Labor Certification Process for the Temporary Employment of Aliens in Non-Agricultural Employment in the United States, 3189-3190 [2018-01166]

Download as PDF Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices U.S. Patent No. 7,113,502; U.S. Patent No. 7,752,564; U.S. Patent No. 8,300,156; and U.S. Patent No. 9,521,466. The notice of investigation named as respondents: Sony Corporation of Tokyo, Japan; Sony Corporation of America, of New York, New York; Sony Electronics Inc. of San Diego, California; Sony Interactive Entertainment, Inc. of Tokyo, Japan; as well as Sony Mobile Communications (USA), Inc., Sony Interactive Entertainment LLC, and Sony Interactive Entertainment America LLC, each of San Mateo, California (collectively, ‘‘Sony’’). The Office of Unfair Import Investigations was also named as a party. On December 15, 2017, ARRIS and Sony filed a joint motion to terminate the investigation in view of a patent cross license agreement between the parties that settles this investigation. On December 18, 2017, the Commission investigative attorney responded in support of the motion. On December 20, 2017, the presiding ALJ granted the motion as the subject ID. The ID finds that the motion complies with Commission Rules, and that granting the motion is not contrary to the public interest. ID at 1–3; see 19 CFR 210.21(b), 210.50(b)(2). No petitions for review of the ID were filed. The Commission has determined not to review the ID. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: January 18, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–01155 Filed 1–22–18; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–392] sradovich on DSK3GMQ082PROD with NOTICES Bulk Manufacturer of Controlled Substances Application: Organix, Inc. Correction Notice document 2017–28180, appearing on page 539, in the issue of January 4, 2018 was inadvertently published in error and should not have appeared in the Federal Register. [FR Doc. C1–2017–28180 Filed 1–22–18; 8:45 am] BILLING CODE 1301–00–D VerDate Sep<11>2014 17:59 Jan 22, 2018 Jkt 244001 DEPARTMENT OF LABOR Employment and Training Administration Labor Certification Process for the Temporary Employment of Aliens in Non-Agricultural Employment in the United States Employment and Training Administration, Department of Labor. ACTION: Notice. AGENCY: The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce to employers and other interested stakeholders about a process change to better assure fairness regarding the issuance of H–2B temporary labor certifications due to the unprecedented volume of applications received on January 1, 2018. FOR FURTHER INFORMATION CONTACT: William W. Thompson, II, Administrator, Office of Foreign Labor Certification, Box #12–200, Employment & Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210. Telephone number: 202–513–7350 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1–877–889–5627. SUPPLEMENTARY INFORMATION: SUMMARY: H–2B Visas: Statutory Background and OFLC Process The Immigration and Nationality Act (INA) sets the annual number of aliens who may be issued H–2B visas or otherwise provided H–2B nonimmigrant status by the Department of Homeland Security (DHS) to perform temporary non-agricultural work at 66,000. Up to 33,000 H–2B visas may be issued in the first half of a fiscal year (October 1 to March 31), and the remaining semiannual allocation of 33,000 visas will be available for employers seeking to hire H–2B workers during the second half of the fiscal year (April 1 to September 30). This announcement concerns the processing of the H–2B temporary labor certification applications for the April 1–September 30, 2018 period of need. The Employment and Training Administration’s Office of Foreign Labor Certification (OFLC) process for obtaining an H–2B certification is a twostep process for employers. Employers must first file a complete and accurate Application for Temporary Employment Certification (ETA Form 9142B). PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 3189 Following review and acceptance from OFLC, the employer must then conduct recruitment of U.S. workers and file a recruitment report. The Department reviews those reports and issues final labor certification decisions to employers who comply with all regulatory requirements as they are returned to OFLC by employers. Employers granted temporary labor certification are then eligible to file a petition with the United States Citizenship and Immigration Services (USCIS) at the DHS. Process Change for Granting Temporary Labor Certification Because of the intense competition for H–2B visas in recent years, the semiannual visa allocation, and the regulatory requirement that employers apply with OFLC for a temporary labor certification 75 to 90 days before the start date of work, employers who wish to obtain visas for their workers under the semi-annual allotment for periods of need beginning from April 1–September 30, 2018, must promptly apply for a temporary labor certification and then file a petition with USCIS before the cap is reached. As a result, OFLC typically experiences a significant ‘‘spike’’ in labor certification applications at the beginning of January for temporary or seasonal jobs during the U.S.’s early spring and summer weather months. Thus, on January 1, 2017 (FY 2017), OFLC received 1,538 applications covering approximately 26,673 worker positions for a work start date of April 1, 2017; approximately 80% of the entire semi-annual visa allocation of 33,000. By contrast, on January 1, 2018, OFLC received approximately 4,498 applications covering 81,008 worker positions requesting an April 1, 2018, start date of work. This unprecedented level of employer requests for H–2B workers on January 1, 2018 is approximately three times greater than the number of applications received on January 1, 2017, and more than two and one-half times greater than the 33,000 semi-annual visa allotment for FY 2018 permitted under the INA. In previous years, OFLC processed applications as expeditiously as possible in a manner irrespective of the time of day the application was filed, only focusing on processing applications by the day they were filed. Although OFLC is working as expeditiously as possible to issue first actions, review responses to Notices of Deficiency, and issue Notices of Acceptance, the overwhelming workload this year has strained OFLC’s processing system and resulted in delays for the majority of all applications filed on January 1. OFLC E:\FR\FM\23JAN1.SGM 23JAN1 sradovich on DSK3GMQ082PROD with NOTICES 3190 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices expects the first 2,400 applications filed on January 1 (which represent approximately 40,000 worker positions) will be processed for first actions by next week, with the remainder of all filed applications processed for first actions in the weeks that follow. Employers receiving Notices of Acceptance can proceed to meet the additional regulatory requirements, including recruitment of U.S. workers and submission of recruitment reports. Employers receiving Notices of Deficiency that are corrected, and who then receive a Notice of Acceptance, can also proceed to meet the additional regulatory requirements. In order to promote fairness for employers in accessing the H–2B program and due to the unprecedented volume of applications on January 1, OFLC is making a change to its process regarding the issuance of final labor certification decisions. This process change will better reflect the sequential order in which employers filed applications. Thus, OFLC will not begin releasing certified H–2B applications (Form ETA– 9142B Application for Temporary Employment Certification) until February 20, 2018. On that day, OFLC will release certified H–2B applications that have met all regulatory requirements as of that day in sequential order based on the original calendar day and time the application was filed (i.e., receipt time). Thereafter, OFLC will continue to release certified H–2B applications in a sequential manner until all applications are released. OFLC will continue to issue rejections, withdrawals, and denials of labor certification applications in accordance with standard procedures. This process change will allow employers who filed promptly on January 1, 2018, sufficient time to meet regulatory requirements, including the recruitment and hiring of qualified and available U.S. workers, thus preserving the sequential order of filing that took place on January 1, 2018, to the extent possible. As required, OFLC will grant temporary labor certification only after the employer’s H–2B application has met all the requirements for approving labor certification under 20 CFR 655.50 and the subpart. In accordance with regulatory requirements, OFLC will send all certified H–2B applications to the employer, or the employer’s authorized attorney or agent, by means normally assuring next day delivery. Signed in Washington, DC, this 18th day of January 2018. William W. Thompson, II, Administrator, Office of Foreign Labor Certification. [FR Doc. 2018–01166 Filed 1–18–18; 4:15 pm] BILLING CODE 4510–FP–P NATIONAL SCIENCE FOUNDATION Sunshine Act Meeting; National Science Board The National Science Board, pursuant to NSF regulations (45 CFR part 614), the National Science Foundation Act, as amended (42 U.S.C. 1862n–5), and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice of the scheduling of a teleconference for the transaction of National Science Board business, as follows: Open meeting of the Executive Committee of the National Science Board, to be held Monday, January 29, 2018, from 4:00–5:00 p.m. EST. TIME AND DATE: This meeting will be held by teleconference at the National Science Foundation, 2415 Eisenhower Ave., Alexandria, VA 22314. PLACE: STATUS: Open. Committee Chair’s Opening Remarks; approval of Executive Committee Minutes of October 10, 2017; discuss issues and topics for an agenda of the NSB Meeting scheduled for February 21–22, 2018. MATTERS TO BE CONSIDERED: CONTACT PERSON FOR MORE INFORMATION: Point of contact for this meeting is: James Hamos, 2415 Eisenhower Ave., Alexandria, VA 22314. Telephone: (703) 292–8000. You may find meeting information and updates (time, place, subject matter or status of meeting) at http:// www.nsf.gov/nsb/meetings/notices.jsp #sunshine. An audio listening line will be available for the public. Members of the public must contact the Board Office to request the number by sending an email to nationalsciencebrd@nsf.gov at least 24 hours prior to the teleconference. SUPPLEMENTARY INFORMATION: Chris Blair, Executive Assistant to the NSB Office. [FR Doc. 2018–01303 Filed 1–19–18; 4:15 pm] BILLING CODE 7555–01–P VerDate Sep<11>2014 17:59 Jan 22, 2018 Jkt 244001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 NEIGHBORHOOD REINVESTMENT CORPORATION Regular Board of Directors Meeting; Sunshine Act 1:00 p.m., Wednesday, February 14, 2018. PLACE: NeighborWorks America— Gramlich Boardroom, 999 North Capitol Street NE, Washington DC 20002. STATUS: Open (with the exception of Executive Sessions). CONTACT PERSON: Rutledge Simmons, Acting EVP & General Counsel/ Secretary, (202) 760–4105; RSimmons@ nw.org. TIME AND DATE: AGENDA I. Call to Order II. Approval of Minutes III. Executive Session: External Audit Presentation IV. Executive Session: CEO Search Update V. Executive Session: Internal Audit Update VI. Executive Session: Report from Interim CEO VII. Approval of External Audit VIII. Approval of LIFT Funding Increase IX. CMS Next Generation X. Management Program Background and Updates XI. Adjournment The General Counsel of the Corporation has certified that in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552(b)(2) and (4) permit closure of the following portion(s) of this meeting: • External Audit Update • Audit Committee Report • Report from CEO Rutledge Simmons, Acting EVP & General Counsel/Corporate Secretary. [FR Doc. 2018–01280 Filed 1–19–18; 4:15 pm] BILLING CODE 7570–02–P NUCLEAR REGULATORY COMMISSION [NRC–2018–0001] Sunshine Act Meeting Notice Weeks of January 22, 29, February 5, 12, 19, 26, 2018. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. DATES: E:\FR\FM\23JAN1.SGM 23JAN1

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[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3189-3190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01166]


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DEPARTMENT OF LABOR

Employment and Training Administration


Labor Certification Process for the Temporary Employment of 
Aliens in Non-Agricultural Employment in the United States

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Employment and Training Administration (ETA) of the 
Department of Labor (Department) is issuing this notice to announce to 
employers and other interested stakeholders about a process change to 
better assure fairness regarding the issuance of H-2B temporary labor 
certifications due to the unprecedented volume of applications received 
on January 1, 2018.

FOR FURTHER INFORMATION CONTACT: William W. Thompson, II, 
Administrator, Office of Foreign Labor Certification, Box #12-200, 
Employment & Training Administration, U.S. Department of Labor, 200 
Constitution Avenue NW, Washington, DC 20210. Telephone number: 202-
513-7350 (this is not a toll-free number).
    Individuals with hearing or speech impairments may access the 
telephone number above via TTY by calling the toll-free Federal 
Information Relay Service at 1-877-889-5627.

SUPPLEMENTARY INFORMATION: 

H-2B Visas: Statutory Background and OFLC Process

    The Immigration and Nationality Act (INA) sets the annual number of 
aliens who may be issued H-2B visas or otherwise provided H-2B 
nonimmigrant status by the Department of Homeland Security (DHS) to 
perform temporary non-agricultural work at 66,000. Up to 33,000 H-2B 
visas may be issued in the first half of a fiscal year (October 1 to 
March 31), and the remaining semi-annual allocation of 33,000 visas 
will be available for employers seeking to hire H-2B workers during the 
second half of the fiscal year (April 1 to September 30). This 
announcement concerns the processing of the H-2B temporary labor 
certification applications for the April 1-September 30, 2018 period of 
need.
    The Employment and Training Administration's Office of Foreign 
Labor Certification (OFLC) process for obtaining an H-2B certification 
is a two-step process for employers. Employers must first file a 
complete and accurate Application for Temporary Employment 
Certification (ETA Form 9142B). Following review and acceptance from 
OFLC, the employer must then conduct recruitment of U.S. workers and 
file a recruitment report. The Department reviews those reports and 
issues final labor certification decisions to employers who comply with 
all regulatory requirements as they are returned to OFLC by employers. 
Employers granted temporary labor certification are then eligible to 
file a petition with the United States Citizenship and Immigration 
Services (USCIS) at the DHS.

Process Change for Granting Temporary Labor Certification

    Because of the intense competition for H-2B visas in recent years, 
the semi-annual visa allocation, and the regulatory requirement that 
employers apply with OFLC for a temporary labor certification 75 to 90 
days before the start date of work, employers who wish to obtain visas 
for their workers under the semi-annual allotment for periods of need 
beginning from April 1-September 30, 2018, must promptly apply for a 
temporary labor certification and then file a petition with USCIS 
before the cap is reached. As a result, OFLC typically experiences a 
significant ``spike'' in labor certification applications at the 
beginning of January for temporary or seasonal jobs during the U.S.'s 
early spring and summer weather months.
    Thus, on January 1, 2017 (FY 2017), OFLC received 1,538 
applications covering approximately 26,673 worker positions for a work 
start date of April 1, 2017; approximately 80% of the entire semi-
annual visa allocation of 33,000. By contrast, on January 1, 2018, OFLC 
received approximately 4,498 applications covering 81,008 worker 
positions requesting an April 1, 2018, start date of work. This 
unprecedented level of employer requests for H-2B workers on January 1, 
2018 is approximately three times greater than the number of 
applications received on January 1, 2017, and more than two and one-
half times greater than the 33,000 semi-annual visa allotment for FY 
2018 permitted under the INA. In previous years, OFLC processed 
applications as expeditiously as possible in a manner irrespective of 
the time of day the application was filed, only focusing on processing 
applications by the day they were filed. Although OFLC is working as 
expeditiously as possible to issue first actions, review responses to 
Notices of Deficiency, and issue Notices of Acceptance, the 
overwhelming workload this year has strained OFLC's processing system 
and resulted in delays for the majority of all applications filed on 
January 1. OFLC

[[Page 3190]]

expects the first 2,400 applications filed on January 1 (which 
represent approximately 40,000 worker positions) will be processed for 
first actions by next week, with the remainder of all filed 
applications processed for first actions in the weeks that follow.
    Employers receiving Notices of Acceptance can proceed to meet the 
additional regulatory requirements, including recruitment of U.S. 
workers and submission of recruitment reports. Employers receiving 
Notices of Deficiency that are corrected, and who then receive a Notice 
of Acceptance, can also proceed to meet the additional regulatory 
requirements. In order to promote fairness for employers in accessing 
the H-2B program and due to the unprecedented volume of applications on 
January 1, OFLC is making a change to its process regarding the 
issuance of final labor certification decisions. This process change 
will better reflect the sequential order in which employers filed 
applications. Thus, OFLC will not begin releasing certified H-2B 
applications (Form ETA-9142B Application for Temporary Employment 
Certification) until February 20, 2018. On that day, OFLC will release 
certified H-2B applications that have met all regulatory requirements 
as of that day in sequential order based on the original calendar day 
and time the application was filed (i.e., receipt time). Thereafter, 
OFLC will continue to release certified H-2B applications in a 
sequential manner until all applications are released. OFLC will 
continue to issue rejections, withdrawals, and denials of labor 
certification applications in accordance with standard procedures. This 
process change will allow employers who filed promptly on January 1, 
2018, sufficient time to meet regulatory requirements, including the 
recruitment and hiring of qualified and available U.S. workers, thus 
preserving the sequential order of filing that took place on January 1, 
2018, to the extent possible.
    As required, OFLC will grant temporary labor certification only 
after the employer's H-2B application has met all the requirements for 
approving labor certification under 20 CFR 655.50 and the subpart. In 
accordance with regulatory requirements, OFLC will send all certified 
H-2B applications to the employer, or the employer's authorized 
attorney or agent, by means normally assuring next day delivery.

     Signed in Washington, DC, this 18th day of January 2018.
William W. Thompson, II,
Administrator, Office of Foreign Labor Certification.
[FR Doc. 2018-01166 Filed 1-18-18; 4:15 pm]
 BILLING CODE 4510-FP-P