Assignment and Processing of Labor Certification Applications for the Temporary Employment of Aliens in Non-Agricultural Employment in the United States, 30977-30978 [2018-14207]

Download as PDF Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices Primary: Individuals (supervisors, peers, subordinates). Abstract: This form will primarily be used to collect applicant reference information. Reference checking is an objective evaluation of an applicant’s past job performance based on information collected from key individuals (e.g., supervisors, peers, subordinates) who have known and worked with the applicant. Reference checking is a necessary supplement to the evaluation of resumes and other descriptions of training and experience, and allows the selecting official to hire applicants with a strong history of performance. The questions on this form have been developed following the OPM, MSPB, and DOJ ‘‘Best Practice’’ guidelines for reference checking. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 1,500 respondents will respond to the form, and it will take approximately 15–20 minutes to record their responses on the form. (6) An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 500 hours, which is equal to 1,500 (total # of annual responses) * 20 minutes. If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530. Dated: June 25, 2018. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2018–13905 Filed 6–29–18; 8:45 am] BILLING CODE 4410–04–P DEPARTMENT OF LABOR Employment and Training Administration daltland on DSKBBV9HB2PROD with NOTICES Assignment and Processing of Labor Certification Applications 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 Department of Labor’s Office of Foreign Labor Certification (OFLC) is making this announcement to inform employers and other interested SUMMARY: VerDate Sep<11>2014 17:40 Jun 29, 2018 Jkt 244001 stakeholders how H–2B Applications for Temporary Employment Certification, Form ETA–9142B, filed by employers on or after July 3, 2018, will be assigned to staff. FOR FURTHER INFORMATION CONTACT: William W. Thompson, II, Administrator, Office of Foreign Labor Certification, Employment & Training Administration, U.S. Department of Labor, Room 12–200, 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: I. Background OFLC continues to experience significant increases in the number of H–2B applications requesting temporary labor certification, and those submissions are generally received on the earliest day employers, seeking to obtain visas for their workers under the semi-annual allotments, are permitted by regulation to file (i.e., 75 to 90 days before the start date of work). For example, in the past several second-half semi-annual filing cycles, the overwhelming majority of H–2B applications were received on January 1, which is the earliest date on which an H–2B application may be filed for a period of need beginning on April 1. Because of the intense competition for H–2B visas in recent years, the semiannual visa allocation, and the regulatory timeframes for filing a request for temporary labor certification, stakeholders have also raised questions regarding the earliest time of day on which an application can be submitted to OFLC. In order to process the significant surge of applications that OFLC expects to receive in a short period of time during the semi-annual visa allotment periods in a more equitable manner and to clarify the time at which an application is received, OFLC will be implementing the following procedures. II. Process Announcement For H–2B applications filed on or after July 3, 2018, OFLC will sequentially assign H–2B applications to analysts based on the calendar date and time on which the applications are received (i.e., receipt date and time). Receipt time will be measured to the millisecond, e.g., 12:00:00.000 a.m. OFLC’s technology servers are located in the Eastern Time Zone; therefore, the PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 30977 time an application is received and assigned to analysts is based on Eastern Time (ET). Applications submitted from other time zones may be filed as early as 12:00:00.000 a.m. ET, as discussed below. Once assigned, the analysts will initiate review of each H–2B application in the order of receipt date and time, and in accordance with 20 CFR 655.30. Based on the analyst’s review, the Certifying Officer (CO) will authorize issuance of either a Notice of Acceptance (NOA) under 20 CFR 655.33 or a Notice of Deficiency (NOD) under 20 CFR 655.31. Following issuance of NOAs and/or NODs, the applications will be processed as each successive stage in the process is completed. Employers receiving NOAs may proceed to meet the additional regulatory requirements, including recruitment of U.S. workers and submission of recruitment reports. Employers receiving NODs must correct any deficiencies and then receive a NOA before proceeding to meet the additional regulatory requirements. As a result, for each application, analysts’ review of NOD responses and recruitment reports, and issuance of final decisions (certifications and denials) will follow in the order in which each sequential step required by the regulations is concluded, irrespective of the receipt time of the application. 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 applicant by means normally assuring next day delivery. OFLC will issue rejections, withdrawals, and denials of labor certification applications as each determination is made by the CO. III. Instructive Examples Related to Time Zones Applicants wishing to file their H–2B applications at the earliest possible time may begin filing at 12:00:00.000 a.m. ET on the appropriate calendar day. As noted above, application receipt time is based upon ET. Receipt time is not based on the time zone covering the geographic location in which the applicant is filing, nor is it based on the time zone covering the geographic location in which the job is located. For example, applicants seeking to file an H–2B application from a location outside the Eastern Time Zone at the earliest possible filing time for the firsthalf semi-annual filing cycle of FY 2019 E:\FR\FM\02JYN1.SGM 02JYN1 30978 Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices should file at 12:00:00.000 a.m. ET on July 3, 2018; not 12:00:00.000 a.m. in any other time zone in which that person is located on July 3, 2018. As noted above, receipt time will be measured to the millisecond. The following examples help illustrate how the receipt date and time will be recorded on H–2B applications filed with OFLC: • An H–2B application filed and received on July 3, 2018 at 12:00:00.000 a.m. ET will be stamped with a receipt date and time of July 3, 2018 at 12:00:00.000 a.m. ET; • An H–2B application filed and received on July 3, 2018 at 12:00:00.000 a.m. Pacific Time (PT) will be stamped with a receipt date and time of July 3, 2018 at 3:00:00.000 a.m. ET; • An H–2B application filed and received on July 2, 2018 at 9:00:00.000 p.m. PT will be stamped with a receipt date and time of July 3, 2018 at 12:00:00.000 a.m. ET; • An H–2B application filed and received on January 1, 2019 at 12:00:00.000 a.m. Central Time (CT) will be stamped with a receipt date and time of January 1, 2019 at 1:00:00.000 a.m. ET; and • An H–2B application filed and received on December 31, 2018 at 11:00:00.000 p.m. CT will be stamped with a receipt date and time of January 1, 2019 at 12:00:00.000 a.m. ET. Dated: June 27, 2018. Nancy Rooney, Deputy Assistant Secretary for Employment and Training, Labor. [FR Doc. 2018–14207 Filed 6–29–18; 8:45 am] BILLING CODE 4510–FP–P DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Telecommunications Standard Notice of availability; request for comments. ACTION: On June 29, 2018, the Department of Labor will submit the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ‘‘Telecommunications Standard,’’ to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited. daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:40 Jun 29, 2018 Jkt 244001 The OMB will consider all written comments that agency receives on or before August 1, 2018. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov website at http:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201804-1218-002 (this link will only become active as of June 30, 2018) or by contacting Michel Smyth by telephone at 202–693–4129, TTY 202–693–8064, (these are not tollfree numbers) or by email at DOL_PRA_ PUBLIC@dol.gov. Submit comments about this request by mail to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL–OSHA, Office of Management and Budget, Room 10235, 725 17th Street NW, Washington, DC 20503; by Fax: 202–395–5806 (this is not a toll-free number); or by email: OIRA_submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW, Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202–693– 4129, TTY 202–693–8064, (these are not toll-free numbers) or by email at DOL_ PRA_PUBLIC@dol.gov. SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for the Telecommunications Standard information collection. Regulations 29 CFR 1910.268(c) establishes the information collection requirements of the Telecommunications Standard and makes it mandatory for an employer to generate and maintain training certification records for all workers covered by the Standard. Occupational Safety and Health Act of 1970 sections 2(b)(9) and 8(c) authorize this information collection. See 29 U.S.C. 651(b)(9), 657(c). This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject DATES: PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1218–0225. The DOL seeks to extend PRA authorization for this information collection for three (3) more years, without any change to existing requirements. The DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. For additional substantive information about this ICR, see the related notice published in the Federal Register on January 12, 2018 (83 FR 1632). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1218–0225. The OMB is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: DOL–OSHA. Title of Collection: Telecommunications Standard. OMB Control Number: 1218–0225. Affected Public: Private Sector— businesses or other for-profits. Total Estimated Number of Respondents: 35,742. Total Estimated Number of Responses: 252,888. Total Estimated Annual Time Burden: 5,349 hours. Total Estimated Annual Other Costs Burden: $0. Authority: 44 U.S.C. 3507(a)(1)(D). E:\FR\FM\02JYN1.SGM 02JYN1

Agencies

[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Notices]
[Pages 30977-30978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14207]


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DEPARTMENT OF LABOR

Employment and Training Administration


Assignment and Processing of Labor Certification Applications 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 Department of Labor's Office of Foreign Labor 
Certification (OFLC) is making this announcement to inform employers 
and other interested stakeholders how H-2B Applications for Temporary 
Employment Certification, Form ETA-9142B, filed by employers on or 
after July 3, 2018, will be assigned to staff.

FOR FURTHER INFORMATION CONTACT: William W. Thompson, II, 
Administrator, Office of Foreign Labor Certification, Employment & 
Training Administration, U.S. Department of Labor, Room 12-200, 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:

I. Background

    OFLC continues to experience significant increases in the number of 
H-2B applications requesting temporary labor certification, and those 
submissions are generally received on the earliest day employers, 
seeking to obtain visas for their workers under the semi-annual 
allotments, are permitted by regulation to file (i.e., 75 to 90 days 
before the start date of work). For example, in the past several 
second-half semi-annual filing cycles, the overwhelming majority of H-
2B applications were received on January 1, which is the earliest date 
on which an H-2B application may be filed for a period of need 
beginning on April 1. Because of the intense competition for H-2B visas 
in recent years, the semi-annual visa allocation, and the regulatory 
timeframes for filing a request for temporary labor certification, 
stakeholders have also raised questions regarding the earliest time of 
day on which an application can be submitted to OFLC. In order to 
process the significant surge of applications that OFLC expects to 
receive in a short period of time during the semi-annual visa allotment 
periods in a more equitable manner and to clarify the time at which an 
application is received, OFLC will be implementing the following 
procedures.

II. Process Announcement

    For H-2B applications filed on or after July 3, 2018, OFLC will 
sequentially assign H-2B applications to analysts based on the calendar 
date and time on which the applications are received (i.e., receipt 
date and time). Receipt time will be measured to the millisecond, e.g., 
12:00:00.000 a.m. OFLC's technology servers are located in the Eastern 
Time Zone; therefore, the time an application is received and assigned 
to analysts is based on Eastern Time (ET). Applications submitted from 
other time zones may be filed as early as 12:00:00.000 a.m. ET, as 
discussed below.
    Once assigned, the analysts will initiate review of each H-2B 
application in the order of receipt date and time, and in accordance 
with 20 CFR 655.30. Based on the analyst's review, the Certifying 
Officer (CO) will authorize issuance of either a Notice of Acceptance 
(NOA) under 20 CFR 655.33 or a Notice of Deficiency (NOD) under 20 CFR 
655.31. Following issuance of NOAs and/or NODs, the applications will 
be processed as each successive stage in the process is completed. 
Employers receiving NOAs may proceed to meet the additional regulatory 
requirements, including recruitment of U.S. workers and submission of 
recruitment reports. Employers receiving NODs must correct any 
deficiencies and then receive a NOA before proceeding to meet the 
additional regulatory requirements. As a result, for each application, 
analysts' review of NOD responses and recruitment reports, and issuance 
of final decisions (certifications and denials) will follow in the 
order in which each sequential step required by the regulations is 
concluded, irrespective of the receipt time of the application.
    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 applicant by means normally assuring next day 
delivery. OFLC will issue rejections, withdrawals, and denials of labor 
certification applications as each determination is made by the CO.

III. Instructive Examples Related to Time Zones

    Applicants wishing to file their H-2B applications at the earliest 
possible time may begin filing at 12:00:00.000 a.m. ET on the 
appropriate calendar day. As noted above, application receipt time is 
based upon ET. Receipt time is not based on the time zone covering the 
geographic location in which the applicant is filing, nor is it based 
on the time zone covering the geographic location in which the job is 
located. For example, applicants seeking to file an H-2B application 
from a location outside the Eastern Time Zone at the earliest possible 
filing time for the first-half semi-annual filing cycle of FY 2019

[[Page 30978]]

should file at 12:00:00.000 a.m. ET on July 3, 2018; not 12:00:00.000 
a.m. in any other time zone in which that person is located on July 3, 
2018.
    As noted above, receipt time will be measured to the millisecond. 
The following examples help illustrate how the receipt date and time 
will be recorded on H-2B applications filed with OFLC:
     An H-2B application filed and received on July 3, 2018 at 
12:00:00.000 a.m. ET will be stamped with a receipt date and time of 
July 3, 2018 at 12:00:00.000 a.m. ET;
     An H-2B application filed and received on July 3, 2018 at 
12:00:00.000 a.m. Pacific Time (PT) will be stamped with a receipt date 
and time of July 3, 2018 at 3:00:00.000 a.m. ET;
     An H-2B application filed and received on July 2, 2018 at 
9:00:00.000 p.m. PT will be stamped with a receipt date and time of 
July 3, 2018 at 12:00:00.000 a.m. ET;
     An H-2B application filed and received on January 1, 2019 
at 12:00:00.000 a.m. Central Time (CT) will be stamped with a receipt 
date and time of January 1, 2019 at 1:00:00.000 a.m. ET; and
     An H-2B application filed and received on December 31, 
2018 at 11:00:00.000 p.m. CT will be stamped with a receipt date and 
time of January 1, 2019 at 12:00:00.000 a.m. ET.

    Dated: June 27, 2018.
Nancy Rooney,
Deputy Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2018-14207 Filed 6-29-18; 8:45 am]
 BILLING CODE 4510-FP-P