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)

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, 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