As of today, DOL only accepts electronic filings of Form ETA 9141, Application for Prevailing Wage Determination, through the new Foreign Labor Application Gateway (FLAG) System. Furthermore, beginning Thursday, June 13, 2019, H‑2B applications will be accepted via FLAG, and on July 3, 2019, all H‑2B applications must be sumbmitted via FLAG
Congress passed a spending package to fund federal agencies through September 30, 2021. If signed into law, the omnibus bill and COVID-19 relief package will extend certain immigration programs set to expire, grant authority to DHS to increase the number of H-2B visas, and provide COVID-19 relief to mixed-status families.
An advance copy was made available of a new DOL final rule that adopts, with changes, the interim final rule published on October 8, 2020, making changes to the computation of prevailing wage levels. The final rule is currently pending placement on public inspection and publication in the Federal Register and is expected to take effect 60 days from the date of publication. The effective date of the rule will likely be further extended as President-Elect Biden’s transition team has indicated that his administration will issue a memorandum on January 20 delaying implementation of “midnight regulations” (i.e., regulations issued since the election but not yet effective) for 60 days. Groups that previously challenged this regulation are also expected to continue to litigate the revised final rule.
Forbes reports on the decision issued yesterday in a lawsuit filed by AILA and members of AILA’s Board of Governors challenging the new DOL interim final rule on prevailing…