[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Notices]
[Pages 5210-5211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01406]
[[Page 5210]]
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DEPARTMENT OF LABOR
Employment and Training Administration
Open Government Initiative: Implementation of the iCERT Labor
Certification Registry for the H-1B, H-1B1, E-3, H-2A, H-2B and
Permanent Labor Certification Employment-Based Immigration Programs
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice.
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SUMMARY: The Employment and Training Administration (ETA) is announcing
a new initiative to make available to the general public appropriately
redacted copies of H-1B, H-1B1, E-3, H-2A, H-2B and permanent labor
certification documents through its iCERT Visa Portal System. This new
online tool, formally called the iCERT Labor Certification Registry
(LCR), is a component of the Department of Labor's Open Government
initiative and provides an additional level of transparency for the
labor certification decisions issued by the ETA Office of Foreign Labor
Certification (OFLC). The iCERT LCR provides searchable access to
copies of labor certification documents and labor condition application
documents as well as the latest quarterly and annual case file datasets
through a single location. Public access to the iCERT LCR will be
available at http://icert.doleta.gov beginning July 1, 2013.
DATES: Effective July 1, 2013.
FOR FURTHER INFORMATION CONTACT: For further information, contact
William L. Carlson, Ph.D., Administrator, Office of Foreign Labor
Certification, ETA, U.S. Department of Labor, 200 Constitution Avenue
NW., Room C-4312, Washington, DC 20210; Telephone (202) 693-3010 (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 1-800-877-8339.
For technical issues related to the Department's implementation of
the labor certification registry, please contact the iCERT Visa Portal
System Team, Office of Foreign Labor Certification (OFLC) by email at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Immigration and Nationality Act (INA) assigns specific
responsibilities to the U.S. Secretary of Labor for the administration
of certain employment-based immigration programs that require either a
labor certification or, in the case of an H-1B, H-1B1, or E-3 visa, a
labor condition application (LCA). These statutory responsibilities
include, in the case of labor certifications, determining whether there
are able, willing, and qualified U.S. workers for a position for which
certification is requested and whether there would be any adverse
impact on similarly employed U.S. workers should labor certification be
granted. Statutory and regulatory provisions require all employers
seeking a labor certification for either permanent or temporary
nonimmigrant labor to first apply to the Secretary of Labor for
certification or for an LCA. The Secretary has delegated the
responsibilities for the administration of these programs to the
Employment and Training Administration's (ETA) Office of Foreign Labor
Certification (OFLC). Foreign labor certification programs have as a
primary responsibility the review of employer-filed applications
requesting the Secretary of Labor's certification to ensure that the
hiring of a foreign worker will not adversely impact the wages and
working conditions of U.S. workers, and that no qualified U.S. workers
are willing or available to fill a given vacancy.
As a component of the Department of Labor's (the Department) Open
Government initiative, the OFLC is implementing a new Labor
Certification Registry (LCR) through its iCERT Visa Portal System that
provides the general public access to appropriately redacted copies of
labor certification documents issued to employers in the H-1B, H-1B1,
E-3, H-2A, H-2B and permanent labor certification programs. The iCERT
LCR provides the public with a single, easy to search, location to the
OFLC's labor certification and LCA documents as well as the office's
latest quarterly and annual case disclosure data. Public release of
these documents and data provides an additional level of transparency
while respecting any personally identifiable information. OFLC has
taken steps to ensure that private, sensitive, or legally protected
information will be redacted, as appropriate.
This initiative is in compliance with the Privacy Act, the Trade
Secrets Act and the Confidential Information Protection and Statistical
Efficiency Act. We have taken steps to ensure that appropriate
information will be redacted in connection with the Department's
responsibilities, or potential responsibilities, pursuant to these
statutes. This information will change depending upon the form, but
will include data such as the Federal Employer Identification Number
(FEIN) of the employer, revenue reported by the employer, and the name,
address and class of admission of the foreign worker.
Prior to this public database becoming available, access to OFLC
labor certification and LCA documents typically required submitting a
Freedom of Information Act (FOIA) request directly to the Department
and waiting for a response. For the first time, the iCERT LCR will
provide the general public with real-time access to appropriately
redacted copies of current and historical labor certification and LCA
documents that are searchable across a series of common data points.
OFLC anticipates that public access to labor certification and LCA
documents through the iCERT LCR will significantly reduce the need for
individuals to request and obtain such documents through the
Department's FOIA process.
II. Labor Certification Registry Availability and Functional Components
Public access to the LCR will be available through the iCERT Visa
Portal System at http://icert.doleta.gov. The public will not be
required to create an iCERT system account in order to access documents
and information contained on the registry. All documents placed on the
LCR (e.g., ETA 9142, ETA 9035E) will be accessible in either Adobe
Portable Document Format (PDF) or HyperText Markup Language (HTML)
format and contain certain information from official labor
certifications and LCAs issued by the OFLC. The iCERT LCR will not,
however, disclose data or information subject to privacy, security, or
privilege limitations.
The functional components of the iCERT LCR are built upon and fully
integrated with the iCERT H-2A Public Job Registry, which was released
on July 1, 2010, as part of the Department's implementation of the H-2A
2010 Final Rule and will provide the public with the following
functional features:
An interactive map of U.S. states and territories
displaying all labor certification and LCA documents posted within the
last 30 calendar days;
A ``quick search'' feature from the main home page
allowing users to execute basic queries along a common set of data
points including the ETA case number, visa classification, employer
name, job title, industry, state or territory, zip code radius, and
posting date range;
An advanced search feature allowing users to conduct more
detailed
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searches based on occupations, industries, education and training,
range of wage offers, worker positions requested, and dates of
employment;
Easy-to-understand search results displayed in a table
format with sortable column headings, select data points to further
filter the search results, and quick links to view or download the
document in either redacted Adobe PDF or HTML format;
Access to OFLC's latest program annual and quarterly
performance reports and case file datasets in easily accessible formats
for performing more in-depth longitudinal statistical research and
analysis; and
Access to important social media platforms for users to
stay connected to the Department's Open Government initiative and
provide meaningful feedback.
Initially, the iCERT LCR will provide the public with access to
appropriately redacted copies of H-1B, H-1B1, E-3, H-2A, H-2B and
permanent labor certification documents issued by the OFLC on or after
April 15, 2009; the date on which the iCERT Visa Portal System was
implemented. Beginning July 1, 2013, the iCERT LCR will post for public
access all labor certification documents no later than 2 business days
after the official decision is rendered.
III. Help Desk
Those members of the public needing technical assistance accessing
or searching the Labor Certification Registry should direct requests to
the iCERT System Team, OFLC, at [email protected], and include
``Labor Certification Registry--Technical Assistance'' in the subject
line of the email.
Signed in Washington, DC, this 14th day of January 2013.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2013-01406 Filed 1-23-13; 8:45 am]
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