Announcement of the Mailing Addresses for Applications Not Filed Electronically Under the New Permanent Foreign Labor Certification (PERM) Program
The regulation to implement the re-engineered permanent foreign labor certification program (PERM) was published in the Federal Register on December 27, 2004, with an effective date of March 28, 2005. See 69 FR 77326. The Employment and Training Administration (ETA) of the Department of Labor (Department or DOL) is issuing this notice to announce the mailing addresses for employers that choose to file applications by mail under the new permanent foreign labor certification program. The Department encourages employers to file applications electronically as applications submitted by mail will not be processed as quickly as those filed electronically. As of December 13, 2004, the Department opened two new National Processing Centers in Atlanta and Chicago. The National Processing Centers will handle permanent labor certification cases filed under the PERM system. In addition, these centers will process all applications that are withdrawn from the current permanent labor certification program and re-filed under the new PERM program.
Trade Adjustment Assistance Program; Designation of Certifying Officers
The trade adjustment assistance program operates under the Trade Act of 1974 to furnish program benefits to domestic workers adversely affected in their employment by imports of articles which are like or are directly competitive with articles produced by the firm employing the workers. The Trade Adjustment Assistance Reform Act of 2002 amended the Trade Act of 1974, to extend eligibility to those workers whose firm shifted production to certain foreign countries; to workers of upstream supplier firms selling components to firms whose workers have received a certification of eligibility to apply for trade adjustment assistance; to workers of downstream producer firms engaged in assembly or finishing for firms whose workers have received a certification of eligibility to apply for trade adjustment assistance based on a shift in production or increased imports from Mexico or Canada; and added the program option of alternative trade adjustment assistance for older workers over age 50 years. Workers become eligible for program benefits only if the worker group is certified under the Act as eligible to apply for adjustment assistance and/or alternative trade adjustment assistance. From time to time the agency issues an Order designating or redesignating officials of the agency authorized to act as certifying officers, responsible for reviewing and signing adjustment assistance determinations. Employment and Training Order No. 1-05, was issued to revise the listing of officials designated as certifying officers, superseding the previous Order. Employment and Training Order No. 1-05, is published below.
Post-Adjudication Audits of H-2B Petitions in All Occupations Other Than Excepted Occupations in the United States
An H-2B nonimmigrant is admitted temporarily to the United States to perform temporary nonagricultural labor or services. The Department of Labor's Employment and Training Administration (DOL or ETA) and the Department of Homeland Security (DHS) simultaneously are proposing changes to the procedures for the issuance of H-2B visas. Under this proposed rule, H-2B petitions filed with DHS, with the exception of workers in logging, the entertainment industry, or professional athletics, will require employers to satisfy specific attestations concerning labor market issues. These attestations have been developed by the DOL and are included in this rule and are incorporated in the DHS regulation. In addition, the DOL will receive information on petitions that have been approved and received final adjudication from the DHS. The DOL will be conducting post-adjudication audits of attestations submitted in support of selected approved H-2B petitions received from the DHS.