)
MD20030048 (Jun. 13, 2003)
MD20030056 (Jun. 13, 2003)
MD20030057 (Jun. 13, 2003)
MD20030058 (Jun. 13, 2003)
Virginia
VA20030018 (Jun. 13, 2003)
VA20030025 (Jun. 13, 2003)
VA20030052 (Jun. 13, 2003)
VA20030078 (Jun. 13, 2003)
VA20030079 (Jun. 13, 2003)
VA20030092 (Jun. 13, 2003)
VA20030099 (Jun. 13, 2003)
Volume III
Mississippi
MS20030055 (Jun. 13, 2003)
MS20030056 (Jun. 13, 2003)
Tennessee
TN20030022 (Jun. 13, 2003)
E:\FR\FM\19JYN1.SGM
19JYN1
]]>Agencies
[Federal Register Volume 70, Number 137 (Tuesday, July 19, 2005)]
[Notices]
[Pages 41430-41438]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14120]
[[Page 41430]]
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DEPARTMENT OF LABOR
Employment and Training Administration
Information Regarding the Transfer of Temporary Program Cases to
the Atlanta and Chicago National Processing Centers, the Processing
Locations for Foreign Labor Certification Applications Filed With State
Workforce Agencies and the Department of Labor, and the Filing of
Applications for Certification Under the E-3 Worker Visa Program
AGENCY: Employment and Training Administration (ETA), Department of
Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Employment and Training Administration (ETA) of the
Department of Labor (Department or DOL) is issuing this notice to
clarify the locations where applications may be filed and are being
processed, respectively, for the permanent labor certification and
major temporary foreign labor certification programs administered by
ETA's Division of Foreign Labor Certification; to clarify key
procedures within each program that may be impacted by ETA's transition
from region-based to center-based review; and to provide initial
guidance for employers filing applications for certification under the
new E-3 worker visa program for Australian professionals seeking to
temporarily work in the United States. Recent reforms in several of
these programs, as well as the streamlining and centralization of
operations and filing procedures to better serve the needs of
stakeholders, have required periodic changes to filing locations. This
notice describes and further clarifies current filing requirements for
each major program. A chart attached to this notice provides users with
a convenient, one-stop reference on program-specific filing
requirements. This chart will be updated and published in the Federal
Register and posted on DOL's Web site.
DATES: Effective Date: This notice is effective immediately.
FOR FURTHER INFORMATION CONTACT: William Carlson, Chief, Division of
Foreign Labor Certification, U.S. Department of Labor, Room C-4312, 200
Constitution Avenue, NW., Washington, DC 20210; telephone: 202-693-3010
(this is not a toll-free number).
SUPPLEMENTARY INFORMATION: To enhance effectiveness and eliminate undue
burden on program users, the Department has reformed its process to
issue permanent labor certifications and continues to review and
strengthen its various temporary labor certification programs,
primarily those leading to H-1B, H-1B1, H-2B, and H-2A worker visas.
The Department's long-term goal is to streamline, automate, and
centralize operations and processes that may have been duplicative,
lengthy, or unduly burdensome. Ongoing and proposed changes are
designed to improve the efficiency and integrity of each program.
The purpose of this notice is threefold. First, the notice seeks to
update the filing instructions for applications to the temporary labor
certification programs, in light of the Department's plans to transfer
the Federal processing responsibility related to H-2A and H-2B program
applications, as well as applications requiring special handling, to
its National Processing Centers located in Atlanta and Chicago.
Accordingly, much of the information below related to these
applications is new.
Second, the notice seeks to present--clearly, briefly, and in a
single document--basic filing instructions for key labor certification
programs, including the permanent program. In the context of
significant changes to labor certification operations and activities,
the Department believes stakeholders would benefit from summarized,
organized guidance that establishes a baseline for filings going
forward. In those cases in which guidance is unchanged--notably, for
the permanent program--this notice restates the instructions that have
been provided in recent guidance but, for clarity, refers back to each
of the notices originally published. As an aid, this notice attaches a
chart, which the Department will update as needed, for use as a one-
stop reference on filing requirements for each of the programs listed
below.
Third, the Department seeks to provide initial guidance governing
the filing of applications for labor certification under the E-3 worker
visa program.
H-1B and H-1B1 Temporary Professional Workers
Application submission: Labor Condition Applications filed under
the H-1B program, as well as the H-1B1 program created pursuant to
legislation implementing the United States-Chile and United States-
Singapore Free Trade Agreements, may be filed electronically, by U.S.
Mail, or by facsimile. Employers complete an electronic Labor Condition
Application (LCA) through DOL's Foreign Labor Certification LCA Online
System at https://www.lca.doleta.gov. In addition, employers nationwide
may mail or fax LCAs on ETA Form 9035 to ETA's Backlog Elimination
Center in Philadelphia, as follows:
ETA Backlog Elimination Center, P.O. Box 13640, Philadelphia,
Pennsylvania 19101; (800) 397-0478 (fax).
Employers wishing to withdraw a Labor Condition Application may do
so by contacting the ETA National Office as noted below. In addition,
the Department has proposed to require electronic filing of H-1B/H-1B1
applications in most instances. See 70 FR 16774. A printable copy of
the ETA Form 9035 is available at https://atlas.doleta.gov/foreign/
preh1BForm.asp. See 20 CFR part 655 subpart H, 69 FR 69412, and the
Department's website, https://www.doleta.gov/business/gw/guestwkr, for
additional details on H-1B and H-1B1 filing requirements and use of
this form.
Seventh-year extensions: Employers are asked to e-mail any and all
inquiries regarding seventh-year H-1B extensions to the Backlog
Elimination Center where their permanent labor certification case is
pending. Inquiries may be submitted to the Philadelphia Backlog
Elimination Center at h1b7yr@phi.dflc.us, and to the Dallas Backlog
Elimination Center at h1b7yr@dal.dflc.us. Please see https://
atlas.doleta.gov/foreign/times.asp for a display of the SWA case
shipping schedule and respective Center locations.
H-2B Temporary Nonagricultural Program
Application Submission: Employers continue to file an ETA 750, Part
A, Application for Alien Employment Certification with the State
Workforce Agency serving the area of intended employment. State
Workforce Agencies will continue their traditional practice of review
and recruitment oversight.
Note: State Workforce Agencies (SWAs), effective Monday, July
18, 2005, will send processed H-2B applications to the corresponding
National Processing Center instead of an ETA Regional Office or
Backlog Elimination Center. In other words, all H-2B applications,
once reviewed by the SWA, will be sent to either the Atlanta or
Chicago National Processing Center. Current state processing time
requirements remain unchanged.
State distribution: Each Center will accept applications
corresponding to the areas of intended employment listed below.
Atlanta National Processing Center: Alabama, Connecticut, Delaware,
Florida, Georgia, Kentucky, Maine, Maryland, Massachusetts,
Mississippi, New Hampshire, New Jersey, New York,
[[Page 41431]]
North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee,
Vermont, Virginia, Washington DC, West Virginia, Puerto Rico, or the
Virgin Islands.
U.S. Department of Labor, Employment and Training Administration,
Atlanta National Processing Center, Harris Tower, 233 Peachtree Street,
NE., Suite 410, Atlanta, Georgia 30303; Phone: (404) 893-0101; Fax:
(404) 893-4642.
Chicago National Processing Center: Alaska, Arizona, Arkansas,
California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas,
Louisiana, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada,
New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas,
Utah, Washington, Wisconsin, Wyoming, or Guam.
U.S. Department of Labor, Employment and Training Administration,
Chicago National Processing Center, 844 North Rush Street, 12th Floor,
Chicago, Illinois 60611; Phone: (312) 886-8000; Fax: (312) 886-1688.
This process does not apply to H-2B applications for boilermakers,
entertainers, logging, and professional team sports, which are treated
separately below.
Boilermakers and professional team sports: The H-2B filing process
for professional team sport applications and emergency applications for
boilermakers shall continue unchanged, i.e., employers will continue to
submit these applications to ETA's National Office for processing.
Questions regarding applications on these job classifications may be
addressed to:
Leticia Sierra, Manager, Temporary Programs, U.S. Department of
Labor, Employment and Training Administration, Division of Foreign
Labor Certification, 200 Constitution Avenue, NW., Room C-4312,
Washington, DC 20210. (202) 693-3010 (this is not a toll-free number).
Entertainers: The Federal review process for H-2B entertainers
shall change effective July 18, 2005. Employers will continue to file
applications with state Offices Specializing in Entertainment (OSEs) in
Austin, New York, and Sacramento. However, rather than forward
applications to ETA Regional Offices in New York, Dallas, and San
Francisco, these state offices will now send applications to the
Chicago Processing Center for a determination, as noted below:
------------------------------------------------------------------------
H-2B entertainers previously sent to: Send to:
------------------------------------------------------------------------
New York City Regional Office............. Chicago National Processing
Center.
Dallas Regional Office.................... Chicago National Processing
Center.
San Francisco Regional Office............. Chicago National Processing
Center.
------------------------------------------------------------------------
Applications for the Logging Industry: Employers and/or agents
should continue to submit applications to their respective State
Workforce Agencies, i.e., Maine, New Hampshire, New York, and Vermont.
However, effective July 18, 2005, SWA staff must forward processed
applications to the Atlanta National Processing Center rather than to
the ETA Boston Regional Office. Processing time requirements remain
unchanged.
------------------------------------------------------------------------
Previously sent to: Send to:
------------------------------------------------------------------------
Boston Regional Office.................... Atlanta National Processing
Center.
------------------------------------------------------------------------
Inquiries (all H-2B applications): Employers and/or agents having
questions regarding the status of their H-2B application(s) should use
the contact information noted for the Atlanta and Chicago National
Processing Centers.
H-2A Temporary Agricultural Program
Centralizing H-2A Federal Review: State Workforce Agencies will
continue their current responsibilities with respect to the receipt and
processing of H-2A applications. These responsibilities include
prevailing wage/prevailing practice surveys, recruitment of domestic
workers, and housing inspections. Effective August 1, 2005, employers
will file original copies of their H-2A applications directly with
either the National Processing Centers in Atlanta and Chicago,
depending on area of intended employment, and simultaneously file a
copy with the appropriate SWA. The SWAs will coordinate all activities
regarding the processing of the H-2A applications with the appropriate
National Processing Center for their jurisdiction, as noted above.
Specifically, SWAs currently sending H-2A applications to the
following ETA offices should send materials bearing on each
application--including housing inspection results, prevailing wage
surveys, and prevailing practice surveys--as follows:
------------------------------------------------------------------------
H-2A applications previously sent to: Send to:
------------------------------------------------------------------------
San Francisco Regional Office............. Chicago National Processing
Center
Seattle Regional Office................... Chicago National Processing
Center
Denver Regional Office.................... Chicago National Processing
Center
Dallas Regional Office (Backlog Center)... Chicago National Processing
Center
Chicago Regional Office................... Chicago National Processing
Center
Boston Regional Office.................... Atlanta National Processing
Center
New York Regional Office.................. Atlanta National Processing
Center
Philadelphia Regional Office (Backlog Atlanta National Processing
Center). Center
Atlanta Regional Office................... Atlanta National Processing
Center
------------------------------------------------------------------------
------------------------------------------------------------------------
H-2A program fees previously sent to: Send to:
------------------------------------------------------------------------
San Francisco Regional Office............. Chicago National Processing
Center
Seattle Regional Office................... Chicago National Processing
Center
Denver Regional Office.................... Chicago National Processing
Center
Dallas Regional Office (Backlog Center)... Chicago National Processing
Center
Chicago Regional Office................... Chicago National Processing
Center
Boston Regional Office.................... Atlanta National Processing
Center
New York Regional Office.................. Atlanta National Processing
Center
Philadelphia Regional Office (Backlog Atlanta National Processing
Center). Center
Atlanta Regional Office................... Atlanta National Processing
Center
------------------------------------------------------------------------
E-3 Professional Workers (Australia)
The Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief, 2005, Public Law 109-13, was
signed by the President on May 11, 2005. The Act established a new
nonimmigrant visa category for Australian professionals seeking to work
in the United States. The Act provides for 10,500 new visas per fiscal
year for Australian nationals seeking temporary work in ``specialty
occupations,'' as defined under the H-1B provisions of the Immigration
and Nationality Act (INA).
The statute requires that sponsoring employers file a Labor
Condition Application with the Department of Labor. To certify a
position for E-3 status, the Department must find--and certify to the
Departments of Homeland Security and State--that the employer's
attestations meet the requirements of
[[Page 41432]]
INA Sec. 212(t)(1), the section governing labor certifications for the
H-1B1 program.
The Department is coordinating with other Federal agencies with an
interest or potential role in the E-3 program to determine and issue
further guidance on the specific parameters of the program and how the
program will be administered. In the interim, the Department recommends
employers seeking to sponsor workers under the E-3 category:
Use Form ETA 9035, Labor Condition Application for H-1B &
H-1B1 Nonimmigrants, to request certification under the E-3 program.
Print ``E-3--Australia--to be processed'' at the top of
each page of the form. Please print legibly and use blue or black ink.
File the completed LCA with the Department of Labor's
National Office.
Questions regarding E-3 Labor Condition Applications may be
addressed to:
Leticia Sierra, Manager, Temporary Programs, U.S. Department of
Labor, Employment and Training Administration, Division of Foreign
Labor Certification, 200 Constitution Avenue, NW., Room C-4312,
Washington, DC 20210; (202) 693-3010 (this is not a toll-free number).
Permanent Labor Certification Program
New regulations, effective March 28, 2005, implement a reengineered
permanent labor certification program through the use of a new Program
Electronic Review Management (PERM) system. See 69 FR 77326. Employers
requesting labor certifications for the permanent employment of aliens
under this new regulation must use a new ETA Form 9089, Application for
Permanent Employment Certification, which they must file directly with
DOL either electronically or by U.S. Mail to the appropriate National
Processing Center. The Department will not accept applications
submitted by facsimile.
Permanent program applications are processed at DOL's National
Processing Centers, located in Atlanta and Chicago. The Department
opened these centers in December 2004 to review applications filed
under the PERM system. The National Processing Centers will also
process applications filed under the previous regulation that meet the
refiling requirements of the new program. See 20 CFR 656.17(d).
Electronic applications: For faster processing, the Department
encourages employers to file applications using the Permanent Online
System at https://www.plc.doleta.gov. After employers register and
establish an account, they or their representatives (for whom they have
established a subaccount) can proceed to complete the application
electronically. An application filed electronically will be immediately
routed to the National Processing Center responsible for the geographic
area serving the area of intended employment.
Mailed applications: Employers electing to file non-electronically
must submit applications in accordance with the guidance published
previously in the Federal Register governing which states correspond to
which National Processing Center and restated below. See 70 FR 6734.
The PERM application must be mailed to the National Processing Center
listed below that covers the state or territory in which the area of
intended employment is located, as identified below.
Atlanta National Processing Center: Alabama, Connecticut, Delaware,
Florida, Georgia, Kentucky, Maine, Maryland, Massachusetts,
Mississippi, New Hampshire, New Jersey, New York, North Carolina,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont,
Virginia, Washington DC, West Virginia, Puerto Rico, or the Virgin
Islands
U.S. Department of Labor, Employment and Training Administration,
Atlanta National Processing Center, Harris Tower, 233 Peachtree Street,
NE., Suite 410, Atlanta, Georgia 30303; Phone: (404) 893-0101. Fax:
(404) 893-4642.
Chicago National Processing Center: Alaska, Arizona, Arkansas,
California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas,
Louisiana, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada,
New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas,
Utah, Washington, Wisconsin, Wyoming, or Guam
U.S. Department of Labor, Employment and Training Administration,
Chicago National Processing Center, 844 North Rush Street, 12th Floor,
Chicago, Illinois 60611; Phone: (312) 886-8000; Fax: (312) 353-3352.
Applications submitted under the permanent labor certification
regulation in effect prior to March 28, 2005: Applications for
permanent labor certification filed under the regulation in effect
until March 28, 2005, are being processed in either one of two Backlog
Elimination Centers established by the Department in Dallas and
Philadelphia, based upon the state in which the area of intended
employment is located. Previously filed applications pending in SWA
offices or DOL Regional Offices have been transferred for centralized
processing in Dallas and Philadelphia. Please see https://
atlas.doleta.gov/foreign/times.asp for a display of the SWA case
shipping schedule and respective Center locations.
Philadelphia Backlog Elimination Center: Same states as covered by
the Atlanta National Processing Center, ETA/DFLC Backlog Elimination
Center, U.S. Department of Labor, 1 Belmont Avenue, Suite 200, Bala
Cynwyd, Pennsylvania 19004; (484) 270-1500 (phone); (484) 270-1600
(fax).
Dallas Backlog Elimination Center: Same states as covered by the
Chicago National Processing Center, ETA/DFLC Backlog Elimination
Center, U.S. Department of Labor, 700 North Pearl Street, Suite 400 N,
Dallas, Texas 75201; (214) 237-9111 (phone); (214) 237-9135 (fax).
Professional team sports: The DOL ETA National Office will continue
to process employer applications for certification of permanent
positions in professional team sports.
For all other Foreign Labor Certification Program matters, e.g.,
PERM Schedule A and Sheepherders, etc., please forward questions to the
ETA National Office at the address noted above.
For additional information on requirements for filing applications
under the PERM program and a listing of Frequently Asked Questions
(FAQs) for both PERM and backlogged application processing, please see
https://atlas.doleta.gov/foreign.
Signed in Washington, DC this 13th day of July, 2005.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
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[FR Doc. 05-14120 Filed 7-18-05; 8:45 am]
BILLING CODE 4510-30-C
