Prevailing Wage Determinations for Use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and Permanent Labor Certification Programs; Prevailing Wage Determinations for Use in the Commonwealth of the Northern Mariana Islands, 63796-63797 [E9-28963]
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63796
ACTION:
Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices
Notice.
SUMMARY: This Notice announces a
change in the location where
applications for temporary labor
certification programs will be filed and/
or are being processed.
DATES: This notice is effective on
December 15, 2009.
FOR FURTHER INFORMATION CONTACT:
William L. Carlson, Ph.D.,
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:
mstockstill on DSKH9S0YB1PROD with NOTICES
I. Background
The Office of Foreign Labor
Certification (OFLC) provides national
leadership and policy guidance, and
develops regulations and 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 (U.S.) in
order to work under the labor
certification programs authorized by the
INA. In carrying out its statutory
responsibility, OFLC administers both
temporary nonimmigrant labor
certification programs and the
permanent immigrant labor certification
program. The Secretary of Labor issues
certifications in connection with several
nonimmigrant visa programs as well as
the permanent program. To obtain a
labor certification under most labor
certification programs administered by
OFLC, employers must demonstrate that
there are insufficient U.S. workers
available, willing, and qualified to
perform the work, and that the wage
offered to the foreign worker(s) will not
adversely impact U.S. workers similarly
employed. The purpose of the labor
certification process is to ensure that
admitting foreign workers does not
adversely affect job opportunities, wages
and working conditions of U.S. workers.
These activities are carried out in two
National Processing Centers (NPC), one
in Atlanta, GA and one in Chicago, IL.
The Chicago NPC is responsible for
adjudicating all employer applications
for temporary labor certification under
the H–1B, H–1B1, E–3, H–2A, H–2B, H–
1C, and D–1 programs. The purpose of
this Notice is to inform the public about
a change of address for the Chicago
NPC.
The address change will be effective
as of the effective date of this Notice. On
that date, the Chicago NPC should be
fully functional in the new location. For
VerDate Nov<24>2008
17:26 Dec 03, 2009
Jkt 220001
3 weeks after that date, the Chicago NPC
will receive via courier all written
correspondence submitted to their
former address. This is to ensure a
smooth transition and allow all
interested parties to commence using
the new address. On January 6, 2010,
the courier will cease to operate and all
submissions to the former address of the
Chicago NPC will be returned to the
sender.
II. Address
Old Address: U.S. Department of
Labor, Employment and Training
Administration, Office of Foreign Labor
Certification, Chicago National
Processing Center, 844 North Rush
Street, 12th Floor, Chicago, IL 60611;
telephone: (312) 886–8000; facsimile:
(312) 353–3352.
New Address: U.S. Department of
Labor, Employment and Training
Administration, Office of Foreign Labor
Certification, Chicago National
Processing Center, 536 South Clark
Street, Chicago, IL 60605–1509;
telephone: (312) 886–8000; facsimile:
(312) 353–3352.
New Address in connection with fees:
The following address is to be used for
all invoices/fees submitted in
connection with the H–2A and H–1C
programs: U.S. Department of Labor,
Employment and Training
Administration, Office of Foreign Labor
Certification, Chicago National
Processing Center, P.O. Box A3804,
Chicago, IL 60690–A3804.
Signed in Washington, DC, this 25th day of
November 2009.
Jane Oates,
Assistant Secretary, Employment and
Training Administration.
[FR Doc. E9–28954 Filed 12–3–09; 8:45 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Prevailing Wage Determinations for
Use in the H–1B, H–1B1 (Chile/
Singapore), H–1C, H–2B, E–3
(Australia), and Permanent Labor
Certification Programs; Prevailing
Wage Determinations for Use in the
Commonwealth of the Northern
Mariana Islands
AGENCY: Employment and Training
Administration, Department of Labor.
ACTION: Notice.
SUMMARY: The Department of Labor
(Department) is providing notice that, in
accordance with its labor certification
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
regulations, as of January 1, 2010, the
Office of Foreign Labor Certification
(OFLC) National Prevailing Wage and
Helpdesk Center (NPWHC) in
Washington, DC, will receive and
process prevailing wage determination
(PWD) requests for use in the H–1B, H–
1B1 (Chile/Singapore), H–1C, H–2B, E–
3 (Australia), and permanent labor
certification programs. In addition, the
Department is providing guidance about
the implementation of the issuance of
PWDs for applications in the
Commonwealth of the Northern Mariana
Islands (CNMI).
DATES: This Notice is effective
November 28, 2009, for PWD requests
for job opportunities in the
Commonwealth of the Northern Mariana
Islands; and January 1, 2010, for all
other PWD requests.
ADDRESSES: None.
FOR FURTHER INFORMATION CONTACT:
William L. Carlson, 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:
Background
On December 19, 2008, the
Department published a Final Rule
addressing the Labor Certification
Process and Enforcement for Temporary
Employment in Occupations Other
Than Agriculture or Registered Nursing
in the United States (H–2B Workers),
and Other Technical Changes, 73 FR
78020, Dec. 19, 2008. The Final Rule
implemented a federalized process for
obtaining PWD requests for use in the
H–2B temporary nonagricultural labor
certification program directly from the
Employment and Training
Administration’s (ETA) appropriate
National Processing Center (NPC)—
which was designated as the Chicago
NPC in the preamble to the Final Rule.
Beginning on January 1, 2010, the Final
Rule also federalized PWD for use in the
H–1B, H–1B1 (Chile/Singapore), H–1C,
E–3 (Australia), and the permanent
labor certification programs.
Effective on January 1, 2010, the
processing of all PWD requests for the
above-referenced labor certification
programs will be centralized in OFLC’s
NPWHC in Washington, DC. The
NPWHC will receive and process PWD
requests in accordance with the
applicable regulations and Department
guidance. The one exception to this is
PWD requests for CNMI; the NPWHC
will begin receiving and processing
those effective November 28, 2009.
E:\FR\FM\04DEN1.SGM
04DEN1
Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices
The CNMI is an unincorporated
territory of the United States (U.S.)
whose relationship with the U.S. is
governed by the Covenant to Establish a
Commonwealth of the Northern Mariana
Islands in Political Union with the
United States of America, Public Law
94–241, 90 Stat. 263 (1976), as amended
(Covenant). The Covenant was recently
modified by Congress in Title VII of the
Consolidated Natural Resources Act,
Public Law 110–229, Title VII, Subtitle
A, 122 Stat. 754, 853 (2008) (CNRA).
The CNRA applies the Immigration and
Nationality Act (INA) and other U.S.
immigration laws to the CNMI
beginning on November 28, 2009, with
a transition period that will end on
December 31, 2014, unless certain
provisions are extended by the
Department.
The CNMI Department of Labor, as of
November 28, would normally be
charged with the issuance of PWDs
under the various regulations governing
such determinations. Since there is very
little time between November 28, 2009,
and January 1, 2010, the Department has
determined it is more feasible for the
Department to receive such requests
directly rather than have the CNMI
receive and process such requests. All
requests for a PWD for a job opportunity
on CNMI made in connection with a
potential filing in a labor certification
program must be made in the manner
described in ‘‘Filing Procedures,’’
below.
Regulations
All employers submitting PWD
requests and related actions must follow
the prevailing wage requirements set
forth in 20 CFR 655.10, 655.11, 655.731,
655.1112, 656.40 and 656.41, as
applicable.
mstockstill on DSKH9S0YB1PROD with NOTICES
Filing Procedures
a. PWD Requests
1. Requestors must submit PWD
requests using the Application for
Prevailing Wage Determination, Form
ETA–9141.
2. Requestors must submit PWD
requests to the NPWHC by U.S. Mail or
comparable physical delivery service at
the following address: U.S. Department
of Labor-ETA, National Prevailing Wage
and Helpdesk Center, Attn: PWD
Request; 1341 G Street, NW., Suite 201,
Washington, DC 20005–3142.
Note: On and after November 28, 2009, for
the CMNI and on and after January 1, 2010,
the NPWHC will only process PWD requests
received by mail in hard copy.
The Department is in the process of
developing an electronic means for the
submission of PWD requests and will
VerDate Nov<24>2008
17:26 Dec 03, 2009
Jkt 220001
publish a notice in the Federal Register
informing the public when such a
process becomes available.
3. Employer Provided Wage
Documentation for H–1B, H–2B and
Permanent Labor Certification Programs.
The NPWHC will consider wage
information provided by the employer
in making a PWD. Where not present in
the survey submitted, an employer
should provide the following
information pertaining to its survey,
except when McNamara-O’Hara Service
Contract Act (SCA) or Davis Bacon Act
(DBA) wages have been requested.
i. The name of the published survey,
when appropriate;
ii. The publication schedule for the
survey, when appropriate. This should
include the publication date of the
requested survey, the date of the
previous version of the survey and the
date of the next release of the survey
(actual or anticipated);
iii. When the data was collected;
iv. A description of the job duties or
activities used in the survey;
v. The methodology used in the
survey;
A. How the universe is defined;
B. How the sample size was
determined;
C. How the participants were selected;
and
1. The number of employers surveyed
for the occupation in the area;
2. The number of wage value
responses (employees) for the
occupation in the area;
D. A list of employer participants or
explanation of how the cross industry
nature of the survey was maintained;
E. How the presented wage was
determined and if it is mean or median;
F. Any other appropriate information
on the survey’s methodology;
G. The area covered by the survey or
relevant portion and an explanation of
any expansion of the area beyond
normal commuting distance, when
applicable;
4. Employer-Provided Wage
Documentation for SCA/DBA.
No employer-provided wage
documents are initially required for
SCA/DBA wage rate requests but
NPWHC staff may require the requestor
to submit additional documentation, if
needed to make a PWD.
b. Redeterminations
All requests for prevailing wage
redeterminations must be sent to the:
U.S. Department of Labor-ETA; National
Prevailing Wage and Helpdesk Center,
Attn.: PW Redetermination, 1341 G
Street, NW., Suite 201, Washington, DC
20005–3142.
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
63797
c. OFLC Review
Requests for OFLC review or PWD
challenges must be mailed to the: U.S.
Department of Labor-ETA; National
Prevailing Wage and Helpdesk Center;
Attn.: PWD Review, 1341 G Street, NW.,
Suite 201, Washington, DC 20005–3142.
d. BALCA Review of PWDs
For all programs, requests for review
by the Board of Alien Labor
Certification Appeals (BALCA) must be
in writing and must be made no more
than 30 days after determination.
Employers must send their requests for
BALCA review to the following address:
U.S. Department of Labor-ETA, National
Prevailing Wage and Helpdesk Center,
Attn.: PWD Appeal, 1341 G Street, NW.,
Suite 201, Washington, DC 20005–3142.
e. State Workforce Agencies and
Chicago NPC to Cease Processing PWD
Requests Received on and After January
1, 2010
State Workforce Agencies (SWAs) and
the Chicago NPC, where PWD requests
are currently submitted, will complete
any PWD requests received on or prior
to December 31, 2009. The Chicago NPC
or SWA will maintain responsibility for
processing PWD requests and review
requests (including all challenges and
appeals) under 20 CFR 656.40 or 656.41
or 20 CFR 655.10 or 655.11, as
appropriate, so long as the original PWD
request was received on or prior to
December 31, 2009.
Any PWD request, using the ETA
Form 9141, received from January 1,
2010, up to and including January 15,
2010, will be forwarded by the SWA or
the Chicago NPC to the NPWHC.
Requests received after January 15,
2010, will be returned to the requestor
with a cover letter that includes
instructions on where to send the
request and where to obtain a copy of
the ETA–9141.
Signed in Washington, DC, this 25th day of
November 2009.
Jane Oates,
Assistant Secretary, Employment and
Training Administration.
[FR Doc. E9–28963 Filed 12–3–09; 8:45 am]
BILLING CODE 4510–FP–P
NATIONAL SCIENCE FOUNDATION
Proposal Review; Notice of Meetings
In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Foundation (NSF) announces its intent
to hold proposal review meetings
throughout the year. The purpose of
E:\FR\FM\04DEN1.SGM
04DEN1
]]>Agencies
[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Notices]
[Pages 63796-63797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28963]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Prevailing Wage Determinations for Use in the H-1B, H-1B1 (Chile/
Singapore), H-1C, H-2B, E-3 (Australia), and Permanent Labor
Certification Programs; Prevailing Wage Determinations for Use in the
Commonwealth of the Northern Mariana Islands
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (Department) is providing notice that,
in accordance with its labor certification regulations, as of January
1, 2010, the Office of Foreign Labor Certification (OFLC) National
Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC, will
receive and process prevailing wage determination (PWD) requests for
use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia),
and permanent labor certification programs. In addition, the Department
is providing guidance about the implementation of the issuance of PWDs
for applications in the Commonwealth of the Northern Mariana Islands
(CNMI).
DATES: This Notice is effective November 28, 2009, for PWD requests for
job opportunities in the Commonwealth of the Northern Mariana Islands;
and January 1, 2010, for all other PWD requests.
ADDRESSES: None.
FOR FURTHER INFORMATION CONTACT: William L. Carlson, 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:
Background
On December 19, 2008, the Department published a Final Rule
addressing the Labor Certification Process and Enforcement for
Temporary Employment in Occupations Other Than Agriculture or
Registered Nursing in the United States (H-2B Workers), and Other
Technical Changes, 73 FR 78020, Dec. 19, 2008. The Final Rule
implemented a federalized process for obtaining PWD requests for use in
the H-2B temporary nonagricultural labor certification program directly
from the Employment and Training Administration's (ETA) appropriate
National Processing Center (NPC)--which was designated as the Chicago
NPC in the preamble to the Final Rule. Beginning on January 1, 2010,
the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/
Singapore), H-1C, E-3 (Australia), and the permanent labor
certification programs.
Effective on January 1, 2010, the processing of all PWD requests
for the above-referenced labor certification programs will be
centralized in OFLC's NPWHC in Washington, DC. The NPWHC will receive
and process PWD requests in accordance with the applicable regulations
and Department guidance. The one exception to this is PWD requests for
CNMI; the NPWHC will begin receiving and processing those effective
November 28, 2009.
[[Page 63797]]
The CNMI is an unincorporated territory of the United States (U.S.)
whose relationship with the U.S. is governed by the Covenant to
Establish a Commonwealth of the Northern Mariana Islands in Political
Union with the United States of America, Public Law 94-241, 90 Stat.
263 (1976), as amended (Covenant). The Covenant was recently modified
by Congress in Title VII of the Consolidated Natural Resources Act,
Public Law 110-229, Title VII, Subtitle A, 122 Stat. 754, 853 (2008)
(CNRA). The CNRA applies the Immigration and Nationality Act (INA) and
other U.S. immigration laws to the CNMI beginning on November 28, 2009,
with a transition period that will end on December 31, 2014, unless
certain provisions are extended by the Department.
The CNMI Department of Labor, as of November 28, would normally be
charged with the issuance of PWDs under the various regulations
governing such determinations. Since there is very little time between
November 28, 2009, and January 1, 2010, the Department has determined
it is more feasible for the Department to receive such requests
directly rather than have the CNMI receive and process such requests.
All requests for a PWD for a job opportunity on CNMI made in connection
with a potential filing in a labor certification program must be made
in the manner described in ``Filing Procedures,'' below.
Regulations
All employers submitting PWD requests and related actions must
follow the prevailing wage requirements set forth in 20 CFR 655.10,
655.11, 655.731, 655.1112, 656.40 and 656.41, as applicable.
Filing Procedures
a. PWD Requests
1. Requestors must submit PWD requests using the Application for
Prevailing Wage Determination, Form ETA-9141.
2. Requestors must submit PWD requests to the NPWHC by U.S. Mail or
comparable physical delivery service at the following address: U.S.
Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request; 1341 G Street, NW., Suite 201, Washington, DC 20005-
3142.
Note: On and after November 28, 2009, for the CMNI and on and
after January 1, 2010, the NPWHC will only process PWD requests
received by mail in hard copy.
The Department is in the process of developing an electronic means
for the submission of PWD requests and will publish a notice in the
Federal Register informing the public when such a process becomes
available.
3. Employer Provided Wage Documentation for H-1B, H-2B and
Permanent Labor Certification Programs.
The NPWHC will consider wage information provided by the employer
in making a PWD. Where not present in the survey submitted, an employer
should provide the following information pertaining to its survey,
except when McNamara-O'Hara Service Contract Act (SCA) or Davis Bacon
Act (DBA) wages have been requested.
i. The name of the published survey, when appropriate;
ii. The publication schedule for the survey, when appropriate. This
should include the publication date of the requested survey, the date
of the previous version of the survey and the date of the next release
of the survey (actual or anticipated);
iii. When the data was collected;
iv. A description of the job duties or activities used in the
survey;
v. The methodology used in the survey;
A. How the universe is defined;
B. How the sample size was determined;
C. How the participants were selected; and
1. The number of employers surveyed for the occupation in the area;
2. The number of wage value responses (employees) for the
occupation in the area;
D. A list of employer participants or explanation of how the cross
industry nature of the survey was maintained;
E. How the presented wage was determined and if it is mean or
median;
F. Any other appropriate information on the survey's methodology;
G. The area covered by the survey or relevant portion and an
explanation of any expansion of the area beyond normal commuting
distance, when applicable;
4. Employer-Provided Wage Documentation for SCA/DBA.
No employer-provided wage documents are initially required for SCA/
DBA wage rate requests but NPWHC staff may require the requestor to
submit additional documentation, if needed to make a PWD.
b. Redeterminations
All requests for prevailing wage redeterminations must be sent to
the: U.S. Department of Labor-ETA; National Prevailing Wage and
Helpdesk Center, Attn.: PW Redetermination, 1341 G Street, NW., Suite
201, Washington, DC 20005-3142.
c. OFLC Review
Requests for OFLC review or PWD challenges must be mailed to the:
U.S. Department of Labor-ETA; National Prevailing Wage and Helpdesk
Center; Attn.: PWD Review, 1341 G Street, NW., Suite 201, Washington,
DC 20005-3142.
d. BALCA Review of PWDs
For all programs, requests for review by the Board of Alien Labor
Certification Appeals (BALCA) must be in writing and must be made no
more than 30 days after determination. Employers must send their
requests for BALCA review to the following address: U.S. Department of
Labor-ETA, National Prevailing Wage and Helpdesk Center, Attn.: PWD
Appeal, 1341 G Street, NW., Suite 201, Washington, DC 20005-3142.
e. State Workforce Agencies and Chicago NPC to Cease Processing PWD
Requests Received on and After January 1, 2010
State Workforce Agencies (SWAs) and the Chicago NPC, where PWD
requests are currently submitted, will complete any PWD requests
received on or prior to December 31, 2009. The Chicago NPC or SWA will
maintain responsibility for processing PWD requests and review requests
(including all challenges and appeals) under 20 CFR 656.40 or 656.41 or
20 CFR 655.10 or 655.11, as appropriate, so long as the original PWD
request was received on or prior to December 31, 2009.
Any PWD request, using the ETA Form 9141, received from January 1,
2010, up to and including January 15, 2010, will be forwarded by the
SWA or the Chicago NPC to the NPWHC. Requests received after January
15, 2010, will be returned to the requestor with a cover letter that
includes instructions on where to send the request and where to obtain
a copy of the ETA-9141.
Signed in Washington, DC, this 25th day of November 2009.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. E9-28963 Filed 12-3-09; 8:45 am]
BILLING CODE 4510-FP-P
