Mark A Ivener, A Law Corporation

DOL Updates Guidance on H-2B Labor Certification for Nonagricultural Workers

The Department of Labor has released updated guidance for State Workforce Agencies (SWAs) and Employment and Training Administration National Processing Centers (NPCs) on processing H-2B applications in nonagricultural occupations.

On April 4, 2007, the Department issued TEGL 21-06, which updated procedures for SWAs and NPCs to use in the processing of temporary labor certification applications under the H-2B program. The Department then held two public briefing sessions in Chicago and Atlanta on May 1 and May 4, 2007, to inform employers and other stakeholders of the updated processing guidance contained in TEGL 21-06. The attendees raised important questions and concerns, and the Department issued new guidance to outline certain modifications to TEGL 21-06 as a formal response to the issues raised and to improve the processing of H-2B applications by the SWAs and NPCs.

In the guidance, the Department reminds employers and other stakeholders of their right to request review of an SWA prevailing wage determination by the NPC; provides notification that the NPCs will no longer accept incomplete applications for processing from the SWAs; establishes a process for NPC Certifying Officers to issue a Request for Information (RFI) in certain circumstances; outlines the conditions under which NPC Certifying Officers may grant a partial temporary labor certification to an employer; and advises employers of the right to file a new application in circumstances where the NPC Certifying Officer issues a notice that a certification is denied. These modifications replace and supersede the previous corresponding operating procedures issued under TEGL 21-06, and apply to all pending and new temporary labor certification applications received by the SWAs on or after June 1, 2007.

Updated Guidance (PDF)
Fact Sheet

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Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.