[Federal Register Volume 70, Number 137 (Tuesday, July 19, 2005)]
[Notices]
[Pages 41430-41438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14120]



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DEPARTMENT OF LABOR

Employment and Training Administration


Information Regarding the Transfer of Temporary Program Cases to 
the Atlanta and Chicago National Processing Centers, the Processing 
Locations for Foreign Labor Certification Applications Filed With State 
Workforce Agencies and the Department of Labor, and the Filing of 
Applications for Certification Under the E-3 Worker Visa Program

AGENCY: Employment and Training Administration (ETA), Department of 
Labor.

ACTION: Notice.

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SUMMARY: The Employment and Training Administration (ETA) of the 
Department of Labor (Department or DOL) is issuing this notice to 
clarify the locations where applications may be filed and are being 
processed, respectively, for the permanent labor certification and 
major temporary foreign labor certification programs administered by 
ETA's Division of Foreign Labor Certification; to clarify key 
procedures within each program that may be impacted by ETA's transition 
from region-based to center-based review; and to provide initial 
guidance for employers filing applications for certification under the 
new E-3 worker visa program for Australian professionals seeking to 
temporarily work in the United States. Recent reforms in several of 
these programs, as well as the streamlining and centralization of 
operations and filing procedures to better serve the needs of 
stakeholders, have required periodic changes to filing locations. This 
notice describes and further clarifies current filing requirements for 
each major program. A chart attached to this notice provides users with 
a convenient, one-stop reference on program-specific filing 
requirements. This chart will be updated and published in the Federal 
Register and posted on DOL's Web site.

DATES: Effective Date: This notice is effective immediately.

FOR FURTHER INFORMATION CONTACT: William Carlson, Chief, Division of 
Foreign Labor Certification, U.S. Department of Labor, Room C-4312, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone: 202-693-3010 
(this is not a toll-free number).

SUPPLEMENTARY INFORMATION: To enhance effectiveness and eliminate undue 
burden on program users, the Department has reformed its process to 
issue permanent labor certifications and continues to review and 
strengthen its various temporary labor certification programs, 
primarily those leading to H-1B, H-1B1, H-2B, and H-2A worker visas. 
The Department's long-term goal is to streamline, automate, and 
centralize operations and processes that may have been duplicative, 
lengthy, or unduly burdensome. Ongoing and proposed changes are 
designed to improve the efficiency and integrity of each program.
    The purpose of this notice is threefold. First, the notice seeks to 
update the filing instructions for applications to the temporary labor 
certification programs, in light of the Department's plans to transfer 
the Federal processing responsibility related to H-2A and H-2B program 
applications, as well as applications requiring special handling, to 
its National Processing Centers located in Atlanta and Chicago. 
Accordingly, much of the information below related to these 
applications is new.
    Second, the notice seeks to present--clearly, briefly, and in a 
single document--basic filing instructions for key labor certification 
programs, including the permanent program. In the context of 
significant changes to labor certification operations and activities, 
the Department believes stakeholders would benefit from summarized, 
organized guidance that establishes a baseline for filings going 
forward. In those cases in which guidance is unchanged--notably, for 
the permanent program--this notice restates the instructions that have 
been provided in recent guidance but, for clarity, refers back to each 
of the notices originally published. As an aid, this notice attaches a 
chart, which the Department will update as needed, for use as a one-
stop reference on filing requirements for each of the programs listed 
below.
    Third, the Department seeks to provide initial guidance governing 
the filing of applications for labor certification under the E-3 worker 
visa program.

H-1B and H-1B1 Temporary Professional Workers

    Application submission: Labor Condition Applications filed under 
the H-1B program, as well as the H-1B1 program created pursuant to 
legislation implementing the United States-Chile and United States-
Singapore Free Trade Agreements, may be filed electronically, by U.S. 
Mail, or by facsimile. Employers complete an electronic Labor Condition 
Application (LCA) through DOL's Foreign Labor Certification LCA Online 
System at http://www.lca.doleta.gov. In addition, employers nationwide 
may mail or fax LCAs on ETA Form 9035 to ETA's Backlog Elimination 
Center in Philadelphia, as follows:
    ETA Backlog Elimination Center, P.O. Box 13640, Philadelphia, 
Pennsylvania 19101; (800) 397-0478 (fax).
    Employers wishing to withdraw a Labor Condition Application may do 
so by contacting the ETA National Office as noted below. In addition, 
the Department has proposed to require electronic filing of H-1B/H-1B1 
applications in most instances. See 70 FR 16774. A printable copy of 
the ETA Form 9035 is available at http://atlas.doleta.gov/foreign/preh1BForm.asp. See 20 CFR part 655 subpart H, 69 FR 69412, and the 
Department's website, http://www.doleta.gov/business/gw/guestwkr, for 
additional details on H-1B and H-1B1 filing requirements and use of 
this form.
    Seventh-year extensions: Employers are asked to e-mail any and all 
inquiries regarding seventh-year H-1B extensions to the Backlog 
Elimination Center where their permanent labor certification case is 
pending. Inquiries may be submitted to the Philadelphia Backlog 
Elimination Center at [email protected], and to the Dallas Backlog 
Elimination Center at [email protected]. Please see http://atlas.doleta.gov/foreign/times.asp for a display of the SWA case 
shipping schedule and respective Center locations.

H-2B Temporary Nonagricultural Program

    Application Submission: Employers continue to file an ETA 750, Part 
A, Application for Alien Employment Certification with the State 
Workforce Agency serving the area of intended employment. State 
Workforce Agencies will continue their traditional practice of review 
and recruitment oversight.

    Note: State Workforce Agencies (SWAs), effective Monday, July 
18, 2005, will send processed H-2B applications to the corresponding 
National Processing Center instead of an ETA Regional Office or 
Backlog Elimination Center. In other words, all H-2B applications, 
once reviewed by the SWA, will be sent to either the Atlanta or 
Chicago National Processing Center. Current state processing time 
requirements remain unchanged.

    State distribution: Each Center will accept applications 
corresponding to the areas of intended employment listed below.
    Atlanta National Processing Center: Alabama, Connecticut, Delaware, 
Florida, Georgia, Kentucky, Maine, Maryland, Massachusetts, 
Mississippi, New Hampshire, New Jersey, New York,

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North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, 
Vermont, Virginia, Washington DC, West Virginia, Puerto Rico, or the 
Virgin Islands.
    U.S. Department of Labor, Employment and Training Administration, 
Atlanta National Processing Center, Harris Tower, 233 Peachtree Street, 
NE., Suite 410, Atlanta, Georgia 30303; Phone: (404) 893-0101; Fax: 
(404) 893-4642.
    Chicago National Processing Center: Alaska, Arizona, Arkansas, 
California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, 
Louisiana, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, 
New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, 
Utah, Washington, Wisconsin, Wyoming, or Guam.
    U.S. Department of Labor, Employment and Training Administration, 
Chicago National Processing Center, 844 North Rush Street, 12th Floor, 
Chicago, Illinois 60611; Phone: (312) 886-8000; Fax: (312) 886-1688.
    This process does not apply to H-2B applications for boilermakers, 
entertainers, logging, and professional team sports, which are treated 
separately below.
    Boilermakers and professional team sports: The H-2B filing process 
for professional team sport applications and emergency applications for 
boilermakers shall continue unchanged, i.e., employers will continue to 
submit these applications to ETA's National Office for processing. 
Questions regarding applications on these job classifications may be 
addressed to:
    Leticia Sierra, Manager, Temporary Programs, U.S. Department of 
Labor, Employment and Training Administration, Division of Foreign 
Labor Certification, 200 Constitution Avenue, NW., Room C-4312, 
Washington, DC 20210. (202) 693-3010 (this is not a toll-free number).
    Entertainers: The Federal review process for H-2B entertainers 
shall change effective July 18, 2005. Employers will continue to file 
applications with state Offices Specializing in Entertainment (OSEs) in 
Austin, New York, and Sacramento. However, rather than forward 
applications to ETA Regional Offices in New York, Dallas, and San 
Francisco, these state offices will now send applications to the 
Chicago Processing Center for a determination, as noted below:

------------------------------------------------------------------------
   H-2B entertainers previously sent to:              Send to:
------------------------------------------------------------------------
 
New York City Regional Office.............  Chicago National Processing
                                             Center.
Dallas Regional Office....................  Chicago National Processing
                                             Center.
San Francisco Regional Office.............  Chicago National Processing
                                             Center.
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    Applications for the Logging Industry: Employers and/or agents 
should continue to submit applications to their respective State 
Workforce Agencies, i.e., Maine, New Hampshire, New York, and Vermont. 
However, effective July 18, 2005, SWA staff must forward processed 
applications to the Atlanta National Processing Center rather than to 
the ETA Boston Regional Office. Processing time requirements remain 
unchanged.

------------------------------------------------------------------------
            Previously sent to:                       Send to:
------------------------------------------------------------------------
Boston Regional Office....................  Atlanta National Processing
                                             Center.
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    Inquiries (all H-2B applications): Employers and/or agents having 
questions regarding the status of their H-2B application(s) should use 
the contact information noted for the Atlanta and Chicago National 
Processing Centers.

H-2A Temporary Agricultural Program

    Centralizing H-2A Federal Review: State Workforce Agencies will 
continue their current responsibilities with respect to the receipt and 
processing of H-2A applications. These responsibilities include 
prevailing wage/prevailing practice surveys, recruitment of domestic 
workers, and housing inspections. Effective August 1, 2005, employers 
will file original copies of their H-2A applications directly with 
either the National Processing Centers in Atlanta and Chicago, 
depending on area of intended employment, and simultaneously file a 
copy with the appropriate SWA. The SWAs will coordinate all activities 
regarding the processing of the H-2A applications with the appropriate 
National Processing Center for their jurisdiction, as noted above.
    Specifically, SWAs currently sending H-2A applications to the 
following ETA offices should send materials bearing on each 
application--including housing inspection results, prevailing wage 
surveys, and prevailing practice surveys--as follows:

------------------------------------------------------------------------
   H-2A applications previously sent to:              Send to:
------------------------------------------------------------------------
San Francisco Regional Office.............  Chicago National Processing
                                             Center
Seattle Regional Office...................  Chicago National Processing
                                             Center
Denver Regional Office....................  Chicago National Processing
                                             Center
Dallas Regional Office (Backlog Center)...  Chicago National Processing
                                             Center
Chicago Regional Office...................  Chicago National Processing
                                             Center
Boston Regional Office....................  Atlanta National Processing
                                             Center
New York Regional Office..................  Atlanta National Processing
                                             Center
Philadelphia Regional Office (Backlog       Atlanta National Processing
 Center).                                    Center
Atlanta Regional Office...................  Atlanta National Processing
                                             Center
------------------------------------------------------------------------


------------------------------------------------------------------------
   H-2A program fees previously sent to:              Send to:
------------------------------------------------------------------------
San Francisco Regional Office.............  Chicago National Processing
                                             Center
Seattle Regional Office...................  Chicago National Processing
                                             Center
Denver Regional Office....................  Chicago National Processing
                                             Center
Dallas Regional Office (Backlog Center)...  Chicago National Processing
                                             Center
Chicago Regional Office...................  Chicago National Processing
                                             Center
Boston Regional Office....................  Atlanta National Processing
                                             Center
New York Regional Office..................  Atlanta National Processing
                                             Center
Philadelphia Regional Office (Backlog       Atlanta National Processing
 Center).                                    Center
Atlanta Regional Office...................  Atlanta National Processing
                                             Center
------------------------------------------------------------------------

E-3 Professional Workers (Australia)

    The Emergency Supplemental Appropriations Act for Defense, the 
Global War on Terror, and Tsunami Relief, 2005, Public Law 109-13, was 
signed by the President on May 11, 2005. The Act established a new 
nonimmigrant visa category for Australian professionals seeking to work 
in the United States. The Act provides for 10,500 new visas per fiscal 
year for Australian nationals seeking temporary work in ``specialty 
occupations,'' as defined under the H-1B provisions of the Immigration 
and Nationality Act (INA).
    The statute requires that sponsoring employers file a Labor 
Condition Application with the Department of Labor. To certify a 
position for E-3 status, the Department must find--and certify to the 
Departments of Homeland Security and State--that the employer's 
attestations meet the requirements of

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INA Sec.  212(t)(1), the section governing labor certifications for the 
H-1B1 program.
    The Department is coordinating with other Federal agencies with an 
interest or potential role in the E-3 program to determine and issue 
further guidance on the specific parameters of the program and how the 
program will be administered. In the interim, the Department recommends 
employers seeking to sponsor workers under the E-3 category:
     Use Form ETA 9035, Labor Condition Application for H-1B & 
H-1B1 Nonimmigrants, to request certification under the E-3 program.
     Print ``E-3--Australia--to be processed'' at the top of 
each page of the form. Please print legibly and use blue or black ink.
     File the completed LCA with the Department of Labor's 
National Office.
    Questions regarding E-3 Labor Condition Applications may be 
addressed to:
    Leticia Sierra, Manager, Temporary Programs, U.S. Department of 
Labor, Employment and Training Administration, Division of Foreign 
Labor Certification, 200 Constitution Avenue, NW., Room C-4312, 
Washington, DC 20210; (202) 693-3010 (this is not a toll-free number).

Permanent Labor Certification Program

    New regulations, effective March 28, 2005, implement a reengineered 
permanent labor certification program through the use of a new Program 
Electronic Review Management (PERM) system. See 69 FR 77326. Employers 
requesting labor certifications for the permanent employment of aliens 
under this new regulation must use a new ETA Form 9089, Application for 
Permanent Employment Certification, which they must file directly with 
DOL either electronically or by U.S. Mail to the appropriate National 
Processing Center. The Department will not accept applications 
submitted by facsimile.
    Permanent program applications are processed at DOL's National 
Processing Centers, located in Atlanta and Chicago. The Department 
opened these centers in December 2004 to review applications filed 
under the PERM system. The National Processing Centers will also 
process applications filed under the previous regulation that meet the 
refiling requirements of the new program. See 20 CFR 656.17(d).
    Electronic applications: For faster processing, the Department 
encourages employers to file applications using the Permanent Online 
System at http://www.plc.doleta.gov. After employers register and 
establish an account, they or their representatives (for whom they have 
established a subaccount) can proceed to complete the application 
electronically. An application filed electronically will be immediately 
routed to the National Processing Center responsible for the geographic 
area serving the area of intended employment.
    Mailed applications: Employers electing to file non-electronically 
must submit applications in accordance with the guidance published 
previously in the Federal Register governing which states correspond to 
which National Processing Center and restated below. See 70 FR 6734. 
The PERM application must be mailed to the National Processing Center 
listed below that covers the state or territory in which the area of 
intended employment is located, as identified below.
    Atlanta National Processing Center: Alabama, Connecticut, Delaware, 
Florida, Georgia, Kentucky, Maine, Maryland, Massachusetts, 
Mississippi, New Hampshire, New Jersey, New York, North Carolina, 
Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, 
Virginia, Washington DC, West Virginia, Puerto Rico, or the Virgin 
Islands
    U.S. Department of Labor, Employment and Training Administration, 
Atlanta National Processing Center, Harris Tower, 233 Peachtree Street, 
NE., Suite 410, Atlanta, Georgia 30303; Phone: (404) 893-0101. Fax: 
(404) 893-4642.
    Chicago National Processing Center: Alaska, Arizona, Arkansas, 
California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, 
Louisiana, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, 
New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, 
Utah, Washington, Wisconsin, Wyoming, or Guam
    U.S. Department of Labor, Employment and Training Administration, 
Chicago National Processing Center, 844 North Rush Street, 12th Floor, 
Chicago, Illinois 60611; Phone: (312) 886-8000; Fax: (312) 353-3352.
    Applications submitted under the permanent labor certification 
regulation in effect prior to March 28, 2005: Applications for 
permanent labor certification filed under the regulation in effect 
until March 28, 2005, are being processed in either one of two Backlog 
Elimination Centers established by the Department in Dallas and 
Philadelphia, based upon the state in which the area of intended 
employment is located. Previously filed applications pending in SWA 
offices or DOL Regional Offices have been transferred for centralized 
processing in Dallas and Philadelphia. Please see http://atlas.doleta.gov/foreign/times.asp for a display of the SWA case 
shipping schedule and respective Center locations.
    Philadelphia Backlog Elimination Center: Same states as covered by 
the Atlanta National Processing Center, ETA/DFLC Backlog Elimination 
Center, U.S. Department of Labor, 1 Belmont Avenue, Suite 200, Bala 
Cynwyd, Pennsylvania 19004; (484) 270-1500 (phone); (484) 270-1600 
(fax).
    Dallas Backlog Elimination Center: Same states as covered by the 
Chicago National Processing Center, ETA/DFLC Backlog Elimination 
Center, U.S. Department of Labor, 700 North Pearl Street, Suite 400 N, 
Dallas, Texas 75201; (214) 237-9111 (phone); (214) 237-9135 (fax).
    Professional team sports: The DOL ETA National Office will continue 
to process employer applications for certification of permanent 
positions in professional team sports.
    For all other Foreign Labor Certification Program matters, e.g., 
PERM Schedule A and Sheepherders, etc., please forward questions to the 
ETA National Office at the address noted above.
    For additional information on requirements for filing applications 
under the PERM program and a listing of Frequently Asked Questions 
(FAQs) for both PERM and backlogged application processing, please see 
http://atlas.doleta.gov/foreign.

    Signed in Washington, DC this 13th day of July, 2005.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
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[FR Doc. 05-14120 Filed 7-18-05; 8:45 am]
BILLING CODE 4510-30-C