1. U.S. DEPARTMENT OF LABOR Employment & Training Administration Internal Use Only - For OFLC Training1 The Role of the U.S. Department of Labor and the CNMI Department of Labor under Federal Immigration Law March 2010

2. Internal Use Only - For OFLC Training 2  Provide an overview of USDOL’s immigration programs  Explain role of CNMI DOL in Federal immigration programs  Provide resources and materials The Role of USDOL and CNMI DOL under Federal Immigration Law Agenda/Objectives

3. Internal Use Only - For OFLC Training 3 Play/Pause Forward & Back Skip Ahead Volume Control Attachments Table of Contents On/Off Notes Tab Search Tab U.S. DEPARTMENT OF LABOR Employment & Training Administration Outline Tab Thumb Tab

4. Executive Branch Departments Responsible for Immigration Department of Labor ETA OFLC Department of State Consular Affairs Department of Homeland Security USCIS USICE USCBP Coast Guard Department of Justice FBIEOIR

5. Internal Use Only - For OFLC Training 5 Role of USDOL  The Immigration and Nationality Act requires the Secretary of Labor, in certain employment based programs, to determine and certify that : there are not sufficient workers who are able, willing, qualified and available at the time of application for a visa and admission to the United States and at the place where the foreign worker is to perform such skilled or unskilled labor, and the employment of such foreign worker will not adversely affect the wages and working conditions of workers in the United States similarly employed.

6. Internal Use Only - For OFLC Training 6 Visa Types  Immigrant Visas (Permanent) Employment based categories 2 & 3 require USDOL  Nonimmigrant Visas (Temporary) USDOL is involved in:  H-1B -- professional workers  E-3 -- professional workers from Australia  H-1B1 -- professional workers from Chili and Singapore  H-2B -- temporary non-agricultural workers  H-2A -- seasonal agricultural workers  H-1C – registered nurses for hospitals in underprivileged areas  D -- longshore workers

7. U.S. DEPARTMENT OF LABOR Employment & Training Administration Internal Use Only - For OFLC Training7 PERM Basics CNMI Training/Briefing Office of Foreign Labor Certification Permanent Labor Certification

8. Internal Use Only - For OFLC Training 8 Employer Driven  Only employers can file for permanent labor certifications  Only employers can conduct the recruitment The foreign worker cannot review resumes or interview potential candidates The attorney of record cannot participate in the recruitment process unless the attorney is employed by the employer

9. Internal Use Only - For OFLC Training 9 Fraud Prevention  Employer cannot have foreign worker pay for any fees or costs associated with labor certification Attorney fees Advertising costs Recruitment fees  Employer ultimately responsible for accuracy of all information provided to USDOL  USDOL can debar employer from future participation for willful misrepresentation or fraud

10. Internal Use Only - For OFLC Training 10 Prior to Filing a PERM Application  The employer must first obtain a prevailing wage from the National Prevailing Wage and Helpdesk Center in Washington, DC (NPWHC)  The employer must conduct recruitment as required in the regulations [20 CFR § 655.17] unless filing for Schedule A - Sheepherders or college or university teachers recruited by competitive recruitment described in 20 CFR § 655.18  The recruitment must be conducted at least 30 days prior to submitting the application to USDOL; and  No more than 180 days before filing the application with USDOL

11. Internal Use Only - For OFLC Training 11 Basic Recruitment  Professional and nonprofessional positions require same basic recruitment Posting Job Order at SWA (CNMI DOL) located in area of intended employment Advertising in newspaper or professional journal  Two different Sundays in newspaper of general circulation  Professional journal can be substituted for one Sunday ad where job requires experience and advanced degree

12. Internal Use Only - For OFLC Training 12 Recruitment for Professionals  Professional jobs require additional recruitment – any three of the following: Job fairs Employer’s Web site Job search Web site On-campus recruiting Trade or professional organizations Private employment firms Employee referral program with incentives Campus placement offices Local and ethnic newspapers Radio and television advertisements

13. Internal Use Only - For OFLC Training 13 Recruitment Report  Employer must review all applications and interview any qualified candidates within a reasonable time after receiving an application  Employer must keep records of contacts with qualified candidates including logging telephone call results and certified mail receipts  Employer must compile a recruitment report indicating name of each candidate and the lawful reason for not hiring qualified candidates  The employer must retain everything associated with the recruitment for five years after filing application, including: Copies of advertisements, tearsheets, or affidavits from newspaper Printout of Job Order Proof of additional recruitment All resumes/applications received Proof of contact Recruitment report

14. Internal Use Only - For OFLC Training 14  PERM Job Orders are submitted to the SWA system according to the rules and regulations governing the placement of all job orders in that State and must be visible to the public for 30 calendar days  The burden is on the employer to ensure proper placement and duration of placement. However, the SWA should be careful to place the order for the entire time requested. For example, an order requesting a 30-day posting, but placed from February 2 nd to March 2 nd by SWA staff would not comply with the 30-day posting requirement because February has less than 30 days.  SWAs should also provide proof of posting to employers upon request that clearly shows the beginning and end dates of publication SWA Responsibilities

15. Internal Use Only - For OFLC Training 15 Filing for Labor Certification  An employer files ETA Form 9089 either electronically (filling out and submitting on-line) or manually (filling out on-line, printing, and mailing in form)  All forms are sent to the National Processing Center (NPC) in Atlanta.  There is no filing fee

16. Internal Use Only - For OFLC Training 16 Adjudications  The Application for Permanent Employment Certification is reviewed by USDOL and either certified, denied, or placed in audit  Those employers who receive a certified application may file with USCIS  Those employers who receive a denial letter have the right to appeal to Board of Alien Labor Certification Appeals (BALCA) or refile, but not both – If an appeal is filed, it must be withdrawn before refiling for a labor certification for the same alien in the same occupation  Those placed in audit receive a letter from the Certifying Officer at the NPC requesting clarification or additional documentation

17. U.S. DEPARTMENT OF LABOR Employment & Training Administration Internal Use Only - For OFLC Training17 Temporary Labor Certification Programs CNMI Training/Briefing

18. Internal Use Only - For OFLC Training 18 Temporary Employment-Based Immigration Visa Programs Requiring Labor Certification Cap = 5,400 Cap = 66,000 Cap =1,400 Uncapped Entries Cap = 10,500 Cap = 500 Cap = 20,000 Cap = 58,200

19. U.S. DEPARTMENT OF LABOR Employment & Training Administration Internal Use Only - For OFLC Training19 H-1B, H-1B1, and E-3 Specialty and Professional Worker Program CNMI Training/Briefing

20. Internal Use Only - For OFLC Training 20 H-1B, H-1B1, & E-3: Program Overview  Designed as a temporary worker program primarily for professionals and those in specialty occupations  Employers can hire a foreign worker for a period of 3 years with one additional 3 year extension  The job opportunity must: be a “specialty” occupation requiring at least a Bachelor’s degree or equivalent professional experience Fashion models of distinguished merit and ability are also allowed to apply  Step One in the visa process is to obtain a certified Labor Condition Application (LCA) from the USDOL

21. Internal Use Only - For OFLC Training 21 LCA (ETA Form 9035E/ 9035) Filing  The LCA is used for the H-1B, H-1B1 and E-3 Programs  LCAs must be filed electronically (ETA Form 9035E) via the iCERT System. The iCERT System can be found at http://icert.doleta.govhttp://icert.doleta.gov  Two exceptions to electronic filing 1)physical disability or 2) lack of Internet access; prior written permission is required to file the paper form (ETA Form 9035)  H-1B statute requires the Secretary of Labor to certify applications within 7 days unless the application is “incomplete or obviously inaccurate”  Employers must maintain a signed hard copy in a public access file  Employers must provide a copy to each H-1B nonimmigrant who is employed pursuant to the LCA  LCAs may not be submitted any earlier than six (6) months prior to the start date of employment

22. Internal Use Only - For OFLC Training 22 Prevailing Wage Sources for the LCA  OES- Occupational Employment Statistics from the OFLC Online Data Center at www.flcdatacenter.com www.flcdatacenter.com  CBA- Collective Bargaining Agreement  DBA- Davis Bacon Act (e.g. public works projects)  SCA- McNamara-O’Hara Service Contract Act (e.g. furnishes services through service employers)  Other- Independent Authoritative Source (e.g. employer - provided surveys)

23. Internal Use Only - For OFLC Training 23 Prevailing Wage Sources for the LCA (con’t)  An employer may also request a prevailing wage determination from the OFLC National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC  Employers will file prevailing wage determination requests on ETA Form 9141 directly with the OFLC NPWHC and receive determinations directly from the OFLC NPWHC

24. Internal Use Only - For OFLC Training 24 H-1B: What Happens Next? Upon USDOL Certification, the employer...  Prints the LCA  Reviews the LCA for accuracy  Signs the certified LCA  Attaches it to the Form I-129 petition, pays the required filing fee, and submits it to USCIS  Employer must maintain documentation to meet validation requirements of statements made in the LCA  Documentation must be stored at the worksite and/ or principal place of business in the U.S. and provided to each H-1B worker whom the LCA supports

25. U.S. DEPARTMENT OF LABOR Employment & Training Administration Internal Use Only - For OFLC Training25 H-2B Temporary Non-Agricultural Labor Certification Process CNMI Training/Briefing Office of Foreign Labor Certification Employment and Training Administration United States Department of Labor

26. Internal Use Only - For OFLC Training 26 What is the H-2B Program?  The H-2B Program permits employers to hire foreign workers to come temporarily to the U.S. and perform temporary nonagricultural services or labor  To use the H-2B Program, the employer must establish that its need for nonagricultural services or labor is temporary  Burden of proof is on the employer  The employer’s need is considered temporary if it is a: One-time occurrence; Seasonal need; Peakload need; or Intermittent need Absent an unusual circumstance, employers with recurring seasonal or peakload needs lasting longer than 10 months will be denied.

27. Internal Use Only - For OFLC Training 27 Pre-filing Requirements  The employer must obtain a prevailing wage determination from the NPWHC for the occupation using ETA Form 9141 prior to submitting an H-2B application  The employer must conduct pre-filing recruitment to attempt to ensure that qualified, able, and willing U.S. workers are not available for the position(s) as follows: Place job order with the SWA Run two print advertisements Contact local union (if party to a collective bargaining agreement) Contact former workers if a layoff occurred within 120 days of the first date of need

28. Internal Use Only - For OFLC Training 28 Role of SWA Posting Job Orders  Employers must place a job order with the SWA serving the area of intended employment for at least 10 calendar days  SWA responsibilities include: Receiving employer’s job order to be placed in connection with a future application for H-2B workers Reviewing employer’s job order for obvious errors or omissions and compliance with content requirements at 20 CFR 655.17 Where necessary, providing written notification to the employer of any deficiencies or corrections The SWA may, in its discretion, require the employer to keep its job order open for longer than 10 calendar days.

29. Internal Use Only - For OFLC Training 29 Role of SWA Posting Job Orders (cont’d) Placing a job order on active file for intrastate clearance no more than 120 days before the date of need Providing the employer with proof of publication containing the text of the job order and the start and end dates of posting Maintaining active job order for a period of not less than 10 days Promptly transmitting, on behalf of the employer, a copy of its active job order to other States contained in the same area of intended employment (if applicable) Refer each eligible U.S. worker who applies to the SWA instead of directly with the employ for the job opportunity

30. Internal Use Only - For OFLC Training 30 Role of SWA Posting Job Orders (cont’d) Maintaining record of referrals of U.S. workers and any actions subsequently taken (e.g., hired, not hired) Providing notification to the Chicago NPC of any “questionable” refusals to hire Referring for employment individuals whom they have verified identity and employment eligibility through the process for employment verification of all workers that is established by INA § 274A(b) Providing documentation to the employer certifying the employment verification that satisfies the standards of INA § 274A(a)(5) and its implementing regulations at 8 CFR 274a.6

31. Internal Use Only - For OFLC Training 31 H-2B General Requirements  An association or other organization of employers cannot file master applications on behalf of its employer-members under the H-2B program  More than one worker may be requested on ETA Form 9142 as long as all H-2B workers are performing the same services... ... on the same terms and conditions ... in the same occupation and area of employment; and ... during the same period of employment  Except where special procedures apply, only one ETA Form 9142 may be filed for worksite(s) within an area of intended employment for each job opportunity

32. Internal Use Only - For OFLC Training 32 General Filing Requirements Establishing Temporary Need  A job opportunity is temporary if the nature of the employer’s need for the duties to be performed is temporary, whether or not the underlying job is permanent or temporary  Part-time employment does not qualify for H-2B certification; only full-time employment will be certified  A labor shortage, however severe, does not establish a temporary need under the H-2B classification  A job contractor provides services or labor on a temporary basis to one or more employers For job contractors, the Department examines the nature of the job contractor’s need in addition to the needs of each individual employer-client  Department applies a cumulative review of the temporary needs of contracting parties

33. Internal Use Only - For OFLC Training 33 Integrity Provisions  Audit The Chicago NPC may audit certified labor certifications  Supervised Recruitment The Certifying Officer (CO) may require supervised recruitment if the employer:  Violated H-2B program requirements;  Made a material misrepresentation; or  Failed to adequately conduct recruitment activities  Debarment The CO may debar an employer, attorney, or agent for 3 years for a substantial violation of a material term or condition of a temporary labor certification

34. U.S. DEPARTMENT OF LABOR Employment & Training Administration Internal Use Only - For OFLC Training34 H-2A Temporary Agricultural Labor Certification Process CNMI Training/Briefing Office of Foreign Labor Certification Employment and Training Administration United States Department of Labor

35. Internal Use Only - For OFLC Training 35 H-2A Temporary Agricultural Workers  20 CFR 655, Subpart B, sets out the procedures established by the Secretary of Labor to enable her to issue a labor certification to employers needing temporary foreign agricultural workers  On February 12, 2010, the Department published a Final Rule amending the H-2A regulations. The new regulations took effect March 15, 2010  The work (job opportunity) for which the foreign workers are being hired must meet the definition of agriculture within the scope of either the Internal Revenue Code (IRC) or Fair Labor Standards Act definition of agriculture  The H-2A program has many worker protections for both U.S. workers and the foreign workers such as the “three-fourths guarantee” (20 CFR 655.122(i)) and the “50 percent rule” (20 CFR 655.135(d)); it also provides benefits such as housing and transportation at no cost to the workers

36. Internal Use Only - For OFLC Training 36 Who can file?  Employers with a fixed site farm  An association of agricultural employers, which can file as: A sole employer A joint employer with some or all of its members An agent on behalf of some or all of its members  An H-2A Labor Contractor (H-2ALC), who meets all of the additional criteria to participate in the H-2A program  Agents and attorneys may file on behalf of any of the three above, but agents and attorneys cannot perform any of the recruitment activities or make any decisions about who to hire unless they are either an employee of the employer or a licensed Farm Labor Contractor What to file?  A Form ETA 790 and attachments – first with the SWA then with USDOL  An ETA Form 9142 with USDOL after pre-testing labor market 20 CFR 655.135(d) H-2A Employers

37. Internal Use Only - For OFLC Training 37 The Process  Employers must pre-test the labor market with the help of the SWA by posting an intrastate job order (this job order will remain posted and the SWA will continue to refer U.S. workers until 50 percent of the contract period is complete)  If the pre-test does not yield enough workers, the employer can proceed to apply to the USDOL for H-2A labor certification  Once the employer files with USDOL, through the Chicago NPC, and the NPC accepts the application, the NPC will direct additional recruitment, which includes having the SWA to place the job order in interstate clearance 20 CFR 655.135(d) H-2A Employers

38. Internal Use Only - For OFLC Training 38 H-2A Employers 20 CFR 655.130 When to file:  A completed ETA Form 790 must be submitted to the SWA for intrastate clearance no more than 75 calendar days and no fewer than 60 calendar days before the date of need  Employer must identify the ETA Form 790 as a job order to be placed in connection with a future application for H-2A workers  If the anticipated worksites are located in more than one State within the area of intended employment, the employer may submit a job order to any one of the SWAs having jurisdiction  A completed ETA Form 9142 must be filed no less than 45 calendar days before the first date the employer requires the services of the H-2A workers  The ETA Form 9142, including Appendix A.2, must bear the original signature of the employer and, if applicable, that of the employer's authorized attorney or agent Important Note: Unless an employer belongs to a group or occupation to which special procedures apply, itinerant work in more than one area of intended employment will not be permitted

39. Internal Use Only - For OFLC Training 39 Outreach to Agricultural Employers  Provide general notification (e.g., email distribution or letter) regarding the new H-2A regulations, effective date, and implementation rules  Refer questions regarding the H-2A regulations to the following email address: H-2A.Regulations@dol.govH-2A.Regulations@dol.gov  Ensure employers have a copy of the latest ETA Form 790 with step-by-step instructions and the ETA Form 9142 and Appendix A.2  Offer assistance to employers with questions in preparing the ETA Form 790 and remind them of the timeframes for submitting the job order for review General SWA Responsibilities

40. Internal Use Only - For OFLC Training 40 Schedule and Conduct Housing Inspections  Plan to schedule housing inspections prior to filing of job order for employers who regularly use the H-2A program  Encourage employers to have housing ready for inspection at time of filing job order or earlier  Schedule and conduct pre-occupancy housing inspections upon request from employer  Provide notification to the employer of any deficiencies, request correction in 5 calendar days, and re-inspect  Complete all scheduled housing inspections and submit reports to the Chicago NPC  If housing not approved, cancel job order and notify any referred U.S. workers  Provide notification to the Chicago NPC of any changes in housing and the results of any inspections conducted on substitute housing General SWA Responsibilities

41. Internal Use Only - For OFLC Training 41 20 CFR 655.120 AEWR  There is no Adverse Effect Wage Rate (AEWR) in 2010 for CNMI Federal Minimum Wage for CNMI  Currently $4.55 per hour and increases by $.50 every year in September Prevailing Hourly Wage  The hourly wage determined by the SWA to be prevailing in the local, regional, or statewide area (none currently for CNMI) Prevailing Piece Rate  The amount that is typically paid to an agricultural worker per piece (e.g., per load, bin, pallet, bag, bushel) determined by the SWA to be prevailing in the local, regional, or statewide area (none currently for CNMI) Pre-Filing Recruitment Activity 1. Obtaining Offered Wage Rate

42. Internal Use Only - For OFLC Training 42 20 CFR 655.121  ETA Form 790 must satisfy all the following requirements: −Content for agricultural clearance orders at 20 CFR 653 Subpart F −Content for job offers at 20 CFR 655.122  SWA review process –Notifies the employer of any deficiencies within 7 calendar days after receipt –Employer must respond within 5 calendar days after receipt of SWA notification –SWA will review modified job order and provide a final notice within 3 calendar days  Upon acceptance, SWA should notify the employer (via email or letter), provide the Job Order Number, and place the job order in intrastate clearance on its active file and begin recruitment of eligible U.S. workers Pre-Filing Recruitment Activity 2. Submit Job Order to SWA

43. Internal Use Only - For OFLC Training 43 20 CFR 655.122  Employer’s job opportunity must... −Offer to U.S. workers no less than the same benefits, wages, and working conditions that the employer is offering, intends to offer, or will provide to H-2A workers −Not impose on U.S. workers any restrictions or obligations that will not be imposed on H-2A workers −Offer job qualifications and requirements that are bona fide and consistent with the normal and accepted qualifications required by employers that do not use H-2A workers in the same or comparable occupations and crops −CO or SWA may require employer to submit documentation substantiating the appropriateness of any qualification contained in the ETA Form 790 Pre-Filing Recruitment Activity Job Order Review by SWA

44. Internal Use Only - For OFLC Training 44 20 CFR 655.122 Pre-Filing Recruitment Activity Job Order Review by SWA Minimum Benefits, Wages, and Working ConditionsRegulatory Citation(s) Provision of Housing655.122(d) Provision of Workers’ Compensation655.122(e) Provision of Tools, Supplies, and Equipment655.122(f) Provision of Meals or Cooking Facilities655.122(g) Provision of Transportation and Daily Subsistence655.122(h) Three-Fourths Guarantee655.122(i) Hours/Earnings Records, Rates and Frequency of Pay655.122(j )through (m) Abandonment or Termination for Cause655.122(n) Contract Impossibility655.122(o) Required Deductions from Worker’s Pay655.122(p) Work Contract or ETA Form 790 and attachments655.122(q)

45. Internal Use Only - For OFLC Training 45 20 CFR 655.121  Where the job order includes worksites which fall within the jurisdiction of more than one SWA, the originating SWA should forward a copy of the approved job order to the other SWAs serving the area of intended employment  SWA must keep the job order on its active file until 50 percent of the period of the work contract has elapsed  SWA must refer each U.S. worker who applies (or on whose behalf an application is made) for the job opportunity Pre-Filing Recruitment Activity Job Order Important Note: SWAs will no longer be required to conduct I-9 employment eligibility verification of job applicants referred to job opportunities for which H-2A workers are sought. Under the INA, the employer is responsible for verifying the employment eligibility of all of its hires.

46. Internal Use Only - For OFLC Training 46 20 CFR 655.121 SWA Responsibility  SWA staff should maintain records of all referrals of qualified U.S. workers and any actions subsequently taken (e.g., hired, not hired)  Ensure referral records are organized and easily accessible in the event they are requested by the Chicago NPC to support a final determination  Provide timely notification to the Chicago NPC of any “questionable” refusals to hire qualified U.S. workers Pre-Filing Recruitment Activity Job Order

47. Internal Use Only - For OFLC Training 47 NPC Application Processing Acceptance Requirements 20 CFR 655.150-158  Notice of Acceptance will contain the following recruitment instructions 1.Interstate clearance of ETA Form 790 and all attachments 2.Advertisement in local newspapers 3.Contact with former US employees 4.Multi-state recruitment of traditional or expected labor supply 5.Submission of initial recruitment report to the CO  SWAs will refer qualified applicants who have been apprised of all the material terms and conditions of employment  Employer may submit a written complaint to the CO when it has reason to believe a person or entity has willfully and knowingly withheld US workers prior to the arrival of H-2A workers (20 CFR 655.157)

48. Internal Use Only - For OFLC Training 48 SWA Responsibilities  Upon acceptance of any amendment, the NPC will submit to the SWA any necessary modifications to the ETA Form 790  SWA staff should assist the employer to ensure all approved amendments are incorporated into the job order package  Where the employer appeals a Chicago NPC denial of a requested amendment, the SWA should maintain the original job order on its active file until resolution is reached NPC Application Processing Amendments

49. Internal Use Only - For OFLC Training 49 Job Order – ETA Form 790  Employer may withdraw a job order submitted to the SWA where it no longer plans to file an ETA Form 9142 with USDOL  Withdrawal does not nullify obligations to any workers recruited in connection with the placement of the withdrawn job order  SWA does not need to notify Chicago NPC of withdrawal Application – ETA Form 9142  Employer may withdraw an H-2A application once it has been formally accepted by the CO  Withdrawal does not nullify obligations to comply with the terms and conditions of employment for any workers recruited in connection with the submission of the H-2A application  Chicago NPC will notify the SWA when the ETA Form 9142 is withdrawn NPC Application Processing Withdrawal Provisions 20 CFR 655.172

50. Internal Use Only - For OFLC Training 50 NPC Application Processing Interstate Clearance of Job Order 20 CFR 655.150  Notice of Acceptance authorizes conditional access to the interstate clearance system for the employer’s job order  SWA must promptly transmit a copy of the ETA Form 790 and attachments to all States designated by the CO  At a minimum, the clearance will include all States listed in the job order as anticipated worksites  Each of the SWAs will maintain the job order on its active file until 50 percent of the work contract has elapsed

51. Internal Use Only - For OFLC Training 51 20 CFR 655.154 Pre-Filing Recruitment Activity Recruitment in Traditional or Labor Supply States  Employer will conduct positive recruitment within a multistate region of traditional or expected labor supply  CO methods of recruitment will be... –No less than the normal efforts of non-H-2A employers of comparable or smaller size in the area of intended employment; and –The kind and degree of recruitment which the employer made to obtain foreign workers  Employer will conduct recruitment in no more than 3 States for each area of intended employment

52. Internal Use Only - For OFLC Training 52 20 CFR 655.154 Pre-Filing Recruitment Activity Recruitment in Traditional or Labor Supply States  Recruitment specified by the CO must occur after the Notice of Acceptance and before the H-2A workers depart for the place of work or the 3rd day preceding the start date of work, whichever is earlier  Documentation sufficient to prove recruitment will be specified by the CO and maintained by the employer in the event of an audit examination

53. Internal Use Only - For OFLC Training 53 20 CFR 655.156  Employer must prepare, sign, date, and submit a written recruitment report on a date specified by the CO (generally 32 or 31 days before the start date of need)  Recruitment report must contain the following information: Identification of each recruitment source by name Name/contact information of each U.S. worker who applied for the job and the disposition of each worker Confirm that former US employees were contacted and by what means Explanation of the lawful job-related reason(s) for not hiring each U.S. worker (if applicable) Important Note: The initial recruitment report must be received by the CO before a temporary labor certification may be granted Pre-Filing Recruitment Activity Submission of Initial Recruitment Report

54. Internal Use Only - For OFLC Training 54  Receive a copy of final determination letter (either electronically or by mail) of the labor certification determination  Respond to requests for assistance from Chicago NPC on... ─Appeals of denial determinations ─Requests for re-determinations based on worker availability  If certified, continue to cooperate with the employer by referring eligible workers until the recruitment period has ended (i.e., 50% of the work contract has elapsed)  Continue to provide notification to the Chicago NPC of any “questionable” refusals to hire Post-Determination SWA Responsibilities

55. Internal Use Only - For OFLC Training 55 Important Reminder!  SWAs should remind employers to provide all recruited workers with a copy of the modified job order (ETA Form 790 and attachments) or work contract which reflects the material terms and conditions of employment, including any amendments  Such notification should be provided at the time of visa application or on the first day of employment, in accordance with § 655.122(q), whichever comes first Updates to Job Order or Work Contract 20 CFR 655.122(q)

56. Internal Use Only - For OFLC Training 56 Conduct Prevailing Wage Surveys  SWAs will continue to conduct wage surveys of agricultural and logging activities in accordance with ETA Handbook 385  Complete all surveys and submit signed ETA Form 232 to the National OFLC (Ben Orona: orona.ben@dol.gov) for review and final certificationorona.ben@dol.gov  National interest surveys (e.g., custom combine, sheepherding) will continue to be conducted by the SWAs General SWA Responsibilities Important Notes: 1.Upon gathering the wage data, SWAs should place a priority on analyzing the wage survey results and completing the ETA Form 232 as soon as practically possible. 2.If the prevailing wage is higher than the AEWR, the National OFLC should be notified upon transmission of the ETA Form 232, since employers are required under the H-2A Final Rule to pay the highest wage at the time work is performed. Important Notes: 1.Upon gathering the wage data, SWAs should place a priority on analyzing the wage survey results and completing the ETA Form 232 as soon as practically possible. 2.If the prevailing wage is higher than the AEWR, the National OFLC should be notified upon transmission of the ETA Form 232, since employers are required under the H-2A Final Rule to pay the highest wage at the time work is performed.

57. Internal Use Only - For OFLC Training 57 Conduct Prevailing Practice Surveys  SWAs will continue to survey employers on prevailing practices including, but not limited to, the following: ─Family housing ─Productivity standards ─Transportation advances ─Utilization of crewleaders ─Frequency of payment  Submit survey results to the Chicago NPC with a copy to the National Office of Foreign Labor Certification for review Gather Information on Labor Supply  Where available, report current information on availability of U.S. workers to the Chicago NPC to assist in determining positive recruitment requirements (e.g., multi-state recruitment) General SWA Responsibilities

58. Internal Use Only - For OFLC Training 58 Important Reminder!  Where the SWA prevailing hourly wage rate or piece rate is adjusted during a work contract and becomes the highest of current offered wage, in effect at the time the work is performed, the employer must pay that higher prevailing wage or piece rate  Updates to SWA wage surveys will continue to be posted on the OFLC Agricultural Online Wage Library (AOWL)  The Department will examine the results of SWA wage surveys conducted throughout the year to determine if the hourly wage rate or piece rate is the highest  Employers and authorized representatives will begin receiving official notification from the Department when the SWA prevailing wage becomes the new rate of pay for workers Updates to Wage Rates 20 CFR 655.120(b)

59. Internal Use Only - For OFLC Training 59 For specific PERM program questions contact Stacy Shore via e-mail at shore.stacy@dol.govshore.stacy@dol.gov For specific temporary program questions contact Brian Pasternak via e-mail at pasternak.brian@dol.gov pasternak.brian@dol.gov Any questions you may have about the materials presented here can be addressed to: Elissa McGovern via e-mail at: mcgovern.elissa@dol.gov mcgovern.elissa@dol.gov Questions

60. Internal Use Only - For OFLC Training 60  H-2B SWA Webinar H-2B SWA Webinar  H-2A SWA Webinar conducted March 9, 2010 H-2A SWA Webinar conducted March 9, 2010  Additional resources for download Additional resources for download  Other Internet Resources ─OFLC webpageOFLC webpage ─OFLC FormsOFLC Forms ─OFLC FAQsOFLC FAQs ─Most current PERM regulationsMost current PERM regulations ─Most current regulations for temporary programsMost current regulations for temporary programs Additional Resources

61. Internal Use Only - For OFLC Training 61 www.workforce3one.org