83 FR 30977 - Assignment and Processing of Labor Certification Applications for the Temporary Employment of Aliens in Non-Agricultural Employment in the United States

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 83, Issue 127 (July 2, 2018)

Page Range		30977-30978
FR Document		2018-14207

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.

Federal Register, Volume 83 Issue 127 (Monday, July 2, 2018)

[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Notices]
[Pages 30977-30978]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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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

30978 Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices

should file at 12:00:00.000 a.m. ET on DATES: The OMB will consider all to penalty for failing to comply with a
July 3, 2018; not 12:00:00.000 a.m. in written comments that agency receives collection of information that does not
any other time zone in which that on or before August 1, 2018. display a valid Control Number. See 5
person is located on July 3, 2018. ADDRESSES: A copy of this ICR with CFR 1320.5(a) and 1320.6. The DOL
As noted above, receipt time will be applicable supporting documentation; obtains OMB approval for this
measured to the millisecond. The including a description of the likely information collection under Control
following examples help illustrate how respondents, proposed frequency of Number 1218–0225.
the receipt date and time will be response, and estimated total burden The DOL seeks to extend PRA
recorded on H–2B applications filed may be obtained free of charge from the authorization for this information
with OFLC: RegInfo.gov website at http:// collection for three (3) more years,
• An H–2B application filed and www.reginfo.gov/public/do/ without any change to existing
received on July 3, 2018 at 12:00:00.000 PRAViewICR?ref_nbr=201804-1218-002 requirements. The DOL notes that
a.m. ET will be stamped with a receipt (this link will only become active as of existing information collection
date and time of July 3, 2018 at June 30, 2018) or by contacting Michel requirements submitted to the OMB
12:00:00.000 a.m. ET; Smyth by telephone at 202–693–4129, receive a month-to-month extension
• An H–2B application filed and TTY 202–693–8064, (these are not toll- while they undergo review. For
received on July 3, 2018 at 12:00:00.000 free numbers) or by email at DOL_PRA_ additional substantive information
a.m. Pacific Time (PT) will be stamped PUBLIC@dol.gov. about this ICR, see the related notice
with a receipt date and time of July 3, Submit comments about this request published in the Federal Register on
2018 at 3:00:00.000 a.m. ET; by mail to the Office of Information and January 12, 2018 (83 FR 1632).
Regulatory Affairs, Attn: OMB Desk Interested parties are encouraged to
• An H–2B application filed and
Officer for DOL–OSHA, Office of send comments to the OMB, Office of
received on July 2, 2018 at 9:00:00.000
Management and Budget, Room 10235, Information and Regulatory Affairs at
p.m. PT will be stamped with a receipt
725 17th Street NW, Washington, DC the address shown in the ADDRESSES
date and time of July 3, 2018 at
20503; by Fax: 202–395–5806 (this is section within thirty (30) days of
12:00:00.000 a.m. ET;
not a toll-free number); or by email: publication of this notice in the Federal
• An H–2B application filed and Register. In order to help ensure
received on January 1, 2019 at OIRA_submission@omb.eop.gov.
Commenters are encouraged, but not appropriate consideration, comments
12:00:00.000 a.m. Central Time (CT) should mention OMB Control Number
will be stamped with a receipt date and required, to send a courtesy copy of any
comments by mail or courier to the U.S. 1218–0225. The OMB is particularly
time of January 1, 2019 at 1:00:00.000 interested in comments that:
a.m. ET; and Department of Labor-OASAM, Office of
the Chief Information Officer, Attn: • Evaluate whether the proposed
• An H–2B application filed and collection of information is necessary
received on December 31, 2018 at Departmental Information Compliance
Management Program, Room N1301, for the proper performance of the
11:00:00.000 p.m. CT will be stamped functions of the agency, including
with a receipt date and time of January 200 Constitution Avenue NW,
Washington, DC 20210; or by email: whether the information will have
1, 2019 at 12:00:00.000 a.m. ET. practical utility;
DOL_PRA_PUBLIC@dol.gov.
Dated: June 27, 2018. • Evaluate the accuracy of the
FOR FURTHER INFORMATION CONTACT:
Nancy Rooney, agency’s estimate of the burden of the
Michel Smyth by telephone at 202–693–
Deputy Assistant Secretary for Employment proposed collection of information,
4129, TTY 202–693–8064, (these are not
and Training, Labor. including the validity of the
toll-free numbers) or by email at DOL_
[FR Doc. 2018–14207 Filed 6–29–18; 8:45 am] methodology and assumptions used;
PRA_PUBLIC@dol.gov. • Enhance the quality, utility, and
BILLING CODE 4510–FP–P SUPPLEMENTARY INFORMATION: This ICR clarity of the information to be
seeks to extend PRA authority for the collected; and
Telecommunications Standard • Minimize the burden of the
DEPARTMENT OF LABOR information collection. Regulations 29 collection of information on those who
Office of the Secretary CFR 1910.268(c) establishes the are to respond, including through the
information collection requirements of use of appropriate automated,
Agency Information Collection the Telecommunications Standard and electronic, mechanical, or other
Activities; Submission for OMB makes it mandatory for an employer to technological collection techniques or
Review; Comment Request; generate and maintain training other forms of information technology,
Telecommunications Standard certification records for all workers e.g., permitting electronic submission of
covered by the Standard. Occupational responses.
ACTION:Notice of availability; request Safety and Health Act of 1970 sections Agency: DOL–OSHA.
for comments. 2(b)(9) and 8(c) authorize this Title of Collection:
information collection. See 29 U.S.C. Telecommunications Standard.
SUMMARY: On June 29, 2018, the 651(b)(9), 657(c). OMB Control Number: 1218–0225.
Department of Labor will submit the This information collection is subject Affected Public: Private Sector—
Occupational Safety and Health to the PRA. A Federal agency generally businesses or other for-profits.
Administration (OSHA) sponsored cannot conduct or sponsor a collection Total Estimated Number of
information collection request (ICR) of information, and the public is Respondents: 35,742.
daltland on DSKBBV9HB2PROD with NOTICES

titled, ‘‘Telecommunications Standard,’’ generally not required to respond to an Total Estimated Number of
to the Office of Management and Budget information collection, unless it is Responses: 252,888.
(OMB) for review and approval for approved by the OMB under the PRA Total Estimated Annual Time Burden:
continued use, without change, in and displays a currently valid OMB 5,349 hours.
accordance with the Paperwork Control Number. In addition, Total Estimated Annual Other Costs
Reduction Act of 1995 (PRA). Public notwithstanding any other provisions of Burden: $0.
comments on the ICR are invited. law, no person shall generally be subject Authority: 44 U.S.C. 3507(a)(1)(D).

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Document Created: 2018-06-30 00:18:16
Document Modified: 2018-06-30 00:18:16

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
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.
FR Citation		83 FR 30977

83 FR 30977 - Assignment and Processing of Labor Certification Applications for the Temporary Employment of Aliens in Non-Agricultural Employment in the United States

DEPARTMENT OF LABOREmployment and Training Administration

Federal Register Volume 83, Issue 127 (July 2, 2018)

DEPARTMENT OF LABOR
Employment and Training Administration