Volume IX, Issue 2 April/May 2015

In This Issue
1. USADWEB Makes Donation to Nepal Earthquake Relief
2. DOL and Homeland Security Publish New H-2B Regulations
3. USADWEB Attends 2015 AILA Annual Conference
4. United States Unemployment Rate Continues to Fall Under 6%
5. PERM Processing Times as of April 16, 2015


Clients' Comments Corner:
See what our clients are saying about us!


1. USADWEB Makes Donation to Nepal Earthquake Relief

Donations for relief assistance continue to be needed as Nepal is struck by an additional 7.3 magnitude earthquake on May 12. When the initial 7.8 magnitude earthquake struck the country on April 25, USADWEB made an immediate donation to the Red Cross to assist with relief efforts. The Red Cross reports that the “combination of rains and aftershocks” have made the recovery situation that much more perilous. The official death toll has surpassed 8,000 and more than 500,000 homes have been damaged or destroyed.

Numerous relief organizations, such as the Red Cross, UNICEF, and various religious and social charities, have responded to the crisis. Survivors are in desperate need of clean water, food, shelter, and other essential living supplies.

USADWEB feels a special connection with our global neighbors given the nature of our work within the immigration field and urges those who are able to support the relief efforts by donating to one of these organizations. The people of Nepal are in desperate need of humanitarian aid. Links to a few of these relief societies are provided below.

2. DOL and Homeland Security Publish New H-2B Regulations

As a result of the March decision in the Florida court case Perez v Perez, which vacated the Department of Labor’s (DOL) 2008 H-2B regulations, the Department of Labor (DOL) and Homeland Security released new interim regulations on April 29, 2015, to be effective immediately. The federal district court in the Northern District of Florida vacated the previous regulations on the grounds that the DOL lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Consequently, US Citizenship and Immigration Services (USCIS) suspended the adjudication of H-2B petitions until new regulations could be established.

The DOL and Homeland Security announced in an April 28 press release that they were releasing a comprehensive interim final rule to “reinstate and make improvements to the program” as well as a final rule “to establish the prevailing wage methodology for that program.” The new rules include provisions that are intended to protect both U.S. workers and employers. They expand the recruitment of U.S. workers through more “real-time recruitment efforts, requiring employers to offer work to former U.S. employees first, and establishing a national electronic job registry.” They also strengthen worker protections related to wages and working conditions. However, the Departments make it clear that they intend the new rules to provide “certainty, stability, and continuity to the program in reaction to litigation on multiple fronts that has threatened to terminate employers’ ability to use H-2B workers.” The prevailing wage final rule reinstates the use of employer-provided surveys in determining the prevailing wage in limited situations. The new rules also provide interim transition procedures to allow employers time to adjust to the new rules.

There are several major differences between the old rules and the new interim rules. One is that the employer’s advertisements are now required to direct applicants to apply for the position at the nearest State Workforce Agency (SWA) office as opposed to applying directly to the employer. The interim rules have also eliminated the employer’s option to replace one of the two required newspaper advertisements with an advertisement in a professional, trade or ethnic newspaper. However, they now require the employer to advertise in a language other than English “where the CO determines it is appropriate.”  The rules also contain guidelines on specific language that should be used in the advertisements.  Furthermore, the interim rules clearly establish the Departments’ position that newspapers of general circulation “remain an important source for recruiting U.S. workers,” especially for the positions typically found in the H-2B program, thus allaying some of the uncertainty around the future of print advertising.

The Departments are requesting feedback on the interim rules through an open comment period that ends on June 29, 2015.  The new rules are available online at the Federal Register:

Comprehensive Interim Final Rule
Wage Final Rule

3. USADWEB Attends 2015 AILA Annual Conference

USADWEB looks forward to greeting current and prospective clients in our neck of the woods this year when the AILA Conference comes to National Harbor, MD, June 17-20! 

As always, our service will save you time and money. We offer free media search and provide a comprehensive quote for your ad campaign at no charge. USADWEB has been in business for over a decade, so you can trust that we have the cutting-edge knowledge and experience to meet all of your needs within your clients’ critical time constraints.

Stop by BOOTH 310 to enter our raffle to WIN an Apple Watch and to play the Immigration Trivia Quest for your chance to win fun AILA giveaways!

 

4. United States Unemployment Rate Continues to Fall Under 6%

As the United States unemployment rate continues to decline below 6%, USADWEB will be discontinuing monthly updates. If the unemployment rate changes to the point that it significantly impacts labor certification cases again, we will resume this monthly feature. Previous unemployment rate charts can still be found in our NewsBlast archives on our website.

5. PERM Processing Times as of April 16, 2015

PERM processing times are important to you and your clients. Therefore, each month USADWEB is pleased to be able to update you on the current processing times for reviews, audits, and appeals as reported on www.icert.doleta.gov:

PERM Processing Times
Processing Queue Priority Dates
Month Year
Analyst Reviews October 2014
Audits September 2013
Reconsideration Requests to the CO March 2015
Gov't Error Reconsiderations Current

The Office of Foreign Labor Certification (OFLC) is working diligently to reduce the Permanent Labor Certification Program's pending caseload. The dates on the above table reflect the month and year in which applications are now being adjudicated at the Atlanta National Processing Center. If you need assistance with an application that was filed more than 3 months prior to the month posted, you can contact the OFLC Helpdesk at plc.atlanta@dol.gov.

Clients' Comments Corner

I have been working with USADWEB for the past 4 years and their service and knowledge have been exceptional. They take the burden of placing ads off our shoulders and replace it with peace of mind. I am confident that when I request ad placement quotes, they will find the best avenues that meet the DOL's criteria, as well as providing the best possible prices. I appreciate the confirmation of postings and the organized tearsheets. I haven't had the US DOL question any of the ads posted through USADWEB and I believe that is because of the expertise and care that they provide.

(Raleigh, NC)


About USADWEB

USADWEB, LLC. is an innovative advertising agency that understands the immigration needs of companies placing recruitment advertising for labor certification cases in PERM, supervised recruitment, and H2B processes. For more than a decade, we have helped law offices and companies all over the United States meet the Department of Labor's recruiting requirements. Take advantage of our expertise and relationships with publications throughout the country. Our knowledgeable staff has experience placing all forms of recruitment: newspapers, periodicals, journals, internet job search postings, campus recruitment, radio ads, and more. Contact a representative for more information on placing your ads today!


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USADVolume IX, Issue 2 April/May 2015


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