July 21, 2005

DOL Issues Additional Instructions for Key Labor Certification Programs

The Department of Labor (DOL) continues to review and revise its procedures for issuing permanent labor certifications, in an effort to minimize lengthy delays and duplicative processes. To this end, DOL issued new regulatory guidance regarding the filing procedures to be used by employers who must file either temporary or permanent labor certification applications. The nonimmigrant visa category primarily affected by this recent regulation are the H-2A and H-2B Temporary Worker Programs.

These regulations are likely the last phase of DOL’s effort to centralize its workload and eliminate the backlog which has historically produced lengthy processing delays. In order to do so, effective July 18, 2005, DOL is requiring all state workforce agencies to send their processed H-2B applications to one of the National Processing Centers in either Atlanta or Chicago. In addition, effective August 1, 2005, DOL shall require that all H-2A applications be filed in duplicate, with the original copy being filed at the National Processing Center, and a copy to be filed with the appropriate State Workforce Agency.

Please click here for additional information on the processing locations for these and other nonimmigrant visa categories requiring a labor certification.