Training for state foreign labor certification staff

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2006/TEGL06-06_508.pdf

CLASSIFICATION
       U.S. DEPARTMENT OF LABOR                              Foreign Labor Certification
   EMPLOYMENT AND TRAINING ADMINISTRATION                    CORRESPONDENCE SYMBOL
             ADVISORY SYSTEM                                 OFLC
             Washington, D.C. 20210                          ISSUE DATE
                                                             September 29, 2006

ADVISORY: FOREIGN LABOR CERTIFICATION
          TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 6-06

TO:            OFLC-NATIONAL PROCESSING CENTER DIRECTORS
               STATE WORKFORCE AGENCY DIRECTORS

FROM:          EMILY STOVER DeROCCO /s/
               Assistant Secretary

SUBJECT:       Foreign Labor Certification National Training for State Workforce Agencies on Standards
               Governing Review of Temporary Program Applications and Determining Prevailing Wage
               Rates

1. Purpose. To notify State Workforce Agencies (SWAs) of training on foreign labor
   certification programs being offered by ETA in early December 2006. The training
   opportunity will update SWA staff on policy guidance regarding prevailing wage
   determinations, discuss the transition to processing temporary labor certification applications
   through the National Processing Centers (NPCs), and reinforce standards and timeframes for
   the review and preparation of employer applications for temporary labor certification.

2. References. 20 CFR Parts 655 (temporary labor certification) and 656 (permanent labor
   certification); Employment and Training Administration, Prevailing Wage Determination
   Policy Guidance, Nonagricultural Immigration Programs (revised May 9, 2005); ETA
   Handbook 3-85.

3. Background. ETA has previously offered foreign labor certification training to the SWAs.
   Important changes have taken place since then, including new regulations and Departmental
   guidance with respect to the calculation and processing of prevailing wage determinations
   required for labor certification applications, and the centralization of processing temporary
   program applications from ETA regional offices to two NPCs.

   Transition from regional to national processing; promoting efficiency and standardization.
   In July 2005, processing activities for the H-2A and H-2B temporary labor certification
   programs were transferred from ETA regional offices to the Office of Foreign Labor
   Certification (OFLC) NPCs in Atlanta and Chicago. It was not possible to offer
   comprehensive training to the SWAs during this transition period. During this past year, the
   OFLC sought to ensure a seamless transition to centralized processing by adopting interim
 RESCISSIONS:                                               EXPIRATION DATE:
                                                            December 31, 2006

   measures, in part to accommodate and hold employers harmless for the variations in
   processing practices that state and regional offices had observed in the past, and which, in
   some cases, did not become evident until the centralized processing effort was implemented.

   Because the SWAs are key stakeholders in the filing, preparation, and review of foreign labor
   certification applications in the temporary programs and as they continue to play a critical
   role in prevailing wage determinations for both temporary and permanent labor certification
   programs, the OFLC is offering updated training designed to discuss and address important
   application processing and prevailing wage determination issues with the SWAs that will
   continuously improve the processing of applications.

   Guidance on the processing of prevailing wage determination requests. In addition, the
   new Program Electronic Review Management (PERM) regulation reconfigured the state role
   in permanent labor certification to providing prevailing wage determinations. Legislation
   also modified our existing protocols for making prevailing wage determinations. This
   session will provide updated materials and guidance to state staff on the new process and
   wage structure.

   Performance and customer service. Greater consistency in SWA knowledge and practices
   will tangibly improve performance and customer service both at the state and Federal levels.

4. Date and Place. OFLC plans to provide SWA training in San Antonio, Texas, during the
   first week in December. We are expecting the training to take two days. SWAs will receive,
   under separate cover, information on the specific dates for training, reservation procedures,
   and reimbursement of necessary expenses incurred as a result of participating in the training.

5. Action Required. SWA administrators are asked to identify two (2) staff members to attend
   the training. One should be the person directly responsible for either processing or
   overseeing the processing of temporary foreign labor certification applications. The second
   staff person should be directly responsible for either processing or overseeing the processing
   of prevailing wage determinations. Attendees are expected to train other SWA staff upon
   their return.

6. Inquiries. Please direct inquiries by contacting the Office of Foreign Labor Certification at
   (202) 693-3010.