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UNCLASSIFIED
STATE
00112850
AUG 13
SUBJECT: NEXT STEPS ON DOMA

GUIDANCE FOR POSTS

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.

According to "Times of India" :

The US government plans to punish Indian outsourcing giant Infosys with the largest immigration fine ever for seeking visas fraudulently for workers at big clients in America, the Wall Street Journal reported. 

Infosys is accused of putting workers on visitor visas rather than work visas. The former are much easier and cheaper to obtain than the latter. The fine is expected to be about $35 million, the paper said, quoting people close to the matter. 

OFLC appreciates the challenges the regulated community has experienced as a result of the lapse in appropriations, which resulted in the cessation of the operation of OFLC's electronic systems, and further resulted in a backlog of documents submitted to OFLC during that period by mail, hand-delivery, or email. As a result of the government shutdown, OFLC is implementing the following temporary changes to its standard procedures related to document timeliness:

[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Rules and Regulations]
[Pages 66813-66815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26590]

[[Page 66813]]

Vol. 78

Wednesday,

No. 215

November 6, 2013

Part II Department of State

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22 CFR Part 41

The NPWC uses the Prevailing Wage Determination Policy Guidance in issuing wage determinations for the Nonagricultural Immigration Programs. The Department updated the guidance in November 2009 following the publication of the H-2B regulation and the corresponding changes to PERM, H-1B, H-1B1, H-1C and E-3 regulations that affected the prevailing wage determination process. To read the updated Prevailing Wage guidance, pleaseclick here.

 Below are Fact Sheets for 4th Quarter of FY 2013 (07/01/2013-09/30/2013)

PERM

Prevailing Wage Determination

H-1B LCA 

On October 17, 2013, the United States Department of Agriculture (USDA) announced a change in the schedule for the release of certain reports due to the lapse in Federal appropriations resulting in the Government shutdown. Among the affected reports is the Farm Labor Survey (FLS) report upon which the Department relies in order to establish the Adverse Effect Wage Rates in the H-2A program. The new release date for the FLS report will be December 5, 2013.

U.S. Citizenship and Immigration Services (USCIS) recently began transferring some extension of stay casework from the Vermont Service Center to the California Service Center to balance workloads. The affected casework includes the following form:

• I-129, Petition for a Nonimmigrant Worker, filed by an employer to extend the stay of an alien to perform services as an H-1B specialty occupation worker.

How You Will Be Affected

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.