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The period of time when an F-1 student’s status and work authorization expire through the start date of their approved H-1B employment period is known as the "Cap-Gap". 

The Department of Labor is making available Frequently Asked Questions (FAQs) to assist filers with complying with the requirements of the joint Interim Final Rule. The FAQs address the applicability of the new prevailing wage methodology, employer wage obligations, requests for review and the processing of pending H-2B prevailing wage requests and H-2B applications for temporary labor certification.

To learn more, please read the FAQs.

The Department of Labor and the Department of Homeland Security are making available for public inspection a copy of the Interim Final Rule, Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2, to be published in the Federal Register on April 24, 2013. This Interim Final Rule, developed jointly by the Departments of Labor and Homeland Security, revises the prevailing wage methodology used by the Department of Labor to calculate certain prevailing wages paid to H-2B workers and U.S.

Published by: Galveston County Daily News -  April 22, 2025

https://www.galvnews.com/international-students-in-jeopardy-as-visas-ar…

Quotes and Excerpts from Rajiv in the article:

Published by: Drop Site News -  April 20, 2025

https://www.dropsitenews.com/p/deportation-students-ice-dhs-visas

Quotes and Excerpts from Rajiv in the article:

On August 30, 2013, the Department of Labor (Department) will publish in the Federal Register a final rule to delay indefinitely the effective date of the Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program final rule (2011 Wage Rule), which was published on January 19, 2011, 76 FR 3452.

The OFLC Ombudsman is pleased to announce a new on-line survey intended to encourage stakeholder feedback on their experience with Ombudsman Program. Survey questions are designed to promote the enhancement of customer service and overall satisfaction with the Program. The survey is located on both the H-2A and H-2B Ombudsman webpages: H-2A Ombudsman Webpage H-2B Ombudsman Webpage

If an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was due to the government shutdown, USCIS will consider the government shutdown as an extraordinary circumstance and excuse the late filing, if the petitioner meets all other applicable requirements.

As a result of the unique perishable nature of agricultural commodities in the H-2A program, OFLC will temporarily (for a period not to exceed 30 days) implement the following mailing procedure:

• USCIS interim memo clarifying the eligibility requirements for a 17-month extension of Post-Completion OPT for F-1 students enrolled in STEM degree programs. Comments accepted until 11/1/13 and memo is in effect until further notice.

Please check the attached memo.

With the reopening of the federal government, USCIS has been informed that the Department of Labor’s (DOL) Office of Foreign Labor Certification is once again accepting and processing applications, including Temporary Labor Certifications (TLCs).

With the reopening of the federal government, USCIS has been informed that the Department of Labor’s (DOL) Office of Foreign Labor Certification is once again accepting and processing applications, including Temporary Labor Certifications (TLCs).

The Department of Labor’s Office of Foreign Labor Certification has announced that it will stop sending Adobe PDF copies of approved Temporary Labor Certifications (TLCs) to H-2A employers and authorized representatives on Nov. 18, 2013.

• [Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
  [Rules and Regulations]
  [Pages 69541-69543]
  From the Federal Register Online via the Government Printing Office [www.gpo.gov]
  [FR Doc No: 2013-27693]

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  DEPARTMENT OF LABOR

  Employment and Training Administration

  20 CFR Part 655

  RIN 1205-AB65

  Labor Certification Process for Logging Employment and Non-H-2A
  Agricultural Employment

The NPWC is experiencing an unprecedented number of prevailing wage determination requests (PWDRs) for H-2B labor certifications, many of which include surveys. The lingering effect of the government shutdown, coupled with the complexity of reviewing new surveys, has resulted in increasing wait times for PWDs with survey requests. Employers' needs may not be able to accommodate the longer processing times, although the NPWC is working to reduce the processing time of these surveys as quickly as possible.

FY 2013 Third Quarter for PERM,H-1B, H-2B and H-2A as of 06/15/1013

FY 2013 Q3 PERM Fact Sheet

FY 2013 Q3 H-1B Fact Sheet

FY 2013 Q3 H-2B Fact Sheet

FY 2013 Q3 H-2A Fact Sheet

Currently, the LCR displays all certified H-1B1 and E-3 Labor Condition Applications (LCA) and Permanent labor certifications, dating back to April 15, 2009. However, the Department is experiencing technical difficulties with the display of approved H-1B LCAs. In addition, due to the historical paper-based filings of H-2A and H-2B applications, these labor certification documents must be manually redacted and uploaded to the LCR and, therefore, only a limited number of records covering Fiscal Year 2013 are currently available.