DOL Regulations - Live Q&A Session with ETA

14 years ago By admin

2:00

Nancy: This is Assistant Secretary for Employment and Training Jane Oates, welcome to the Employment and Training Administration's Web chat on its Fall Regulatory Agenda. We look forward to your participation in the regulatory process. Today, we will answer questions on the ETA agenda and will take your suggestions on the agency's current priorities. Although the discussion today is not part of the formal rulemaking process, we hope this dialogue will encourage you to submit formal comments when rules are proposed. This Web chat is part of our efforts to foster broader stakeholder involvement in the formulation of regulations that have an impact on the day-to-day work and lives of many Americans. For more information about ETA and our range of employment and training programs please visit www.doleta.gov.

Tuesday December 8, 2009 12:00 Nancy

12:03

[Comment From Ryan Hess, ETRRyan Hess, ETR: ] The NPRM for TAA Merit staffing drew a variety of comments in support of and opposed to the rule. Are any significant changes to the initial proposal under consideration for final action, which the agenda projects for February?

Tuesday December 8, 2009 12:03 Ryan Hess, ETR

12:03

Nancy: Ryan, we appreciate the question. As you know, the formal comment period has closed. We will consider all comments submitted during the formal comment period. To view comments, visit www.regulations.gov.

Tuesday December 8, 2009 12:03 Nancy

12:05

Moderator:

Pardon the interruption here. Our settings from the last Web chat were still active and the responses above are from Jane Oates, not "Nancy."

Tuesday December 8, 2009 12:05 Moderator

12:06

[Comment From Ryan Hess, ETRRyan Hess, ETR: ] Could you comment on what major aspects of YouthBuild funding will come under, or be subject to major provisions of the program's forthcoming regulations?

Tuesday December 8, 2009 12:06 Ryan Hess, ETR

12:06

Jane: Ryan, the YouthBuild proposed rule is being developed and is scheduled to be published in June 2010. Generally, you can find DOL's proposed regulations and submit comments by visiting www.regulations.gov.

Tuesday December 8, 2009 12:06 Jane

12:10

[Comment From BrianBrian: ] Can you address the likliehood of any regulatory requirement mandating a certain percentage of WIA funds to be spent on training and training-related activities?

Tuesday December 8, 2009 12:10 Brian

12:10

Jane: Thank you for your question, Brian. ETA does not currently have any WIA formula program rulemaking on its Regulatory Agenda.

Tuesday December 8, 2009 12:10 Jane

12:11

Moderator: Here is Jane at the keyboard!

Tuesday December 8, 2009 12:11 Moderator

12:11

Tuesday December 8, 2009 12:11

12:11

[Comment From Matthew KriezelmanMatthew Kriezelman: ] When is ETA going to begin accepting PERM applications on the new icert platform?

Tuesday December 8, 2009 12:11 Matthew Kriezelman

12:11

Jane: Matthew, we intend to start accepting PERM applications on the iCert platform at some point after other priorities have been met. For example, we have as a top priority the implementation of an electronic prevailing wage determination submission that will help with all foreign labor certification applications.

Tuesday December 8, 2009 12:11 Jane

12:12

[Comment From ShahidShahid: ] Regarding ETA's Foreign Labor Certification division, are there any plans to reduce the enormous backlog (current processing time is around 11-12 months)?

Tuesday December 8, 2009 12:12 Shahid

12:13

Jane: Thanks, Shahid, for your question. We have and will continue to implement mechanisms to reduce processing times in PERM, including the hiring and training of additional federal staff to reduce the backlog.

Tuesday December 8, 2009 12:13 Jane

12:15

[Comment From BABA: ] Not sure if this is the proper forum to address this, but I recently saw new regs regarding the procedures for obtaining prevailing wages for H-1B and labor cert filing. the reg. stated that the request can only be submitted by mail. will there be an option to fax or email the request any time soon?? if so, when??

Tuesday December 8, 2009 12:15 BA

12:15

Jane: Thanks, BA, for your question. The Federal Register notice on December 4, 2009, notified employers of the new address of the prevailing wage processing center for mailing applications. We also are working on the electronic submission of prevailing wage determination requests.

Tuesday December 8, 2009 12:15 Jane

12:17

[Comment From John QJohn Q: ] Could you comment on the major backlogs in processing Foreign Labor Certifications, especially PERM and H1b cases? Any proposed rules on this subject?

Tuesday December 8, 2009 12:17 John Q

12:17

Jane: John, take a look at my answer to Shahid's question.

Tuesday December 8, 2009 12:17 Jane

12:18

[Comment From TonyTony: ] Are there DOL ETA plans to make Employee Learning Week a broader initiative with deeper involvement from ETA?

Tuesday December 8, 2009 12:18 Tony

12:19

Jane: Tony, we applaud the American Society for Training and Development's (ASTD) initiative but have not done anything specific to their efforts this year. We are commited to on-going efforts to expand professional development opportunities for all of our employees, we invite your suggestions.

Tuesday December 8, 2009 12:19 Jane

12:20

[Comment From IsabelIsabel: ] The current H-2B regulations concerning recruitment of domestic workers occurs for only 10 days (up to four months prior to the start date of the job), does that adequatley test the U.S. labor market for available workers?

Tuesday December 8, 2009 12:20 Isabel

12:20

Jane: We appreciate your question, Isabel. The adequacy of the recruitment of the domestic workforce is an issue that the department will consider in its upcoming rulemaking. The input of the public in this process will be greatly appreciated. We encourage you to submit comments at www.regulations.gov once we publish our notice of proposed rulemaking.

Tuesday December 8, 2009 12:20 Jane

12:20

[Comment From ClaudiaClaudia: ] When will ETA finalize regulations pending on the state unemployment insurance trust funds?

Tuesday December 8, 2009 12:20 Claudia

12:20

Jane:

Thanks for this question, Claudia. As of now, regulations are scheduled to be published in July 2010.

Tuesday December 8, 2009 12:20 Jane

12:24

[Comment From Catherine HaightCatherine Haight: ] What is the goal for date of implementation of the electronic prevailing wage determination submission?

Tuesday December 8, 2009 12:24 Catherine Haight

12:24

Jane: Thank you for your question, Catherine. Our IT department is working on it and several other forms. When they have been fully tested, the forms will be implemented and a notice will go out to the public.

Tuesday December 8, 2009 12:24 Jane

12:24

[Comment From AndrewAndrew: ] Can you provide details about how the the new PERM prevailing wage process work, which I understand will become effective on January 1st. Also, in your response, let us know how long it will take to obtain a prevailing wage determination. Many thanks

Tuesday December 8, 2009 12:24 Andrew

12:24

Jane: Andrew, thank you for your question. The Federal Register notice on December 4, 2009, laid out the process by which employers and their representatives will seek prevailing wage determination. The requests are to be submitted on Form 9141. The notice contains the address to which these requests should be submitted.

Tuesday December 8, 2009 12:24 Jane

12:25

[Comment From Christina, Women EmployedChristina, Women Employed: ] What information gathering are you doing on Recovery Act implementation, that will inform your plans for WIA reauthorization?

Tuesday December 8, 2009 12:25 Christina, Women Employed

12:25

Jane: Christina, unrelated to the Recovery Act, ETA and the Dept. of Education have been conducted WIA listening sessions with a variety of stakeholder groups and we are sharing all that information with the authorizers in the Senate and the House.

Tuesday December 8, 2009 12:25 Jane

12:30

[Comment From Ryan Hess, ETRRyan Hess, ETR: ] Will the H-2B regulatory proposal move the program away from an attestation-based model, as has been the direction with the H-2A program?

Tuesday December 8, 2009 12:30 Ryan Hess, ETR

12:30

Jane:

Ryan, the department is considering all options in developing the H-2B NPRM.

Tuesday December 8, 2009 12:30 Jane

12:30

[Comment From ShaiShai: ] Regarding the LCA system, there seems to be a major problem with the Department of Labor being able to verify legitimate companies Federal Employment Identification Numbers. This failure to verify obviously valid companies results in denial of LCAs and companies requiring to demonstrate proof of a valid FEIN before the company can file again. What is being done to correct this?

Tuesday December 8, 2009 12:30 Shai

12:30

Jane: Shai, regarding the LCA system, in seeking to verify the FEINs of employers seeking certification of labor condition applications the Department implemented the recommendations of the Government Accountability Office. The Department has made improvements on its verification process and verifications are occuring within 48 hours of the receipt of the documentation.

Tuesday December 8, 2009 12:30 Jane

12:30

[Comment From DTDT: ] Does ETA have any pending regulations which will assist disabled persons in finding employment or training?

Tuesday December 8, 2009 12:30 DT

12:30

Jane: Thank you for your question, DT. No regulations are pending regarding assisting disabled persons with employment and training. However, we are working on a number of initiatives to provide people with disabilities better access to, and services from, the One-Stop delivery system.

Tuesday December 8, 2009 12:30 Jane

12:31

[Comment From MatthewMatthew: ] What is the best way to check on the status of a long pending PERM case?

Tuesday December 8, 2009 12:31 Matthew

12:31

Jane: Matthew, the Department's Office of Foreign Labor Certification Web site at www.foreignlabor.doleta.gov contains the information for contacting the Atlanta Processing Center.

Tuesday December 8, 2009 12:31 Jane

12:34

[Comment From MikeMike: ] Will the ETA consider extending PERM like regulations for H-2B workers to allow employers to have multi year certifications to match multi year contracts?

Tuesday December 8, 2009 12:34 Mike

12:34

Jane: Mike, thanks for your question. The Department is in the initial stages of its H-2B rulemaking and will consider all options. We welcome the public's input during the comment process. You can submit comments once the NPRM is published at www.regulations.gov.

Tuesday December 8, 2009 12:34 Jane

12:35

[Comment From EvelynEvelyn: ] Under the electronic wage system will there be one central office reviewing prevailing wage requests for all states?

Tuesday December 8, 2009 12:35 Evelyn

12:36

Jane: Evelyn, thanks for your question. Yes, on Friday, December 4, the Department announced in the Federal Register that a centralized office has been opened in Washington, D.C., and effective January 1, 2010, it will begin accepting all ETA Form 9141s.

Tuesday December 8, 2009 12:36 Jane

12:37

[Comment From GuestGuest: ] Can you clarify the effective date of the new federal prevailing wage determination system, and the end of the SWAs? The Federal Register notice states effective December 15, 2009,and in another place states January. Can you please clarify. Thank you.

Tuesday December 8, 2009 12:37 Guest

12:38

[Comment From DarleneDarlene: ] Are there any new training services available from the One-Stop centers to specifically target the many laid off steelworkers?

Tuesday December 8, 2009 12:38 Darlene

12:39

Jane: Darlene, Steelworkers and other unemployed workers have expanded resources available for training through additional Recovery Act funding for dislocated workers and the expanded Trade Adjustment Assistance program.

Tuesday December 8, 2009 12:39 Jane

12:39

Jane: Guest, we appreciate your question. Please see my response above to Evelyn at 12:36 p.m.

Tuesday December 8, 2009 12:39 Jane

12:40

[Comment From MatthewMatthew: ] Is there any way that ETA can provide a phone number for any special requests through the PERM program?

Tuesday December 8, 2009 12:40 Matthew

12:40

Jane: Matthew, thanks for this question. The Department prefers written requests to minimize any misunderstandings in communication. There are no plans to change that practice.

Tuesday December 8, 2009 12:40 Jane

12:42

[Comment From Anne via emailAnne via email: ] Effective January 1, 2010, all prevailing wage requests for PERM applications and temporary non-immigrant applications are required to be mailed to Washington DC. Does DOL have an estimated turn around time for processing these requests upon receipt? When does DOL expect to have a fax line available for this process (similar to what we now have)? When does DOL expect to be able to accept requests for prevailing wages electronically? Will this process result in a better "vetting" of companies who file Labor Condition Applications (LCAs) through iCERT? Specifically, companies who have been receiving standard "denials" on LCAs because of issues with the Federal Employer Identification Number. Finally, are the questions and answers from this forum going to be made public?

Tuesday December 8, 2009 12:42 Anne via email

12:42

Jane: Anne, thank you for questions; I've answered most of them already in the chat. With respect to your last questions, these questions and answers are immediately saved on the site, and will be available at www.dol.gov/regulations.

Tuesday December 8, 2009 12:42 Jane

12:45

[Comment From ClaudiaClaudia: ] Regarding your answer to Evelyn's question - how will a centralized office improve the speed and efficiency of processing prevailing wage requests?

Tuesday December 8, 2009 12:45 Claudia

12:46

Jane: Claudia, A centralized office will provide consistent adjudication of all prevailing wage requests. Consistent to judication will enable the Department to ensure that its statutory mandate with respect to the labor certification programs is being met.

Tuesday December 8, 2009 12:46 Jane

12:46

[Comment From AndrewAndrew: ] Regarding the new prevailing wage determination system, I cannot understand how the agency will handle the multitude of mail-in requests and still meet customer needs for filing H-1B petitions on a timely basis. Can you explain how the mail-in procedure will work? Many thanks.

Tuesday December 8, 2009 12:46 Andrew

12:46

Jane: Andrew, thank you for continuing to participate in this chat. Again, we suggest that you read the Federal Register notice that was published on Friday, Dec. 4. It explains all of the filing requirements for program users.

Tuesday December 8, 2009 12:46 Jane

12:49

[Comment From C. Michael FerraroC. Michael Ferraro: ] [Reposted from yesterday's chat with the Secretary] I know that this is probably a question for ETA tomorrow, but, your thoughts on when WIA will be reauthorized?

Tuesday December 8, 2009 12:49 C. Michael Ferraro

12:49

Jane: Michael, hopefully the reauthorization of the Workforce Investment Act will be considered by Congress in 2010. We feel that the reauthorization offers us the opportunity to build on demonstrated best practices, to coordinate more effectively with other federal programs and to eliminate barriers to serving the neediest customers.

Tuesday December 8, 2009 12:49 Jane

12:49

[Comment From MikeMike: ] The BLS published OES wages often appear to lack actual data or leapfrogs data across large geographic areas in an attempt to seed higher wages. This is creating a situation where inaccurate data is fueling the PWD process, and cascading wage inflation for the future based on inaccurate data and dysfunctional statistical models. Will the ETA look into this matter?

Tuesday December 8, 2009 12:49 Mike

12:49

Jane: Mike, ETA will discuss the OES issue you raise with BLS.

Tuesday December 8, 2009 12:49 Jane

12:53

[Comment From Yasmin BlackburnYasmin Blackburn: ] Anne asked quite a few questions, but one I had as well that hasn't been answered is how long the turnaround time would be for wag requests?

Tuesday December 8, 2009 12:53 Yasmin Blackburn

12:53

[Comment From AndrewAndrew: ] Following up on Shahid's question, how long is it taking to process PERM applications?

Tuesday December 8, 2009 12:53 Andrew

12:53

Jane: Yasmin, it is impossible to provide an accurate answer for how long any process takes. Each request is unique - and the time to final deterrmination is directly linked to the completeness of information and complexity of the particulars of the request.

Tuesday December 8, 2009 12:53 Jane

12:53

[Comment From JudyJudy: ] Can you give us some idea as to why it takes almost two years for DOL to give the results of a PERM audit?

Tuesday December 8, 2009 12:53 Judy

12:54

Jane:

Andrew and Judy - Please see my response to Yasmin, above.

Tuesday December 8, 2009 12:54 Jane

12:57

[Comment From MatthewMatthew: ] Currently when submitting prevailing wage determinations with SWA we are able to communicate directly with the officers of the SWA, either by phone or email if we believe they made a mistake in the determination. Is there going to be a way to speak directly with the officer who makes the determination under the new process?

Tuesday December 8, 2009 12:57 Matthew

12:57

Jane: Matthew, please see our previous answer about direct contact on PERM applications.

Tuesday December 8, 2009 12:57 Jane

1:01

[Comment From JudyJudy: ] How many persons on staff are reviewing PERM applications? Is there another division reviewing Audits?

Tuesday December 8, 2009 1:01 Judy

1:01

Jane: Judy, the entire Atlanta Processing Center is concentrating solely on processing PERM applications. Some staff concentrate solely on audited applications.

Tuesday December 8, 2009 1:01 Jane

1:02

[Comment From NSNS: ] Our office moved and we reported change of address but certified and audits are not being delivered to us. Any suggestions?

Tuesday December 8, 2009 1:02 NS

1:02

Jane: NS, each program has specific instructions for how to inform us of a change of address. Please go to www.foreignlaborcert.doleta.gov for more information.

Tuesday December 8, 2009 1:02 Jane

1:03

[Comment From jhyjhy: ] when do you expect final H2A regulations will published?

Tuesday December 8, 2009 1:03 jhy

1:03

Jane: jhy, As stated in the new Regulatory Agenda, the Department expects to publish a final H-2A rule in February 2010.

Tuesday December 8, 2009 1:03 Jane

1:04

[Comment From ShaiShai: ] Jane, thank you for answering my question. The problem here is not the DOL taking only 48 hours to verify companies once FEIN information is submitted. The problem is that legitimate businesses with obviously valid FEINs should not be made to submit such proof. There has to be a better way for the DOL to verify companies FEINs. Surely, there is a way to do this, no?

Tuesday December 8, 2009 1:04 Shai

1:04

Jane: Shai, thank you for your thoughts. As a matter of thoroughness and at the recommendation of the General Accountability Office (GAO), we review all employer FEINs to determine whether they are legitimate. When the FEIN does not appear to be valid through various databases and other checks, we must deny the Labor Condition Application (LCA). Employers can proactively submit FEIN information before filing as outlined in the LCA Frequently Asked Questions recently posted to the Department's Office of Foreign Labor Certification Web site, http://www.foreignlaborcert.doleta.gov/.

Tuesday December 8, 2009 1:04 Jane

1:04

[Comment From MarkMark: ] Do you see Wagner-Peyser as the delivery mechanism for Title 1 services

Tuesday December 8, 2009 1:04 Mark

1:04

Jane: Mark, Wagner-Peyser is a major program supporting services in the One-Step system in an integrated manner with all Title I Workforce Investment Act programs and other partner services.

Tuesday December 8, 2009 1:04 Jane

1:05

[Comment From Sateesh ChakilamSateesh Chakilam: ] Why are foreign labor certifications denied at USCIS at later state on Eb2 and Eb3 basis ? are they not supposed to be handled at PERM level?

Tuesday December 8, 2009 1:05 Sateesh Chakilam

1:05

Jane: Sateesh, the determination of preference status (EBZ and EB3) is a CIS determination and the Department has no statutory role in that determination.

Tuesday December 8, 2009 1:05 Jane

1:05

Jane: Thank you for taking the time to participate in today's Web chat. We look forward to your continued comments as we move forward with the formal rulemaking process on several of these agenda items. Your input is important to ETA as we develop regulations that make sure all workers have access to good jobs that offer the wage security and benefits they deserve. As proposed rules are published, I invite you to submit your comments at www.regulations.gov.

Agency

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