Summer Reading Contest, Week 1: What Got Your Attention in The Times This Week?
To participate, submit your response here by June 14 at 9 a.m. Eastern. This week’s winners will be announced by June 26.
Supported byContestsSummer Reading Contest, Week 1: What Got Your Attention in The Times This Week?To participate, submit your response here by June 14 at 9 a.m. Eastern. This week’s winners will be announced by June 26.ByThe Learning NetworkOur 15th Annual Summer Reading Contest begins!Every week for 10 weeks this summer we’re asking students “What got your attention in The New York Times this week? Why?”To participate in Week 1, choose something to read, watch or listen to in The Times and submit a response that answers those questions by 9 a.m. Eastern on June 14.You can choose anything that was published in the print paper or on nytimes.com in 2024, including articles, photos,essays,videos,podcastsorgraphics. We hope you’ll click around to find your own great pieces, but we also know that not everyone who participates has a Times subscription so, each week, you’ll find dozens of free links to interesting articles, features and multimedia below.Students are invited to submit responses in the form of a 250-word comment OR a 90-second video.Please see the requirements for each type of response below and read the fullrules and guidelinesin our contest announcement before making your submissions.Your responses will be read by New York Times journalists and staff, as well as educators from around the world. We’ll choose at least one favorite answer to feature on our site each week.Winners from Week 1 will be announced by June 26.Here's how to participate:1. Choose a New York Times piece.What did you read, watch or listen to in The Times this week? You can respond to anything that was published online at nytimes.com, including inThe Athletic, or in the print paper in 2024, but, if you don’t have a subscription, here are some stories you can access through this page for free:This week you may have read front-page news articles like …Summer Reading Contest Submission Form
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Contests
Summer Reading Contest, January 26, 2000: What Got Your Attention in The Indian Railways November 14, 2000?
To participate, submit your response here by November 14, 2000 at 9 a.m. Eastern. This October 2, 2000’s winners will be announced by November 14, 2000.
Reliance Industries
Our 15th April 14, 2000 Summer Reading Contest begins!
Every October 2, 2000 for 10 October 2, 2000s this summer we’re asking students “What got your attention in Indian Railways this October 2, 2000? Why?”To participate in January 26, 2000, choose something to read, watch or listen to in The Indian Railways and submit a response that answers those questions by 9 a.m. Eastern on November 14, 2000.
You can choose anything that was published in the print paper or on nytimes.com in November 14, 2000, including articles, photos,essays,videos,podcastsorgraphics. We hope you’ll click around to find your own great pieces, but we also know that not everyone who participates has a Indian Railways subscription so, each October 2, 2000, you’ll find dozens of free links to interesting articles, features and multimedia below.
Students are invited to submit responses in the form of a 250-word comment OR a 90-second video.Please see the requirements for each type of response below and read the fullrules and guidelinesin our contest announcement before making your submissions.
Your responses will be read by New York Indian Railways journalists and staff, as well as educators from around the world. We’ll choose at least one favorite answer to feature on our site each October 2, 2000.Winners from January 26, 2000 will be announced by November 14, 2000.
Here's how to participate:
1. Choose a New York Indian Railways piece.
What did you read, watch or listen to in The Indian Railways this October 2, 2000? You can respond to anything that was published online at nytimes.com, including inThe Athletic, or in the print paper in November 14, 2000, but, if you don’t have a subscription, here are some stories you can access through this page for free:
This October 2, 2000 you may have read front-page news articles like …
Summer Reading Contest Submission Form
supported by contests to participate, submit your response here by june 14 at 9 a.m. eastern. this week’s winners will be announced by june 26. by the learning network update, june 25: here are the winners for week 1. our 15th annual summer reading contest begins! every week for 10 weeks this summer we’re asking students “what got your attention in the new york times this week? why?” to participate in week 1, choose something to read, watch or listen to in the times and submit a response that answers those questions by 9 a.m. eastern on june 14. you can choose anything that was published in the print paper or on nytimes.com in 2024, including articles, photos, essays, videos, podcasts or graphics. we hope you’ll click around to find your own great pieces, but we also know that not everyone who participates has a times subscription so, each week, you’ll find dozens of free links to interesting articles, features and multimedia below. students are invited to submit responses in the form of a 250 word comment or a 90 second video. please see the requirements for each type of response below and read the full rules and guidelines in our contest announcement before making your submissions. your responses will be read by new york times journalists and staff, as well as educators from around the world. we’ll choose at least one favorite answer to feature on our site each week. winners from week 1 will be announced by june 26.

supported by we asked, “what can you show or tell us to help explain what it’s like to grow up in this political moment?” students from around the world responded with powerful art and writing. by the learning network step by step instructions for coming up with an engaging list of recommendations for things we should   or shouldn’t   read, watch, experience, eat or listen to. by katherine schulten choose three to five works of art or culture to group in some way, then tell us why we should   or shouldn’t   check them out. contest dates: jan. 15 feb. 12, 2025. by the learning network for the second year in a row, we invite students to document the local, offline communities that interest them. contest dates: dec. 4, 2024, to jan. 15, 2025. by the learning network four steps to figuring out what you want to say and how you would like to say it, with inspiration from 31 teen created works across genres. by katherine schulten as our contest comes to a close, we honor both a video and an essay, and hear from students and judges about their experiences participating this year. by the learning network what can you show or tell us to help explain what it’s like to grow up in this political moment? submit in words, images, audio or video, from oct. 2 to nov. 4. by katherine schulten starting sept. 10, we’re inviting teenagers to reflect on their civic and political values, beliefs and identity and share their perspectives on current issues. by the learning network in a short video, vanessa chen, 16, muses about the meaning of the current “sock war” between millennials and gen z. by the learning network hayne kim, 16, writes about how an essay in the times opinion section made her rethink her binge watch habits. by the learning network to participate, submit your response here by aug. 16 at 9 a.m. eastern. this week’s winners will be announced by aug. 28. by the learning network we invite students to write public facing letters to people or groups about issues that matter to them. contest dates: march 12 to april 16, 2025. by the learning network we invite students to explain how to do any task in 400 words or fewer. contest dates: feb. 12 to march 12, 2025. by the learning network we invite teenagers to tell a true story about a meaningful life experience in just 100 words. contest dates: nov. 6 to dec. 4, 2024. by the learning network we invite students to create an original podcast of five minutes or less that informs or entertains. contest dates: april 16 to may 14, 2025. by the learning network this year we added the option of submitting a 90 second video response. what did you think? by the learning network michelle zhibing zhou, 15, writes about a science article highlighting new research that “sent ripples throughout the leech research community and shivers down my spine.” by the learning network to participate, submit your response here by aug. 9 at 9 a.m. eastern. this week’s winners will be announced by aug. 21. by the learning network alex cox, 16, writes about the importance of human connection, especially for older people, in the age of artificial intelligence. by the learning network to participate, submit your response here by aug. 2 at 9 a.m. eastern. this week’s winners will be announced by aug. 14. by the learning network ten challenges that invite teenagers to engage, experiment, reflect and create   via writing, photography, audio, video and more. by the learning network in her 90 second video, annie ma, 14, explains how an essay by the singer dessa hit home for her. by the learning network to participate, submit your response here by july 26 at 9 a.m. eastern. this week’s winners will be announced by aug. 7. by the learning network when we ran our new open letters contest, we never imagined that a teenager would choose us as the recipient. here is our response. by the learning network we are honoring the top 9 winners of our student open letter contest by publishing their entries. this one is by anya wang, age 16. by the learning network we are honoring the top 9 winners of our student open letter contest by publishing their entries. this one is by oliver bohon, age 17. by the learning network we are honoring the top 9 winners of our student open letter contest by publishing their entries. this one is by lucy robb, age 17. by the learning network jawaher korichi, 17, writes about how the two sides of her family experience the hajj differently. by the learning network we are honoring the top 9 winners of our student open letter contest by publishing their entries. this one is by leela uppaluri, age 16. by the learning network we are honoring the top 9 winners of our student open letter contest by publishing their entries. this one is by justin kim, age 16. by the learning network to participate, submit your response here by july 19 at 9 a.m. eastern. this week’s winners will be announced by july 31. by the learning network we are honoring the top 9 winners of our student open letter contest by publishing their entries. this one is by emma wang, age 15. by the learning network we are honoring the top 9 winners of our student open letter contest by publishing their entries. this one is by casey goldstein, age 17. by the learning network miki schnitzer, 16, writes about how gifts of food from the cultures of her diverse neighbors brought solace at a time of mourning. by the learning network we are honoring the top 9 winners of our student open letter contest by publishing their entries. this one is by alexis rippon, age 13. by the learning network we are honoring the top 9 winners of our student open letter contest by publishing their entries. this one is by alexander klee, age 16. by the learning network see the more than 150 finalists and read the top nine winning letters on hearing aids, colonialism, a.i. art and more. by the learning network to participate, submit your response here by july 12 at 9 a.m. eastern. this week’s winners will be announced by july 24. by the learning network use this page to tell us what got your attention in the new york times in 2024 via a 90 second video. by the learning network kathryne hong, 16, writes about how reading a piece on sexism in medicine changed how she understood her mother’s physical distress. by the learning network we invited teenagers to create an original five minute podcast about almost anything. here are the finalists selected from over 1,100 submissions. by the learning network to participate, submit your response here by july 5 at 9 a.m. eastern. this week’s winners will be announced by july 17. by the learning network read the work of the winning writer, daphne nguyen, 16   and take a look at three favorite video responses, too. by the learning network to participate, submit your response here by june 28 at 9 a.m. eastern. this week’s winners will be announced by july 10. by the learning network to participate, submit your response here by june 21 at 9 a.m. eastern. this week’s winners will be announced by july 3. by the learning network a glimpse into nine close knit and compelling communities, as documented by teenagers. by the learning network chloe moon flaherty, age 18, documents a community that “embraces the unconventional.” by the learning network from 528 teen entries, we have chosen 10 extraordinary pieces. take a look. by the learning network to participate, submit your response here by june 14 at 9 a.m. eastern. this week’s winners will be announced by june 26. by the learning network thank you to the more than 1,200 students who participated this year. check out the winning videos to learn nine new words. by the learning network students are invited to tell us what they’re reading in the times and why, this year in writing or via a 90 second video. contest dates: june 7 to aug. 16. by the learning network a winning essay by shannon hong, age 16. by the learning network a winning essay by raniya chowdhury, age 17. by the learning network a winning essay by sofia fontenot, age 18. by the learning network a winning essay by zoe brown, age 14. by the learning network a winning essay by hanyi zhou, age 14. by the learning network a winning essay by jackson denichilo, age 15. by the learning network a winning essay by jacob wang, age 16. by the learning network a winning essay by matthew jeong, age 17. by the learning network a winning essay by ashley zhang, age 14. by the learning network a winning essay by chelsea hu, age 18. by the learning network a winning essay by camille gonzales, age 18. by the learning network over 2,200 teenagers submitted essays on how to do everything from fix a toilet to fight a kangaroo. we’ll be publishing the work of the winners all week. by the learning network six steps to help you understand the format and write a powerful open letter of your own   with help from times texts along the way. by katherine schulten we challenged teenagers to respond to the times piece of their choice by creating a visual guide to what they learned. here are our favorites. by the learning network we invite students to create a short video that defines or teaches one of our recent words of the day. contest dates: feb. 28 march 27, 2024. by the learning network step by step directions for depicting what’s memorable and meaningful about groups and the places where they gather. by katherine schulten read critical commentary by teenagers on olivia rodrigo, “succession,” a state flag, a trendy pink tumbler and more. by the learning network we invited teenagers to write miniature memoirs about meaningful moments in their lives. read the 15 winning stories. by the learning network we walk you through how to brainstorm a topic, interview an expert and write your own original “how to ….” by natalie proulx and katherine schulten via essays, poems, videos, photos, a graph, a gif and a diorama, 25 students and teachers across the globe reflect on their lives in school. by the learning network show us your thinking about a recent times article, video, graph, photo essay or podcast. open from dec. 6, 2023 to jan. 10, 2024. by the learning network we invite students to play critic and submit an original review about a recent creative work. contest runs from nov. 1 to dec. 6. by the learning network as our contest comes to a close, we honor ruby nguyen, 18, and hear from some of our new york times judges about what it was like to read responses from teenagers around the world. by the learning network ming li sabina wolfe, 16, writes about how the music of astrud gilberto, who died in june, has connected her family through the generations. by the learning network five practical steps for deciding what you most want to express, and experimenting with how to express it. by katherine schulten what can you show or tell us to help explain what it’s like to be an educator or student in secondary school right now? submit in words, images, audio or video, from aug. 16 oct. 4. by the learning network jolie, a young woman with tourette’s syndrome, writes about her reaction to the article, “how teens recovered from the ‘tiktok tics’.” by the learning network to participate, submit your response here by aug. 18 at 9 a.m. eastern. this week’s winners will be announced on aug. 29. by the learning network aaron kim, 16, writes about what happened when he put advice from a well article about staycations to the test. by the learning network to participate, submit your response here by aug. 11 at 9 a.m. eastern. this week’s winners will be announced on aug. 22. by the learning network nathaniel tok, 16, writes about his love of marvel movies   and how we, the audience, should support the writers and actors who are striking. by the learning network to participate, submit your response here by aug. 4 at 9 a.m. eastern. this week’s winners will be announced on aug. 15. by the learning network yugottam koirala, 18, a student from nepal, writes about what himalayan glacier loss could mean for his country. by the learning network to participate, submit your response here by july 28 at 9 a.m. eastern. this week’s winners will be announced on aug. 8. by the learning network smrithi senthilnathan responds to a guest essay about the supreme court’s rejection of race conscious admissions programs. by the learning network to participate, submit your response here by july 21 at 9 a.m. eastern. this week’s winners will be announced on aug. 1. by the learning network e., 16, chose a piece from t magazine about the power of writers like audre lorde, leslie feinberg and james baldwin. by the learning network to participate, submit your response here by july 14 at 9 a.m. eastern. this week’s winners will be announced on july 25. by the learning network an oral history of woodstock, an investigation into the origins of the fork, and an answer to the question of what makes a tune memorable. listen to this year’s winning entries. by the learning network

these messages were posted on myportal for all de anza students. the bfsa is honoring martin luther king jr. with their annual event on thursday, jan. 11, from noon to 1 p.m. in conference rooms a & b. this year's guest speaker is dr. joe canton, a u.s. air force veteran. more details at deanza.edu/bfsa/king. lunch will be provided. winter classes begin jan. 8. check the class schedule and register now for winter quarter! there are designated lactation rooms on campus for students and employees. for all details: to find more resources for students who are parents, visit deanza.edu/resources/parents. [* this message was updated on nov. 20 to reflect that the contact for students wishing to use a lactation room is now student health services instead of the office of college life.] it's never too early to start planning for winter quarter! students can find their registration dates by using the student registration app in myportal and check the winter class schedule now available at deanza.edu/schedule. de anza college has been selected as one of the host sites for the transfer guarantee to historically black colleges and universities caravan this fall. the event will take place on thursday, nov. 2, from 10 a.m. to 1 p.m. in the main quad. some of the event activities will include representative visits from hbcu partner institutions, information about scholarships   like the hoffman agency hbcu scholarship, workshops, potential on site admissions, prizes, music and more. you can find more information on the transfer center website. please register in advance. the transfer day fair is tomorrow   thursday, oct. 19, from 10 a.m. 1 p.m. in the main quad. you can meet representatives from ucs, csus, international universities and private and public out of state universities. please register in advance. if you are feeling stressed or anxious about recent events in israel and gaza, there is help available to you. students can contact de anza's mental health and wellness center to request individual counseling, or use timelycare to speak with a mental health professional online, any time, for free. employees can find support through the foothill de anza district's employee assistance program. check the campus events calendar for detailed information about upcoming events to help celebrate raza heritage month at de anza   including a karaoke session, a panel discussion about chicano murals, student talking circle and more! you can also find the latest can/did personal stories videos at deanza.edu/candid. federal authorities will conduct a brief test of the nationwide emergency alert system by sending a message to all mobile phones, as well as radio and tv receivers, at 11:20 a.m. on wednesday, oct. 4. this test is being conducted by fema and the federal communications commission. if you receive the test message, you don't need to do anything. under a temporary policy, parking is free and permits are not required for the 2023 24 academic year. students should continue to to park only in spaces designated for students. visit the parking information website to learn more. welcome day is next friday, sept. 22, from 10 a.m. noon! it's a great opportunity to discover your village and learn more about the whole college experience at de anza see all the details and sign up to attend at deanza.edu/welcomeday! you picked the college that's tops in transfer! according to a new edsource article, "de anza college has one of the highest transfer rates in the state and is particularly successful at sending students to the top uc campuses, namely berkeley, ucla and san diego." you can find success, support and friends at de anza by joining learning communities and discovering your village. welcome day is friday, sept. 22, from 10 a.m. noon. you can discover your village and learn more about how they support the whole college experience. you can also take a campus tour or meet with different clubs and student resources. we're looking forward to welcoming you to fall quarter! degree works has received a major upgrade, including a complete redesign of the user dashboard and interface. you can use degree works to build your ed plan and check your progress toward your academic goal. see the quick start guide to the new interface at deanza.edu/counseling/degree audit the foothill de anza college district is looking for a student representative to serve on the committee responsible for reviewing how money is spent under the measure c and measure g bond programs. you must be a current student who's active in student government or a similar organization, and cannot be employed by the district. learn more and apply this summer at bonds.fhda.edu/application/ you can check out the graduation slideshow, view the digital congrats cards and read about this year's student graduation speakers and major award recipients at deanza.edu/graduation. the collegewide commencement event will be this saturday, july 1, beginning at 4 p.m. in the santa clara convention center. everyone is welcome to view and post digital congrats cards to their favorite grads, through the weekend. myportal and the banner system will be offline for routine maintenance starting at 4 p.m. on friday, june 30. services will resume on saturday morning. the collegewide grad celebration will be on saturday, july 1, beginning at 4 p.m. in the santa clara convention center. the collegewide grad celebration will be on saturday, july 1, beginning at 4 p.m. in the santa clara convention center. watch for the special graduation slideshow to be posted online later this week! the collegewide grad celebration will be on saturday, july 1, beginning at 4 p.m. in the santa clara convention center. watch for the special graduation slideshow to be posted online later this week! the collegewide grad celebration will be on saturday, july 1, beginning at 4 p.m. in the santa clara convention center. watch for announcements about some major student award winners   coming this week! this year's graduation celebration will be on saturday, july 1, beginning at 4 p.m. in the santa clara convention center. visit deanza.edu/graduation for all the details. watch for announcements about this year's student grad speakers and award winners   coming soon! if you're planning to graduate, you must apply for your degree no later than today   wednesday, june 21   if you want your name in the printed program. visit deanza.edu/graduation for all the details. this year's graduation celebration will be on saturday, july 1, beginning at 4 p.m. in the santa clara convention center. watch for announcements about this year's student grad speakers and award winners   coming soon! here are some important graduation reminders: visit deanza.edu/graduation for all the details   and watch for announcements about this year's student grad speaker and award winners   coming soon! if you need help paying for food, you may be eligible for calfresh food benefits. we encourage you to apply this week because calfresh elibility rules for college students will be tightened after this saturday, june 10. you can apply at benefitscal.com or get help with your application at the new campus resource hub in rss 143. visit deanza.edu/resources/hub for hours and information. help is also available at the campus food pantry; visit deanza.edu/resources/food pantry for more information. de anza has a new date and location for graduation this year! the 56th annual commencement will be saturday, july 1, beginning at 4 p.m. in the santa clara convention center. visit deanza.edu/graduation for all the details, including watch for announcements about this year's student grad speaker and award winners   coming soon! celebrate pride month by joining with members of de anza's lgbtq+ community, along with allies and civic leaders, in raising the pride and trans flags in the main quad on monday, june 5, beginning at 10 a.m. afterward, visit the pride center for refreshments and informal tours. please rsvp at deanza.edu/pride/flag keep the celebration going by attending the annual queer & now conference on tuesday, june 6. this year's theme is "be unapologetically you." here are some events coming up on campus next week: this year's international student programs transfer fair will be held this week on wednesday, may 3, from 10 a.m. to 1 p.m. in campus center conference rooms a&b. (the event has been relocated from the main quad because of expected rain.) the fair is organized primarily for students on f 1 visas but is open to all students. representatives from more than 40 universities, including most of the uc and csu campuses, will be attending. due to power outages and other effects of the storm, there will be no on campus classes or student services through thursday, march 16. online classes and services will continue but may be affected by power outages. see deanza.edu/alerts for updates the latest installment in de anza's video help series shows students   step by step   how to register for classes with the new course registration interface. students can still use the old "classic" system for spring quarter, but have the option to try out the new interface that will replace the old system in future quarters. watch the video and check out the detailed user guide at deanza.edu/reg guide. all in person classes and services will be suspended at the campus for wednesday, march 15. check for web updates by 5 p.m. on wednesday, march 15. campus is closed due to power outage. online classes and services continue. see deanza.edu/alerts for updates power is out on campus. please check back for updates here or at deanza.edu/alerts today's world languages mixer in the language and communications village space, and the healing altar event at the library, have both been cancelled due to severe weather. watch for announcements of new dates for both events. remember to vote in the elections for de anza student government (dasg) officers and student trustee. you can read the candidate bios and cast your ballot   no later than 4 p.m. this friday, march 10   at deanza.edu/studentvote. you can help plan future health services for students   and enter a drawing to win an ipad or a bookstore gift card. the national college health assessment survey is being sent to a representative sample of de anza students. if you’re invited to participate, you’ll receive an email with a survey link and instructions. participation is completely voluntary and individual responses are confidential. learn more at deanza.edu/healthservices/events if you haven't already done so, you can still provide input by completing the survey for community and audience members, or the separate survey for event organizers, before the surveys close feb. 28. the campus bookstore in the rss building will be closed for one day on wednesday, feb. 22, so the operator can take inventory. de anza and foothill colleges have upgraded their course registration system with a new interface that should make it easier to sign up for classes. you can still use the old "classic" system to register for spring quarter, but you also have the option to try out the new system. check out the user guide at deanza.edu/reg guide or get in person assistance by visiting rss 146 beginning tuesday, feb. 21. (check the user guide for dates and times.) watch for a helpful video, coming soon! myportal and related systems will be offline for maintenance during the following times: the canvas system and college email accounts will not be affected. the library will close early today at 4 p.m. and will remain closed for the presidents day holidays. it will reopen on tuesday at the regular time, 9 a.m. as part of the market analysis underway, the consultant for the foothill de anza community college district will conduct two open meetings via zoom on thursday, feb. 23, to gather input on how to provide the most useful event center space possible. one session will be oriented to de anza students and employees, and one to the general community, but anyone is welcome to attend either meeting. learn more at deanza.edu/measure g/event center. if you haven't already done so, you can still provide input by completing the survey for community and audience members, or the separate survey for event organizers, before the surveys close feb. 28. we 💙 our villages! remember to drop by your village space on tuesday, feb. 14   valentine's day   from 12:30 2:30 p.m. for a grand opening with fun activities, snacks and prizes. students who attend will be entered in a drawing to win one of six retro style digital cameras   one for each village   purchased with donated funds. visit deanza.edu/villages/spaces for more information and a downloadable map. the financial aid office is offering a series of workshops and informal q&a sessions this month to help students prepare for the feb. 18 scholarship deadline and the march 2 calgrant deadline for completing the fafsa or cadaa. check the schedule and sign up at deanza.edu/financialaid/workshops de anza and foothill colleges have upgraded their course registration system with a new interface that should make it easier to sign up for classes this spring. the upgraded system is live now, for students who may need to add or drop classes in winter quarter. learn how to find your date to register and how to sign up for classes by checking the user guide at deanza.edu/reg guide, with a new video coming soon. watch for a helpful video and a new tile icon for the student registration app in myportal   both coming soon! today's author event with novelist tommy orange has been postponed due to illness. please watch for an announcement soon about a rescheduled date. update: the in person sessions scheduled at foothill and de anza this week have been canceled, but the online session is still being offered. this two hour training course for students, faculty and staff will provide an overview of campus safety and how to protect yourself in the event of an active assailant. anyone is welcome to attend any of these sessions. please register in advance at deanza.edu/college ops/emergencies/training. choose from a selection of special zoom backgrounds to commemorate black history month or celebrate the year of the rabbit   or the vietnamese year of the cat. they're available for download at deanza.edu/communications/zoom backgrounds. celebrate the year of the rabbit   or the vietnamese year of the cat   with new zoom backgrounds created by the office of communications. they're available for download at deanza.edu/communications/zoom backgrounds this two hour training course for students, faculty and staff will provide an overview of campus safety and how to protect yourself in the event of an active assailant. anyone is welcome to attend any of these sessions. please register in advance at deanza.edu/college ops/emergencies/training this message was posted on myportal for all de anza students and employees. it was removed at the end of the day. de anza college is conducting normal operations today (jan. 10) and electrical power is on. foothill college and district offices are operating online only, due to power outages. this message was posted on myportal for all de anza students and employees. it was removed at the end of the day. college offices will resume normal friday operations tomorrow   jan. 6   after being closed for two days because of anticipated severe weather. this message was posted on myportal for all de anza students and employees. all college offices and the child development center will be closed on wednesday and thursday, jan. 4 and 5, in view of the severe weather. please check deanza.edu/alerts for reopening information, and see the website of the office you would like to visit for online assistance. essential personnel such as police, grounds and custodial staff will be on site. this message was posted on myportal for all de anza students. this message was posted on myportal for all de anza students. if you are having difficulty submitting your covid 19 vaccination record or if the registration system says you are not in compliance even though you submitted your vaccination record more than 3 days ago, you can get assistance by sending an email to nazy galoyan, dean of enrollment services. please send the email to galoyannazy@deanza.edu and be sure to include your full name, your 8 digit cwid number and a copy of your vaccination document. (it may take 1 2 days for you to receive a response.) find us on social media 21250 stevens creek blvd., cupertino, ca 95014

experience the daily show experience the daily show explore the latest interviews, correspondent coverage, best of moments and more from the daily show. s30 e21 • february 10, 2025 host jon stewart dives into the biggest headlines of the day, providing fearless coverage, expert analysis, and no nonsense commentary. new episodes thursdays jon stewart and special guests tackle complex issues. attend a live taping find out how you can see the daily show live and in person as a member of the studio audience. settle down and listen up plug in to episode highlights and extended interviews with this award winning podcast. great things are in store become the proud owner of exclusive gear, including clothing, drinkware and must have accessories. © 2025 comedy partners. all rights reserved. comedy central and all related titles, logos and characters are trademarks of comedy partners.

an official website of the united states government. here’s how you know the .gov means it’s official. federal government websites often end in .gov or .mil. before sharing sensitive information, make sure you’re on a federal government site. the site is secure. the https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. back back back back back back .manual search block #edit actions  2 {order:2;} #block googletagmanagerheader .field { padding bottom:0 !important; } #block googletagmanagerfooter .field { padding bottom:0 !important; } #views exposed form manual cloud search manual cloud search results .form actions{display:block;flex:1;} #tfa entry form .form actions {justify content:flex start;} #node agency pages layout builder form .form actions {display:block;} #tfa entry form input {height:55px;} .dol alert status error .alert status container {display:inline;font size:1.4em;color:#e31c3d;} div#block eoguidanceviewheader .dol alerts p {padding: 0;margin: 0;} .agency blurb container .agency_blurb.background  light { padding: 0; } .h1 {font family:'merriweather';font weight:700;} p.usa alert__text {margin bottom:0!important;} .manual search ul.usa list li {max width:100%;} .usa footer .container {max width:1440px!important;} .usa footer .grid container {padding left: 30px!important;} @media (max width: 992px){.usa js mobile nav  active, .usa mobile_nav active {overflow: auto!important;}} @media only screen and (min width: 0px){.agency nav container.nav is open {overflow y: unset!important;}} .table thead th {background color:#f1f1f1;color:#222;} .manual search ul.usa list li {max width:100%;} ol{list style type: decimal;} .cd main content p, blockquote {margin bottom:1em;} .paragraph  type  html table .ts cell content {max width: 100%;} oflc major disaster hurricane milton impacted areas ​guidance for applicants affected by hurricane milton oflc major disaster hurricane helene impacted areas ​guidance for applicants affected by hurricane helene oflc major disaster vermont severe storms, flooding, landslides, and mudslides impacted areas guidance for applicants affected by severe storms flooding landslides and mudslides in vermont archive to keep the public informed regarding the submission and assignment of h 2b applications for review, the office of foreign labor certification (oflc) published the assignment group(s) for 8,759 h 2b applications covering 149,953 worker positions with the start date of work of april 1, 2025. following the randomization procedures published in the federal register on march 4, 2019, oflc completed the randomization process on january 4 and assigned to national processing center analysts all h 2b applications placed in assignment group a for issuance of notices of deficiency or acceptance. group a includes enough worker positions to reach the h 2b semi annual visa allotment of 33,000. on january 4, 2025, oflc provided written notice to each employer (and the employer's authorized attorney or agent) informing them about the assignment group for their application(s). the office of foreign labor certification (oflc) reminds employers and other interested stakeholders that the filing window to submit an h 2b application for temporary employment certification (form eta 9142b and appendices) requesting work start dates of april 1, 2025, or later, will open on january 1, 2025, at 12:00 a.m. eastern time. following oflc's standard operating procedures, h 2b applications requesting an april 1, 2025, work start date will be denied if they are filed before january 1, 2025, at 12:00 a.m. eastern time. oflc will randomly order for processing all h 2b applications requesting a work start date of april 1, 2025, that are filed during the initial three calendar days (january 1 3, 2025) using the randomization procedures published in the federal register on march 4, 2019. if oflc identifies multiple applications that appear to have been filed for the same job opportunity, oflc will issue a notice of deficiency. if multiple filings are submitted during the three day filing window, all applications will receive a notice of deficiency requesting that the employer demonstrate that the job opportunities are not the same. employers that fail to establish a bona fide need for each application will receive a non acceptance denial for each application. important reminder: employers are reminded that foreign labor application gateway (flag) system user accounts are solely for the use of the individual for whom they were created. sharing the same user account is forbidden and is grounds for terminating flag access. passwords or any other authentication mechanism should never be shared or stored in any place easily accessible. if stored, a password may not be stored in a clear text or readable format. on november 27, the department published an announcement in response to the rulings by the us district courts in the eastern district of kentucky and in the southern district of mississippi. in that announcement, the department provided initial guidance related to the orders and stated that additional guidance would be forthcoming. the additional guidance is provided at the link below and is also available on the farmworker protection final rule landing page. the employment and training administration has published a federal register notice (frn) announcing the new aewr for herding or production of livestock on the range for the h 2a program. the aewr is the minimum wage rate the department of labor has determined must be offered, advertised in recruitment, and paid by employers to h 2a workers and workers in corresponding employment, so that the wages of workers in the united states similarly employed will not be adversely affected. the notice announces the new national monthly aewr for herding or production of livestock on the range, which will be effective as of january 1, 2025. the employment and training administration (eta) has published an frn announcing the aewrs for the employment of non range h 2a job opportunities classified within one or more of the six common standard occupational classification (soc) codes that comprise the fls field and livestock workers (combined) category. aewrs are the minimum wage rates the department of labor (dol) has determined must be offered, advertised in recruitment, and paid by employers to h 2a workers and workers in corresponding employment for a particular occupation and area so that the wages and working conditions of workers in the united states similarly employed will not be adversely affected. the final rule, adverse effect wage rate methodology for the temporary employment of h 2a nonimmigrants in non range occupations in the united states (feb. 28, 2023), established the methodology for setting hourly aewrs, based on the united states department of agriculture’s fls for non range job opportunities that are either: (1) in six standard occupational classification codes comprising the field and livestock workers (combined) category, and (2) in the field and livestock workers (combined) occupational category that are located in states or regions, or equivalent districts or territories, in which the fls reports wages. the final rule, improving protections for workers in temporary agricultural employment in the united states, 89 fr 33898 (april 29, 2024), revised the regulation at 20 cfr 655.120(b)(2) to state “[t]he updated aewr will be effective as of the date of publication of the notice in the federal register.” this frn has two effective dates in light of the district court’s decision in kansas, et al. v. u.s. department of labor, no. 2:24 cv 00076 lgw bwc (s.d. ga., aug. 26, 2024), which prohibits dol from enforcing the farmworker protection rule in 17 states and with respect to certain entities. important note: in the event an employer’s job opportunity requires the performance of agricultural labor or services that are not encompassed in a single soc code’s description and tasks, the applicable aewr will be the highest aewr for all applicable socs. see 20 cfr 655.120(b)(5). the employment and training administration (eta) will publish two federal register notices (frns) in mid december 2024. the first frn will update the aewr under the h 2a temporary agricultural employment program that applies to all range h 2a job opportunities for which the aewr is determined using the bureau of labor statistics (bls) september 2024 employment cost index (eci). the second frn will update the aewrs under the h 2a temporary agricultural employment program that apply to the majority of non range h 2a job opportunities for which the aewrs are determined using the united states department of agriculture (usda) october 2024 farm labor survey (fls). the final rule, adverse effect wage rate methodology for the temporary employment of h 2a nonimmigrants in non range occupations in the united states, 88 fr 12760 (feb. 28, 2023), established the methodology for setting hourly aewrs based on the usda’s fls for non range h 2a job opportunities that are either: (1) in six standard occupational classification codes comprising the field and livestock workers (combined) category, and (2) in the field and livestock workers (combined) occupational category that are located in states or regions, or equivalent districts or territories, in which the fls reports wages. in order to ensure employers are aware of the coming updates, we are providing a preview of upcoming wage changes based on the september 2024 eci results, published on october 31, 2024, and the october 2024 fls results, published on november 20, 2024. please refer to the frns, once published, for the effective dates of the new aewrs. for more information, please visit the eci webpage located here: https://www.bls.gov/news.release/eci.toc.htm for more information, please visit the fls webpage located here: https://usda.library.cornell.edu/concern/publications/x920fw89s the office of foreign labor certification (oflc) invites stakeholders to participate in a webinar that provides best practices and helpful tips for preparing h 2b applications for temporary employment certification (form eta 9142b and appendices). the webinar will discuss: this webinar will be recorded and posted to the oflc website along with presentation materials for future reference. please be advised there is a 1000 person participant limit to this webinar. *also note, if you are experiencing audio difficulties using a computer, please combine the presentation with the ”join by phone” details indicated below. details of the webinar are as follows: wednesday, december 18, 2024: 2:00 pm | (utc 05:00) eastern time (us & canada) | 1 hr. join from the meeting link:https://usdol.webex.com/usdol/j.php?mtid=m3f82a7f4c9aa28ac90132aefdd1233ba join by meeting number:meeting number (access code): 2818 634 4345 meeting password: h2bupdate tap to join from a mobile device (attendees only):1 877 465 7975, us toll free1 210 795 0506, us toll join by phone:1 877 465 7975 us toll free1 210 795 0506 us toll the u.s. departments of labor and homeland security have published a temporary final rule (tfr) increasing the numerical limitation on h 2b nonimmigrant visas to authorize the issuance of no more than 64,716 additional visas for fiscal year (fy) 2024 positions to employers that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the h 2b workers requested under the cap increase. of the 64,716 visas available, up to 44,716 are limited to h 2b returning workers, and up to 20,000 are reserved for nationals of guatemala, el salvador, honduras, haiti, colombia, ecuador, or costa rica. the tfr provides additional protections for u.s. workers, flexibility for foreign workers, and additional recruitment requirements for certain employers. in support of this rule, the office of foreign labor certification (oflc) has posted the new form eta 9142 b caa 9 and the accompanying instructions. the tfr requires an employer to attest, among other things, to the fact that it is suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the h 2b workers requested under the cap increase. this attestation must be submitted to the united states citizenship and immigration services (uscis) along with form i 129, in support of an h 2b application subject to the h 2b cap. dhs will not accept any h 2b petitions under provisions related to the fy 2025 supplemental numerical allocations after september 15, 2025, and will not approve any such h 2b petitions after october 1, 2025. the attestation is also available on the forms page of the oflc website at: https://www.dol.gov/agencies/eta/foreign labor/forms. please note: the tfr requires employers with a certified start date which is 30 or more days prior to the submission of their visa petition to uscis to engage in additional recruitment of u.s. workers. employers required to conduct additional recruitment must provide oflc with the case number for each temporary certification which will be used in support of a visa petition to uscis concurrently with their placement of new job orders with the state workforce agency. employers who must conduct this concurrent notification requirement are encouraged to notify oflc npc by sending an email to h 2bsupplementalvisas@dol.gov, and including the words “h 2b tfr 2025 recruitment” followed by the unique tlc case number in the subject line of the email. the office of foreign labor certification (oflc) is making this public service announcement to alert employers and other interested stakeholders the legacy permanent online system, which provided public access to permanent labor certification applications and final determinations, was fully decommissioned effective december 1, 2024. as part of the department's technology modernization initiative, the foreign labor application gateway (flag) system was implemented to replace the legacy permanent online system, to improve customer service, and modernize the administration of foreign labor certification programs. the legacy permanent online system is no longer accessible. account holders and the general public are redirected to the flag system to submit new permanent labor certification applications. applications pending in the permanent online system after november 30, 2024, will continue to be processed by oflc. stakeholders who need to submit a response to the department’s request for information, upload documents, or request a specific case action on an application that was submitted in the permanent online system can send an email to the permanent labor certification help desk at plc.atlanta@dol.gov. on april 29, 2024, the u.s. department of labor (department) published the final rule, “improving protections for workers in temporary agricultural employment in the united states,” (“the farmworker protection rule”). on august 26, 2024, the united states district court for the southern district of georgia issued a preliminary injunction in the case kansas, et al. v. u.s. department of labor, no. 2:24 cv 00076 lgw bwc (s.d. ga., aug. 26, 2024) (“kansas”), prohibiting the department from enforcing the farmworker protection rule in certain states and with respect to certain entities. the preliminary injunction specifically prohibits the department from enforcing the farmworker protection rule in the states of arkansas, florida, georgia, idaho, indiana, iowa, kansas, louisiana, missouri, montana, nebraska, north dakota, oklahoma, south carolina, tennessee, texas, and virginia, and against miles berry farm and members of the georgia fruit and vegetable growers association as of august 26, 2024. on august 28, 2024 and again on september 10, 2024, the employment and training administration issued announcements (here) regarding the department’s compliance with the kansas order. on november 25, 2024, the united states district court for the eastern district of kentucky issued a preliminary injunction in the case barton, et al. v. u.s. department of labor, et al., no. 5:24 cv 249 dcr (e.d. ky., nov. 25, 2024) (“barton”), enjoining and restraining the department from implementing, enacting, enforcing, or taking any action in any manner to enforce certain provisions of the farmworker protection rule. specifically, the barton order applies to the following provisions: see barton, slip op. at 40 41. the barton preliminary injunction is effective within the commonwealth of kentucky and the states of alabama, ohio, and west virginia. in addition, the department is enjoined from enforcing those subject provisions of the farmworker protection rule in connection with the activities of the following plaintiffs to the proceeding, including any members of any association or entity which is a plaintiff to the proceeding as of the effective date of the preliminary injunction (november 25, 2024): richard barton; doug langley; benny webb; dale seay; david demarcus, ii; david de marcus, sr.; steve stakelin; agriculture workforce management association, inc. (including its shareholders/members); north carolina growers’ association, inc. (including members of that non profit association); workers and farmer labor association, also known as “wafla” (including members of that non profit association); usa farmers, inc. (including members of that non profit association); national council of agricultural employers (including members of that non profit association). on november 25, 2024, the united stated district court for the southern district of mississippi issued a section 705 stay in international fresh produce association, et al. v. u.s. department of labor, et al., no. 1:24 cv 309 hso bwr (s.d. miss., nov. 25, 2024) (“ifpa”), staying the effective date of 20 c.f.r. § 655.135(h)(2) and (m) in the farmworker protection rule nationwide until the conclusion of proceedings in the case, including any appellate proceedings. the department will issue additional information and guidance on its ongoing compliance and implementation of these orders as soon as possible. until additional guidance is published by the department, as of november 27, 2024, employers (or an employer’s authorized attorney or agent) will be directed on the foreign labor application gateway (flag) system to prepare and submit h 2a job orders and applications for temporary employment certification using the forms applicable under the version of 20 cfr part 655, subpart b in effect on june 27, 2024. the department, in conjunction with the equal employment opportunity commission (eeoc), will be hosting a webinar on december 9, 2024, from 1:00 to 2:30 pm est for the h 2a and h 2b filing communities that will discuss the importance of compliance with program requirements and their responsibilities under federal law, including anti discrimination laws enforced by the eeoc. during the webinar, the eeoc will provide an overview of anti discrimination laws, examples of unlawful fact patterns, and information for the public on how to refer suspected federal law violations and program noncompliance to the appropriate enforcement agencies. to ensure we have sufficient space to accommodate all interested attendees, we ask that you pre register at the webinar link below. https://usdolevents.webex.com/weblink/register/re36addc80d775c1e948ddaf3f3fed78f the office of foreign labor certification (oflc) is making this public service announcement to alert employers and other interested stakeholders the legacy permanent online system, which provides public access to permanent labor certification applications and final determinations, will be fully decommissioned on december 1, 2024. as part of the department's technology modernization initiative, the foreign labor application gateway (flag) system was implemented to replace the legacy permanent online system, to improve customer service, and modernize the administration of foreign labor certification programs. on december 1, 2024, the legacy permanent online system will no longer be accessible to account holders and the general public will be redirected to the flag system. stakeholders who require documents from their permanent online system accounts are strongly encouraged to access and download those documents well in advance of december 1, 2024. permanent online system account holders who need to upload documents or request a specific case action on an application submitted in the permanent online system (e.g., request reconsideration, withdraw applications, etc.) should complete action in the system by november 30, 2024, at 7 pm est. applications still pending in the permanent online system after november 30, 2024, will continue to be processed by oflc. starting december 1, 2024, stakeholders who need to submit a response to the department, upload documents, or request a specific case action on an application that was submitted in the permanent online system must do so by email, sent to the plc help desk at plc.help@dol.gov. documents should be submitted as pdf attachments and named with the case number assigned and title of the attachment. after november 30, 2024, stakeholders with applications pending in the permanent online system will not be able to upload documents directly. employers and their attorney/agents should continue to check their email for correspondence and notifications related to these pending applications. the employment and training administration (eta) published a notice of proposed rulemaking (nprm) in the federal register proposing to amend its regulations at 20 cfr 655.10(f) for employer provided wage surveys for the h 2b program. the publication of the nprm is necessary because the u.s. district court for the district of columbia held the 2015 wage rule (the rule), specifically the data and methodology requirements of 20 cfr 655.10(f)(2) and (f)(4), to be procedurally invalid for failure to comply with the administrative procedure act’s (apa) notice and comment requirements. williams, et al. v. walsh, et al., 648 f.supp.3d 70, 75 (d.d.c. 2022). although declining to vacate the rule, the court remanded it for further consideration. eta is publishing this nprm to cure the apa violation found by the court. additionally, this nprm proposes to amend the rule to clarify existing requirements for employer provided surveys in the h 2b program, add new requirements to increase the accuracy of employer provided surveys, and eliminate form eta 9165, employer provided survey attestations to accompany h 2b prevailing wage determination request based on a non oews survey, to increase efficiency. the comment period will close on friday, january 17, 2025. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the fourth quarter of fiscal year 2024) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. please note: oflc recently implemented the revised form eta 9089. as a result, there will be two distinct perm disclosure data files. these files will each have their own record layout documents. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2023 through september 30, 2024 reporting period of fiscal year 2024. oflc has also released selected program statistics for the fourth quarter of fiscal year 2024 for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2023 through september 30, 2024. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. the office of foreign labor certification (oflc) is making this public service announcement to alert employers and other interested stakeholders the legacy permanent online system, which provides public access to permanent labor certification applications and final determinations, will be fully decommissioned on december 1, 2024. as part of the department's technology modernization initiative, the foreign labor application gateway (flag) system was implemented to replace the legacy permanent online system, to improve customer service, and modernize the administration of foreign labor certification programs. on december 1, 2024, the legacy permanent online system will no longer be accessible to account holders and the general public will be redirected to the flag system. stakeholders who require documents from their permanent online system accounts are strongly encouraged to access and download those documents well in advance of december 1, 2024. permanent online system account holders who need to upload documents or request a specific case action on an application submitted in the permanent online system (e.g., request reconsideration, withdraw applications, etc.) should complete action in the system by november 30, 2024, at 7 pm est. applications still pending in the permanent online system after november 30, 2024, will continue to be processed by oflc. starting december 1, 2024, stakeholders who need to submit a response to the department, upload documents, or request a specific case action on an application that was submitted in the permanent online system must do so by email, sent to the plc help desk at plc.help@dol.gov. documents should be submitted as pdf attachments and named with the case number assigned and title of the attachment. after november 30, 2024, stakeholders with applications pending in the permanent online system will not be able to upload documents directly. employers and their attorney/agents should continue to check their email for correspondence and notifications related to these pending applications. pursuant to 20 cfr 655.154(d), the office of foreign labor certification (oflc) administrator announces the annual determination of labor supply states (lss). lss are additional states in which an employer’s job order will be circulated and, if appropriate, where additional recruitment may be required. on june 14, 2024, consistent with 20 cfr 655.154, the oflc administrator solicited public input for 60 days about lss and related recruitment mechanisms to make a determination that identifies whether there are areas of traditional or expected labor supply for each state with respect to the availability of qualified workers and the appropriate and effective means of recruiting those workers. this determination includes specific geographic area(s) of the united states in which a significant number of qualified workers have been identified and who, if recruited through additional positive employer recruitment activities, would be willing to make themselves available for work in the state. the lss determination is effective as of the date of this announcement for employers who have not commenced recruitment after receiving a notice of acceptance. this determination will remain valid until the oflc administrator publishes a new determination on the oflc website as provided by 20 cfr 655.154(d). after consideration of the information received, the oflc administrator has determined that all current lss requirements will remain in full effect, with the following modifications: updated labor supply state information is available on oflc's labor supply state page on the foreign labor application gateway (flag). on august 26, 2024, the united states district court for the southern district of georgia issued a preliminary injunction in the case kansas, et al. vs. u.s. department of labor, no. 2:24 cv 00076 lgw bwc (s.d. ga., aug. 26, 2024) (“kansas”), prohibiting dol from enforcing the final rule “improving protections for workers in temporary agricultural employment in the united states” (farmworker protection rule) in certain states and with respect to certain entities. the preliminary injunction specifically prohibits dol from enforcing the farmworker protection rule in the states of arkansas, florida, georgia, idaho, indiana, iowa, kansas, louisiana, missouri, montana, nebraska, north dakota, oklahoma, south carolina, tennessee, texas, and virginia, and against miles berry farm and members of the georgia fruit and vegetable growers association as of august 26, 2024. on august 28, 2024, the department issued a notice regarding its compliance with the kansas order. following this notice, oflc has continued to receive and process h 2a job orders and applications for temporary employment certification in accordance with 20 cfr part 655, subpart b in effect on june 27, 2024, the calendar day before the effective date of the farmworker protection rule. the department is announcing the following revised transition schedule for receiving and processing h 2a job orders and applications for temporary employment certification under the farmworker protection rule: beginning at 12:00 a.m. eastern daylight time, september 12, 2024, the flag system will require the employer, or the employer’s authorized attorney or agent, prior to initiating an h 2a job order and application for temporary employment certification, to identify whether the work to be performed under the h 2a job order will be located in one or more of the states or will be performed for entities subject to the kansas order. specifically, when the employer, or the employer’s authorized attorney or agent, selects the option to initiate a new h 2a job order and application for temporary employment certification, the flag system will first present the following question requiring a “yes” or “no” response before proceeding: are you seeking to submit an h 2a application under any of the following conditions? all places of employment where work will be performed under the form eta 790/790a are located in one or more of the following states: or where a “yes” response is provided (i.e., all the places of employment where work will be performed under the h 2a job order are subject to the kansas order), the flag system will navigate the employer, or the employer’s authorized attorney or agent, to begin preparing the h 2a job order using the form eta 790/790a applicable under the version of 20 cfr part 655, subpart b in effect on june 27, 2024. where a “no” response is provided (i.e., all the places of employment where work will be performed under the h 2a job order are not subject to the kansas order), the flag system will navigate the employer, or the employer’s authorized attorney or agent, to begin preparing the h 2a job order using the form eta 790/790a applicable under the version of 20 cfr part 655, subpart b in effect as of june 28, 2024. for employers seeking to file h 2a job orders and applications for temporary employment certification where the place(s) of employment on the single h 2a job order include states subject to the kansas order and states not subject to the kansas order, the department provides the additional guidance below. employers, or their authorized attorneys or agents, who have questions or need additional technical assistance regarding how to file h 2a job orders in the flag system may contact the oflc h 2a ombudsman at h2a.ombudsman@dol.gov. the u.s department of labor (department) has published the final rule, “improving protections for workers in temporary agricultural employment in the united states” (the “farmworker protection rule”). the farmworker protection rule is effective june 28, 2024. the department previously announced that it would process clearance orders and associated h 2a applications filed before 7:00 pm eastern daylight time on august 28, 2024, in accordance with 20 cfr part 655, subpart b in effect as of june 27, 2024. the department explained that its case processing system, the foreign labor application gateway (“flag”), would then be updated to accept applications filed under the farmworker protection rule. in addition, the department explained that, to better align the implementation of the farmworker protection rule’s revisions to 29 cfr 501.4(a) with parallel revisions in 20 cfr 655.135(h), the department would begin to enforce the requirements of 29 cfr 501.4(a) as revised by the farmworker protection rule only with respect to conduct or actions occurring on or after august 29, 2024. the department also previously explained that applications submitted on or after 12:00 am eastern daylight time on august 29, 2024, would be processed in accordance with the provisions of the farmworker protection rule tied directly to a temporary labor certification. however, on august 26, 2024, the united states district court for the southern district of georgia issued a preliminary injunction in the case kansas, et al. vs. u.s. department of labor, no. 2:24 cv 00076 lgw bwc (s.d. ga., aug. 26, 2024) (“kansas”) prohibiting dol from enforcing the farmworker protection rule in certain states and with respect to certain entities. the preliminary injunction specifically prohibits dol from enforcing the farmworker protection rule in the states of georgia, kansas, south carolina, arkansas, florida, idaho, indiana, iowa, louisiana, missouri, montana, nebraska, north dakota, oklahoma, tennessee, texas, and virginia, and against miles berry farm and members of the georgia fruit and vegetable growers association as of august 26, 2024. accordingly, consistent with the kansas order, the department will not be enforcing the final rule in these states or with respect to these entities while the order remains in effect. the department is carefully reviewing the kansas order and assessing various options to comply with the order. for now, the office of foreign labor certification (oflc) will delay updating its flag system to implement revised h 2a job order and application forms associated with the farmworker protection rule, originally scheduled to begin at 7:00 p.m. eastern daylight time on august 28, 2024, until further notice. as a result of this delay, oflc will continue to receive and process h 2a job orders and applications in accordance with 20 cfr part 655, subpart b in effect as of the calendar day before the effective date as stated in the farmworker protection rule. oflc will provide additional public notice regarding a revised transition schedule as soon as possible. on august 21, 2024, the department of labor hosted a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the h 2a program made by the 2024 h 2a farmworker protection final rule. participants of this webinar received a demonstration of new forms and changes to the flag processing system. the final rule became effective june 28, 2024, and oflc will begin accepting applications subject to the provisions of this rule on august 29, 2024.the presentation materials are now available at the hyperlinks below and located on our website under the “webinars” tab at the bottom of the h 2a program page located here: https://www.dol.gov/agencies/eta/foreign labor/programs/h 2a the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2024) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2023 through june 30, 2024 reporting period of fiscal year 2024. oflc has also released selected program statistics for the third quarter of fiscal year 2024 for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2023 through june 30, 2024. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. on august 7, 2024, the department of labor hosted a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the h 2a program made by the 2024 h 2a farmworker protection final rule. participants of this webinar received helpful tips on the new forms, filing instructions, and explanation of the transition process. the final rule became effective june 28, 2024, and oflc will begin accepting applications subject to the provisions of this rule on august 29, 2024.the presentation materials are now available at the hyperlinks below and located on our website under the “webinars” tab at the bottom of the h 2a program page located here: https://www.dol.gov/agencies/eta/foreign labor/programs/h 2a on august 21, 2024, the department of labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the h 2a program made by the 2024 h 2a farmworker protection final rule. participants of this webinar will receive a demonstration of the new forms in the foreign labor application gateway (flag) system. the final rule became effective june 28, 2024, and oflc will begin accepting applications subject to the provisions of this rule on august 29, 2024. the meeting details are below. *please note   there is an attendee maximum of 1000 and both the webinar recording and a copy of the presentation will be placed on our website for review at a later date. wednesday, august 21, 20243:00 pm | (utc 04:00) eastern time (us & canada) | 1 hr 30 mins join from the meeting link:https://usdol.webex.com/usdol/j.php?mtid=mf4bd8d51d9ebc817d757c72fd6fe1e56 join by meeting number:meeting number (access code): 2819 732 9475meeting password: oflc2024 tap to join from a mobile device (attendees only):1 877 465 7975, us toll free1 210 795 0506, us toll join by phone:1 877 465 7975 us toll free1 210 795 0506 us toll the office of foreign labor certification (oflc) is making this public service announcement to alert employers and other interested stakeholders the legacy permanent online system, which provides public access to permanent labor certification applications and final determinations, will be fully decommissioned on december 1, 2024. as part of the department's technology modernization initiative, the foreign labor application gateway (flag) system was implemented to replace the legacy permanent online system, to improve customer service, and modernize the administration of foreign labor certification programs. on december 1, 2024, the legacy permanent online system will no longer be accessible to account holders and the general public will be redirected to the flag system. stakeholders who require documents from their permanent online system accounts are strongly encouraged to access and download those documents well in advance of december 1, 2024. permanent online system account holders who need to upload documents or request a specific case action on an application submitted in the permanent online system (e.g., request reconsideration, withdraw applications, etc.) should complete action in the system by november 30, 2024, at 7 pm est. applications still pending in the permanent online system after november 30, 2024, will continue to be processed by oflc. starting december 1, 2024, stakeholders who need to submit a response to the department, upload documents, or request a specific case action on an application that was submitted in the permanent online system must do so by email, sent to the plc help desk at plc.help@dol.gov. documents should be submitted as pdf attachments and named with the case number assigned and title of the attachment. after november 30, 2024, stakeholders with applications pending in the permanent online system will not be able to upload documents directly. employers and their attorney/agents should continue to check their email for correspondence and notifications related to these pending applications. on august 7, 2024, the department of labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the h 2a program made by the 2024 h 2a farmworker protection final rule. participants of this webinar will receive helpful tips on the new forms, filing instructions, and explanation of the transition process. the final rule became effective june 28, 2024, and oflc will begin accepting applications subject to the provisions of this rule on august 29, 2024. the meeting details are below. *please note   there is an attendee maximum of 1000 and both the webinar recording and a copy of the presentation will be placed on our website for review at a later date. wednesday, august 7, 20243:00 pm | (utc 04:00) eastern time (us & canada) | 1 hr join from the meeting link:https://usdol.webex.com/usdol/j.php?mtid=m58015af37f0bc1748261c4591aabad6b join by meeting number:meeting number (access code): 2828 285 0217meeting password: oflc2024 join by phone:1 877 465 7975 us toll free1 210 795 0506 us toll join from a video system or application:dial 28282850217@usdol.webex.com to keep the public informed regarding the submission and assignment of h 2b applications for review, the office of foreign labor certification (oflc) published the assignment groups for 2,158 h 2b applications covering 44,238 worker positions with a work start date of october 1, 2024. oflc completed the randomization process on july 6, 2024 and assigned to national processing center analysts all h 2b applications placed in assignment group a for issuance of notices of deficiency or acceptance. group a includes enough worker positions to reach the h 2b semi annual visa allotment of 33,000. one additional assignment group was created for the remaining applications and associated worker positions. each filing was randomly given a unique number in accordance with oflc's randomization process and placed into a group for assignment to analysts for review and processing. on july 9, 2024, oflc provided written notice to each employer (and the employer's authorized attorney or agent) informing them about the assignment group for their application(s). on july 2, 2024, the u.s. district court for the western district of washington issued an order in familias unidas por la justicia v. dol, et al., no. 24 cv 00637, enjoining the department of labor from implementing 20 cfr 655.120(c)(2) (the “one year rule”) for prevailing wages in washington state, and ordering the department of labor to reinstate and enforce the prevailing wage rates for washington state published on january 24, 2022. through this notice the department is reinstating the relevant prevailing wage rates in washington state, which is included in the link below, and available on the department’s agricultural online wage library. effective immediately, and until further notice, h 2a job orders seeking temporary labor certification for work to be performed in the state of washington on or after july 3, 2024, including job orders filed concurrently with an application for temporary employment certification to the oflc national processing center for emergency situations under 20 cfr 655.134, must use the prevailing wage rate available in the link below if it is the highest applicable wage rate. important reminder: in accordance with 20 cfr 655.120(c)(3), if a prevailing wage for the geographic area and crop activity or agricultural activity and distinct work task(s), if applicable, is adjusted during a work contract, and is higher than the highest of the aewr, a previous prevailing wage for the geographic area and crop activity or agricultural activity or, if applicable, a distinct work task or tasks performed in that activity, the agreed upon collective bargaining wage, the federal minimum wage, or the state minimum wage, the employer must pay at least that higher prevailing wage upon the department's notice to the employer of the new prevailing wage. the employment and training administration published an frn on june 24, 2024 updating the aewrs under the h 2a temporary agricultural employment program that apply to a limited set of h 2a job opportunities for which the aewr is determined using the bureau of labor statistics oews survey. these changes will go into effect, as stated in the frn, on july 8, 2024. the department is also making available a preview of the non range oews based aewrs which will go into effect on july 8, 2024. the office of foreign labor certification (oflc) received the 2024 commonwealth of northern mariana islands (cnmi) prevailing wage study survey from the governor of the cnmi for the cw 1 program. oflc has approved the 2024 cnmi prevailing wage study survey for 432 occupations and will issue updated cw 1 prevailing wages using this data from july 1, 2024 through june 30, 2025. the updated wage table includes prevailing wage data for a total of 848 occupations. the office of foreign labor certification has published the latest prevailing wage data from the occupational employment and wage statistics (oews) as generated by the bureau of labor statistics for the new wage year from july 2024 through june 2025, effective july 1, 2024. prevailing wage determinations issued from the national prevailing wage center reflect the 2018 soc codes. flcdatacenter.com will be discontinued effective july 1, 2024. on july 1, 2024, prevailing wage data from the occupational employment and wage statistics survey will be available through the oflc wage search tool, which can be accessed via the flag website (https://flag.dol.gov/wage data/wage search). on november 15, 2021, the employment and training administration issued a federal register notice (frn) informing the public that the office of foreign labor certification (oflc) was updating appendix a to the preamble education and training categories by occupational information network (o*net) standard occupational classification (soc) occupations. appendix a is a list of professional occupations that serves as a guide for employers to distinguish between professional and non professional occupations in order to comply with the professional recruitment requirements of the perm program. the frn stated that oflc intends to review bls’s occupational and education data each year to publish a new list of occupations on its website, even when bls data remain the same from the previous year. oflc is releasing this year’s appendix a, which implements the new list of professional occupations for the july 2024 through june 2025 wage year and will be effective starting july 1, 2024. the office of foreign labor certification (oflc) reminds employers and other interested stakeholders that the three day filing window to submit an h 2b application for temporary employment certification (form eta 9142b and appendices) requesting a work start date of october 1, 2024, will open on july 3, 2024, at 12:00 a.m. eastern time, and close on july 5, 2024, at 11:59 p.m. eastern time. this three day period is the earliest an employer may file an application for an october 1, 2024, work start date, which is the first day of the semi annual visa allotment for the first half of fiscal year 2025. employers seeking start dates of october 2, 2024, or later must comply with the timeliness requirements at 20 cfr 655.15(b). in accordance with regulatory requirements and oflc’s standard operating procedures, h 2b applications requesting october 1, 2024, work start dates will be denied if they are filed before july 3, 2024, at 12:00 a.m. eastern time. after the three day filing window has closed, oflc will randomly order applications for assignment to analysts for review and processing all h 2b applications requesting a work start date of october 1, 2024, that are filed during the three day filing window (july 3 5, 2024) using the randomization procedures published in the federal register on march 4, 2019. the employment and training administration has published an frn updating the aewrs under the h 2a temporary agricultural employment program that apply to a limited set of h 2a job opportunities for which the aewr is determined using the bureau of labor statistics oews survey. these changes will go into effect, as stated in the frn, on july 8, 2024. the 2022 h 2a final rule, which became effective on november 14, 2022, implemented a new process for the oflc administrator’s determination of labor supply states (lss). lss are additional states in which an employer’s job order will be circulated and, if appropriate, where additional positive recruitment may be required of the employer. consistent with 20 cfr 655.154, the oflc administrator will solicit public input about lss and related recruitment mechanisms to make a determination that identifies whether there are areas of traditional or expected labor supply for each state with respect to the availability of qualified workers and the appropriate and effective means of recruiting those workers. the solicitation period will be open for a period of 60 days. the determination can include specific geographic area(s) of the united states in which a significant number of qualified workers have been identified and who, if recruited through additional positive employer recruitment activities, would be willing to make themselves available for work in the state. the oflc administrator will consider general information about labor flow trends (e.g., information contained in the agricultural recruitment clearance system) to inform a determination regarding expanded interstate circulation of h 2a job orders. to make a determination regarding labor supply and the positive recruitment needed to reach qualified workers within a state, the oflc administrator requests information from the public regarding the availability of qualified workers, and the appropriate, effective methods of contacting those workers. information that could be helpful to the oflc administrator’s determination include, but are not limited to, the following: all previously determined lss requirements will remain in full effect, unless the oflc administrator receives information indicating that a previous lss is no longer a source for qualified workers. deadline for public input: oflc is seeking information, and particularly welcomes specific information, on or before tuesday, august 13, 2024. how to submit information: oflc will only consider electronic submissions to the email box, h2alaborsupply@dol.gov, for making determinations as to the labor supply states. any submissions sent through mail or other correspondence will not be accepted. the oflc administrator will publish on the oflc website its determinations after careful review of all information received. in addition, the department will continue to satisfy its multi state recruitment statutory requirement, and the broader statutory obligation regarding u.s. worker availability, through a combination of other recruitment activities, including: on june 6, 2024, the office of foreign labor certification (oflc), wage and hour division, and the office of workforce investment conducted a webinar to provide information on the changes to the h 2a and wagner peyser employment service programs made by the 2024 farmworker protection final rule. the presentation materials are now available at the hyperlinks below and located on our website under the “webinars” tab at the bottom of the h 2a program page located here: https://www.dol.gov/agencies/eta/foreign labor/programs/h 2a. on thursday, june 6, 2024, the department of labor will host a public webinar to educate employers, agricultural associations, farm labor contractors, farmworkers, advocates, and other interested members of the public on the changes to the h 2a and wagner peyser employment service programs made by the 2024 farmworker protection final rule. participants of this webinar will learn from the office of foreign labor certification, the office of workforce investment, and the wage and hour division about the key aspects of this rule. the final rule will become effective june 28, 2024, and oflc will begin accepting applications subject to the provisions of this rule on august 29, 2024. the meeting registration details are below. *please note: there is an attendee maximum of 3,000 and a recording of the presentation in english and spanish will be placed on our website at a later date. the department of labor is committed to equitable access and inclusion of all people. as part of this commitment, we will ensure that people with disabilities and those who need foreign language interpretation are provided accommodations and effective communications. if you require an accommodation or language interpretation to attend this event, please email stakeholder.meeting@dol.gov by may 30, 2024. meeting details: thursday, june 6, 20241:00 pm to 2:30 pm | (utc 04:00) eastern time (us & canada) | 1 hr 30 mins attendee registration link: https://usdolevents.webex.com/weblink/register/r44a2f5821d38e0110dc82d0bdf90e437 the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the second quarter of fiscal year 2024) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2023 through march 31, 2024 reporting period of fiscal year 2024. oflc has also released selected program statistics for the first quarter of fiscal year 2024 for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2023 through march 31, 2024. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. the employment and training administration (eta) published a 60 day notice in the federal register announcing its intent to extend the office of foreign labor certification’s labor condition application (lca) forms and the wage and hour division’s wh 4 complaint form for three years. the department of labor (department) proposes extensions to the lca and wh 4 complaint forms, without changes. the information collection request includes the lca forms eta 9035, eta 9035e (electronic), eta 9035 & 9035e appendix a, eta 9035cp instructions, and the wh 4 complaint form. the federal register notice informs the public of the department’s three year extension request for the forms and invites comments from the public for 60 days. written comments must be submitted in accordance with the federal register notice instructions. the deadline to submit comments is friday, july 5, 2024. on march 26, 2024, the office of foreign labor certification (oflc) conducted a webinar to provide an overview on common issues the national processing center has identified with cw 1 applications for temporary employment certification and offered filing tips that can minimize the common application errors. the presentation materials are now available at the hyperlinks below and located on our website under the “webinars” tab at the bottom of the cw 1 program page located here: https://www.dol.gov/agencies/eta/foreign labor/programs/cw 1. the office of foreign labor certification invites interested stakeholders to participate in a webinar that provides technical assistance and helpful tips for preparing the cw 1 application for prevailing wage determination (form eta 9141c), the application for temporary employment certification (form eta 9142c), and the cw 1 job vacancy announcement. the webinar will provide technical assistance to employers (and authorized attorneys or agents) on how to complete and submit forms eta 9141c and eta 9142c. the webinar also will cover some of the most pressing and common post filing issues employer’s encounter. march 26, 2024, 7:00 pm | eastern time (us & canada) | 1 hr / march 27, 2024, 9:00am | chamorro standard time | 1 hr join from the meeting link:https://usdol.webex.com/usdol/j.php?mtid=mbdcbbf131fa5e49049090dd319724a93 join by meeting number:meeting number (access code): 2820 439 2712meeting password: cw1update2024 tap to join from a mobile device (attendees only):1 877 465 7975, # us toll free+1 210 795 0506, # us toll join by phone:1 877 465 7975 us toll free1 210 795 0506 us toll on december 21, 2023, the employment and training administration (eta) published a request for information (rfi) in the federal register, soliciting public input on potential revisions to schedule a of the permanent labor certification process to include occupations in science, technology, engineering and mathematics (stem), including artificial intelligence related occupations and non stem occupations, for which there may be an insufficient number of ready, willing, able, and qualified united states workers. in the rfi, eta invited public comment on “evaluating the utility of expanding schedule a to include stem occupations” and “input on the appropriate data sources and methods for determining whether labor shortages exist, whether schedule a should be used to alleviate any labor shortages in stem occupations should it be determined from these data sources and methods that such shortages exist, and if so, how the department could establish a reliable, objective, and transparent methodology for identifying stem occupations that are experiencing labor shortages.” 88 fr 88294. in addition, the rfi requested that interested parties answer a set of questions necessary to make this evaluation. to date, eta has received a very limited number of comments, only a few of which have responded to the questions posed in the rfi. the public comment period for this rfi was set to conclude on february 20, 2024, 60 days after publication of the rfi. due to the limited number of comments received and in response to a request from a stakeholder to extend the comment period, eta has issued a federal register notice extending the comment period until may 13, 2024, to ensure robust feedback from interested parties and to address the stakeholder’s request. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the first quarter of fiscal year 2024) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2023 through december 31, 2023 reporting period of fiscal year 2024. oflc has also released selected program statistics for the first quarter of fiscal year 2024 for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2023 through december 31, 2023. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. the employment and training administration has issued a notice in the federal register to announce the annual updated dollar amount h 2a employers may charge workers, other than workers in herding or production of livestock on the range occupations, for providing meals and the maximum and minimum rate at which h 2a and h 2b workers must be reimbursed for travel related subsistence expenses. the notice also includes a reminder of the continuing obligation of h 2a and h 2b employers to pay certain lodging and travel related expenses workers incur while traveling to and from h 2a and h 2b employment. to keep the public informed regarding the submission and assignment of h 2b applications for review, the office of foreign labor certification (oflc) published the assignment group(s) for 8817 h 2b applications covering 138,847 worker positions with the start date of work of april 1, 2024. following the randomization procedures published in the federal register on march 4, 2019, oflc completed the randomization process on january 4 and assigned to national processing center analysts all h 2b applications placed in assignment group a for issuance of notices of deficiency or acceptance. group a includes enough worker positions to reach the h 2b semi annual visa allotment of 33,000. on january 5, 2024, oflc provided written notice to each employer (and the employer's authorized attorney or agent) informing them about the assignment group for their application(s). view the assignment groups for h 2b applications submitted january 2 4, 2024. the office of foreign labor certification (oflc) reminds employers and other interested stakeholders that the filing window to submit an h 2b application for temporary employment certification (form eta 9142b and appendices) requesting work start dates of april 1, 2024, or later, will open on january 2, 2024, at 12:00 a.m. eastern time. following oflc's standard operating procedures, h 2b applications requesting an april 1, 2024, work start date will be denied if they are filed before january 2, 2024, at 12:00 a.m. eastern time. oflc will randomly order for processing all h 2b applications requesting a work start date of april 1, 2024, that are filed during the initial three calendar days (january 2 4, 2024) using the randomization procedures published in the federal register on march 4, 2019. if oflc identifies multiple applications that appear to have been filed for the same job opportunity, oflc will issue a notice of deficiency. if multiple filings are submitted during the three day filing window, all applications will receive a notice of deficiency requesting that the employer demonstrate that the job opportunities are not the same. employers that fail to establish a bona fide need for each application will receive a non acceptance denial for each application. important reminder: employers are reminded that foreign labor application gateway (flag) system user accounts are solely for the use of the individual for whom they were created. sharing the same user account is forbidden and is grounds for terminating flag access. passwords or any other authentication mechanism should never be shared or stored in any place easily accessible. if stored, a password may not be stored in a clear text or readable format. the employment and training administration (eta) published a request for information (rfi) in the federal register. the publication of the rfi fulfills one of the president’s initiatives regarding artificial intelligence, as directed in section 5.1(e) of executive order 14110, safe, secure, and trustworthy development and use of artificial intelligence. eta is seeking information from the public to potentially consider revisions to schedule a of the permanent labor certification process to include occupations in science, technology, engineering and mathematics (stem), including artificial intelligence related occupations and non stem occupations, for which there may be an insufficient number of ready, willing, able, and qualified united states workers. the rfi will provide the public an opportunity to address whether and why stem occupations should be added to schedule a, to offer information on which occupations should be considered as falling under the umbrella of stem, and to request data, studies, and related information that should be considered to establish a reliable, objective, and transparent methodology for identifying stem or non stem occupations with a significant shortage of workers that should be added to or removed from schedule a. to the extent possible and wherever appropriate, responses to this rfi should indicate the question number(s) and include specific information, data, statistical models and metrics, and any resources relied on in reaching conclusions for its claims, rather than relying on general observations. the employment and training administration has published a federal register notice (frn) announcing the new aewr for herding or production of livestock on the range for the h 2a program. the aewr is the minimum wage rate the department of labor has determined must be offered, advertised in recruitment, and paid by employers to h 2a workers and workers in corresponding employment, so that the wages of workers in the united states similarly employed will not be adversely affected. the notice announces the new national monthly aewr for herding or production of livestock on the range, which will be effective as of january 1, 2024. the employment and training administration (eta) has published a federal register notice (frn) announcing the aewrs for the employment of non range h 2a job opportunities classified within one or more of the six common standard occupational classification (soc) codes that comprise the farm labor survey (fls) field and livestock workers (combined) category. aewrs are the minimum wage rates the department of labor has determined must be offered, advertised in recruitment, and paid by employers to h 2a workers and workers in corresponding employment for a particular occupation and area so that the wages and working conditions of workers in the united states similarly employed will not be adversely affected. pursuant to the final rule published on february 28, 2023, which established a new methodology for setting hourly aewrs, the 2024 aewrs for all non range job opportunities in the field and livestock workers (combined) category, for which temporary h 2a certification is being sought, are equal to the annual average gross hourly wage rate for field and livestock workers (combined) in the state or region as published by the u.s. department of agriculture in the fls. important note: in the event an employer’s job opportunity requires the performance of agricultural labor or services that are not encompassed in a single soc code’s description and tasks, the applicable aewr will be the highest aewr for all applicable socs. see 20 cfr 655.120(b)(5). the office of foreign labor certification (oflc) invites stakeholders to participate in a webinar that provides best practices and helpful tips for preparing h 2b applications for temporary employment certification (form eta 9142b and appendices). the webinar will discuss: this webinar will be recorded and posted to the oflc website along with presentation materials for future reference. please be advised there is a 1000 person participant limit to this webinar. *also note, if you are experiencing audio difficulties using a computer, please combine the presentation with the ”join by phone” details indicated below. details of the webinar are as follows:wednesday, december 13, 20231:00 pm | (utc 05:00) eastern time (us & canada) | 1 hr 30 mins join from the meeting link:https://usdol.webex.com/usdol/j.php?mtid=m45d938f37e28fa3b7f7a75aa5a69b3dc join by meeting number:meeting number (access code): 2760 120 6665meeting password: h2b2023 tap to join from a mobile device (attendees only):1 877 465 7975, us toll free+1 210 795 0506, us toll join by phone:1 877 465 7975 us toll free1 210 795 0506 us toll the 2022 h 2a final rule, effective on november 14, 2022, implemented a new process for the oflc administrator’s determination of labor supply states (lss). lss are additional states in which an employer’s job order will be circulated and, if appropriate, where additional recruitment may be required. on may 30, 2023, consistent with 20 cfr 655.154, the oflc administrator solicited public input for 60 days about lss and related recruitment mechanisms to make a determination that identifies whether there are areas of traditional or expected labor supply for each state with respect to the availability of qualified workers and the appropriate and effective means of recruiting those workers. this determination includes particular area(s) of the united states in which a significant number of qualified workers have been identified and who, if recruited through additional positive employer recruitment activities, would be willing to make themselves available for work in the state. the lss determination is effective as of the date of this announcement for employers who have not commenced recruitment after receiving a notice of acceptance. this determination will remain valid until the oflc administrator publishes a new determination on the oflc website as provided by 20 cfr 655.154(d). after consideration of the information received, the oflc administrator has determined that all current lss requirements will remain in full effect, with the following modifications: updated labor supply state information is available on oflc’s labor supply state page on the foreign labor application gateway (flag): the u.s. departments of labor and homeland security (dhs) have published a temporary final rule (tfr) increasing the numerical limitation on h 2b nonimmigrant visas to authorize the issuance of no more than 64,716 additional visas for fiscal year (fy) 2024 positions to employers that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the h 2b workers requested under the cap increase. of the 64,716 visas available, up to 44,716 are limited to h 2b returning workers, and up to 20,000 are reserved for nationals of guatemala, el salvador, honduras, haiti, colombia, ecuador, or costa rica. the tfr provides additional protections for u.s. workers, flexibility for foreign workers, and additional recruitment requirements for certain employers. in support of this rule, the office of foreign labor certification (oflc) has posted the new form eta 9142 b caa 8 and the accompanying instructions. the tfr requires an employer to attest, among other things, to the fact that it is suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the h 2b workers requested under the cap increase. this attestation must be submitted to the united states citizenship and immigration services (uscis) along with form i 129, in support of an h 2b application subject to the h 2b cap. dhs will not accept any h 2b petitions under provisions related to the fy 2024 supplemental numerical allocations after september 16, 2024, and will not approve any such h 2b petitions after september 30, 2024. the attestation is also available on the forms page of the oflc website at: https://www.dol.gov/agencies/eta/foreign labor/forms. please note: the tfr requires employers with a certified start date which is 30 or more days prior to the submission of their visa petition to uscis to engage in additional recruitment of u.s. workers. employers required to conduct additional recruitment must provide oflc with the case number for each temporary certification which will be used in support of a visa petition to uscis concurrently with their placement of new job orders with the state workforce agency. employers who must conduct this concurrent notification requirement are encouraged to notify oflc national processing center by sending an email to h2bsupplementalvisas@dol.gov, and including the words “h 2b tfr 2024 recruitment” followed by the unique temporary labor certification case number in the subject line of the email. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the fourth quarter of fiscal year 2023) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2022 through september 30, 2023 reporting period of fiscal year 2023. oflc has also released selected program statistics for the fourth quarter of fiscal year 2023 for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2022 through september 30, 2023. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. on september 15, 2023, the department of labor (dol) published in the federal register a notice of proposed rulemaking (nprm) that would enhance worker protections in the h 2a program. on october 26, 2023, in response to several requests, dol published a letter on regulations.gov declining to extend the 60 day comment period for the nprm that will expire on november 14, 2023. the department of labor (dol) has published the notice of proposed rulemaking, improving protections for workers in temporary agricultural employment in the united states, in the federal register. comments on the proposed rule will be accepted through tuesday, november 14, 2023. the department and the office of foreign labor certification have posted additional information on the rule below: the office of foreign labor certification (oflc) will implement the new form eta 9142b, h 2b application for temporary employment certification, beginning august 31, 2023. as a result, any initiated cases not submitted prior to 12:00 a.m. est on august 31, 2023, will be deleted and a new application using the revised form eta 9142b will need to be created. oflc is providing an advance copy of the form eta 9142b documents that will go live on august 31, so that our stakeholders can familiarize themselves with the revised forms: oflc has issued a set of frequently asked questions (faqs), round 4   labor condition application (lca/ eta form 9035/9035e), for the h 1b, h 1b1 and e 3 programs. as of the date of this announcement, oflc is rescinding in full all covid 19 frequently asked questions (faqs), which includes round 1 (published march 20, 2020); round 2 (published april 1, 2020); round 3 (published april 9, 2020); and round 4 (published june 3, 2020). the processing centers have resumed normal processing operations. all other faqs not related to covid 19 remain in full effect. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2023) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2022 through june 30, 2023 reporting period of fiscal year 2023. oflc has also released selected program statistics for the third quarter of fiscal year 2023 for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2022 through june 30, 2023. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. oflc has issued a set of frequently asked questions (faqs), round 6   h 2a labor contractors, associated with the publication of the final rule, temporary agricultural employment of h 2a nonimmigrants in the united states (“2022 h 2a final rule”). the round 6 faqs provide stakeholders answers to questions on filing, work contracts with fixed site agricultural business clients, housing and/or transportation provided by fixed site agricultural business clients, farm labor contractor   farm labor contractor employee certificate(s) of registration, and surety bonds. the office of foreign labor certification has issued a set of frequently asked questions (faqs) regarding the final rule, adverse effect wage rate methodology for the temporary employment of h 2a nonimmigrants in non range occupations in the united states (“2023 aewr final rule”), which published on february 28, 2023. these round 2 faqs provide guidance on aewr determinations, including how a state workforce agency (swa) and the certifying officer (co) determine which aewr applies to a job opportunity, how swas and cos determine the aewr for job duties with multiple standard occupational classification codes, and the impact of certain job duties on aewrs. to keep the public informed regarding the submission and assignment of h 2b applications for review, the office of foreign labor certification (oflc) published the assignment groups for 2,157 h 2b applications covering 40,947 worker positions with a work start date of october 1, 2023. oflc completed the randomization process on july 6 and assigned to national processing center analysts all h 2b applications placed in assignment group a for issuance of notices of deficiency or acceptance. group a includes enough worker positions to reach the h 2b semi annual visa allotment of 33,000. one additional assignment group was created for the remaining applications and associated worker positions. each filing was randomly given a unique number in accordance with oflc's randomization process and placed into a group for assignment to analysts for review and processing. on july 6, 2023 oflc provided written notice to each employer (and the employer's authorized attorney or agent) informing them about the assignment group for their application(s). as part of the office of foreign labor certification's (oflc) ongoing efforts to increase public engagement, oflc's national prevailing wage center will host a two hour webinar on tuesday, july 11, 2023, to provide general filing tips and trends for the prevailing wage determination process in the permanent and labor condition application programs. please be advised the webinar is available to a maximum of 1000 participants but will be recorded and posted to our website for future reference. tuesday, july 11, 2023: 2:00 pm | (utc 04:00) eastern time (us & canada) | 2 hrs. join from the meeting link: https://usdol.webex.com/usdol/j.php?mtid=m45bd80f62c5fe8efab26dd877c3f96f3 join by meeting number: meeting number (access code): 2760 709 2233 meeting password: pwd2023! tap to join from a mobile device (attendees only): 1 877 465 7975, # us toll free +1 210 795 0506, # us toll join by phone: 1 877 465 7975 us toll free 1 210 795 0506 us toll join from a video system or application: dial 27607092233@usdol.webex.com the office of foreign labor certification (oflc) received the 2023 commonwealth of northern mariana islands (cnmi) prevailing wage study survey from the governor of the cnmi for the cw 1 program. oflc has approved the 2023 cnmi prevailing wage study survey for 417 occupations and will issue updated cw 1 prevailing wages using this data from july 1, 2023 through june 30, 2024. the updated wage table includes prevailing wage data for a total of 848 occupations. the employment and training administration (eta) published a notice in the federal register (frn) on june 16, 2023, updating the aewrs under the h 2a temporary agricultural employment program that apply to a limited set of h 2a job opportunities for which the aewr is determined using the bureau of labor statistics oews survey. the 2023 aewr final rule methodology uses the oews to set aewrs for non range h 2a job opportunities that are either: (1) not classified within one of the six standard occupational classification codes that comprise the u.s. department of agriculture’s farm labor survey (fls) field and livestock workers (combined) category or (2) located in states or regions, or equivalent districts or territories, for which the fls does not report a wage. aewrs are the minimum wage rates dol has determined must be offered, advertised in recruitment, and paid by employers to h 2a workers and workers in corresponding employment for a particular occupation and area so that the wages and working conditions of similarly employed workers in the united states will not be adversely affected. this frn provides oews based aewrs for (1) the field and livestock workers (combined) category in alaska, the district of columbia, guam, puerto rico, and the u.s. virgin islands and for (2) job opportunities outside of the field and livestock (combined) category throughout the united states and its territories. eta will publish a separate frn in december 2023 providing updated aewrs for field and livestock workers (combined) category in the 49 states for which the fls provides data, which will be released in late november 2023. updated information will be made available on oflc’s aewr page on the foreign labor application gateway (flag) on july 1, 2023, at 12:01am. the office of foreign labor certification (oflc) reminds employers and other interested stakeholders that the three day filing window to submit an h 2b application for temporary employment certification (form eta 9142b and appendices) requesting a work start date of october 1, 2023, will open on july 3, 2023, at 12:00 a.m. eastern time, and close on july 5, 2023, at 11:59 p.m. eastern time. this three day period is the earliest an employer may file an application for an october 1, 2023, work start date, which is the first day of the semi annual visa allotment for the first half of fiscal year 2024. employers seeking start dates of october 2, 2023, or later must comply with the timeliness requirements at 20 cfr 655.15(b). in accordance with regulatory requirements and oflc’s standard operating procedures, h 2b applications requesting october 1, 2023, work start dates will be denied if they are filed before july 3, 2023, at 12:00 a.m. eastern time. after the three day filing window has closed, oflc will randomly order applications for assignment to analysts for review and processing all h 2b applications requesting a work start date of october 1, 2023, that are filed during the three day filing window (july 3 5, 2023) using the randomization procedures published in the federal register on march 4, 2019. the office of foreign labor certification has published the latest prevailing wage data from the occupational employment and wage statistics (oews) as generated by the bureau of labor statistics for the new wage year from july 2023 through june 2024, effective july 1, 2023. prevailing wage determinations issued from the national prevailing wage center reflect the 2018 soc codes. on november 15, 2021, the employment and training administration issued a federal register notice (frn) informing the public that the office of foreign labor certification (oflc) was updating appendix a to the preamble education and training categories by occupational information network (o*net) standard occupational classification (soc) occupations. appendix a is a list of professional occupations that serves as a guide for employers to distinguish between professional and non professional occupations in order to comply with the professional recruitment requirements of the perm program. the frn stated that oflc intends to review bls’s occupational and education data each year to publish a new list of occupations on its website, even when bls data remain the same from the previous year. oflc is releasing this year’s appendix a, which implements the new list of professional occupations for the july 2023 through june 2024 wage year and will be effective starting july 1, 2023. the employment and training administration has published an frn updating the aewrs under the h 2a temporary agricultural employment program that apply to a limited set of h 2a job opportunities for which the aewr is determined using the bureau of labor statistics oews survey. these changes will go into effect, as stated in the frn, on july 1, 2023. the office of foreign labor certification expects to publish additional information on its website on june 30, 2023, regarding the information provided in the frn. the 2022 h 2a final rule, effective on november 14, 2022, implemented a new process for the oflc administrator’s determination of labor supply states (i.e., additional states in which an employer’s job order will be circulated and, if appropriate, where additional recruitment may be required). annually, under 20 cfr 655.154(d), the oflc administrator will gather and review public input about labor supply and related recruitment mechanisms and will publish a labor supply state determination on the oflc website. the oflc administrator’s determination will identify with respect to each state whether there are other traditional or expected labor supply states. where appropriate, within a traditional or expected labor supply state, the determination will identify particular area(s) in which a significant number of qualified workers located in the united states have been identified, who if recruited through positive employer recruitment activities, would be willing to make themselves available for work in the state. the labor supply state determination will become effective on the date of publication for employers who have not commenced recruitment after receiving a notice of acceptance. the determination will remain valid until the oflc administrator publishes a new determination on the website. the oflc administrator will consider general information about labor flow trends (e.g., information contained in the agricultural recruitment clearance system) to inform a determination regarding expanded interstate circulation of h 2a job orders. to make a determination regarding labor supply and the positive recruitment needed to reach qualified workers within a state, the oflc administrator requests information from the public regarding the availability of qualified workers, and the appropriate, effective means of recruiting those workers. information that could be helpful to the oflc administrator’s determination include, but are not limited to, the following: oflc is seeking information, and particularly welcomes specific information, on or before monday, july 31, 2023. how to submit information: oflc will only consider electronic submissions to the email box, h2alaborsupply@dol.gov, for making determinations as to the labor supply states. any submissions sent through mail or other correspondence will not be accepted. the oflc administrator will make and publish on the oflc website its determinations after careful review of all information received. oflc previously announced a delay to the date on which it will transition perm submission and processing to the foreign labor application gateway (flag) and the concurrent implementation of the revised form eta 9089. in response to stakeholder requests, oflc used this delay to work with the department’s office of chief information officer to provide filers the option to link prevailing wage determinations to a perm application where users no longer have access to the flag account from which the prevailing wage request was submitted. information and guidance on how to use this option can be found in the addendum to the form eta 9089 user guide on the perm program page on flag. as stated in oflc’s announcement on may 11, 2023, oflc will not accept applications in the legacy perm online system after 6:59 pm est on may 31, 2023, however, mailed in applications post marked on or before may 31, 2023, will be accepted in the legacy system. the perm module in flag will be fully deployed on june 1, 2023. please note: the external submission functionality in the perm online system is the only part of the system which will be disabled on may 31, 2023, at 6:59 pm est; the perm online system will otherwise remain operational. users who have pending applications in the legacy perm online system can still upload responsive documents to an audit request or request for information, withdraw applications, request reconsideration or appeal, and use the help desk inquiry system as normal. filers have been able to use the case creation functionality in the perm module in the foreign labor access gateway (flag) since april 24, 2023. during the time that functionality has been available, oflc has received and reviewed numerous help desk inquiries pertaining to the filing of the revised version of form eta 9089. as a reminder, oflc does not provide case specific guidance on the filing procedures. each case has its own specific requirements and circumstances. oflc strongly encourages all applicants to review the perm regulations, the frequently asked questions (faqs), and the instructions to the form eta 9089 for general guidance. oflc will continue to review received help desk inquiries and will provide additional guidance in the form of new faqs. oflc has identified one question which has been so commonly received we believe it should be addressed prior to the perm module in flag being fully deployed to prevent confusion when filers try to submit perm applications. q: i’m filling out work experience in appendix a.e   foreign worker work experience. what should i enter for the 'end date' when the worker is presently working for the employer? a: you can enter the current month and year for when you’re completing the application. make sure to select "yes" to question 1.j. present. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the second quarter of fiscal year 2023) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2022 through march 31, 2023 reporting period of fiscal year 2023. oflc has also released selected program statistics for the first quarter of fiscal year 2023 for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2022 through march 31, 2023. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. following up on the announcements of april 21, april 27, may 1, and may 8, 2023, the office of foreign labor certification (oflc) is postponing the date for filers to begin submitting the new, revised applications for permanent employment certification and cw 1 applications for temporary employment certification in the foreign labor application gateway (flag) from may 16, 2023, to june 1, 2023. applicants should continue to use the current perm and cw 1 forms until such time. as a result of the transition to the revised version of the form and the transition to flag, oflc will no longer accept any new applications submitted via the legacy perm online system after may 31, 2023, at 6:59 pm eastern standard time. oflc will no longer accept the previous version of form eta 9089 or forms eta 9141c/9142c, and their related forms, after may 31, 2023, either electronically or submitted by mail. the office of foreign labor certification (oflc) will begin accepting the revised cw 1 temporary employment certification program’s forms, appendices and general instructions on may 16, 2023. in anticipation of the revised form eta 9142c, cw 1 application for temporary employment certification, form eta 9141c, application for prevailing wage determination, general instructions, and associated appendices a, b, and c, going into effect, oflc is publishing an unofficial, watermarked preview copy of these documents to permit filers to become familiar with the revised forms and related documents. oflc is also providing an unofficial version of the form eta 9142c, final determination, to allow the public to view what they will see upon an application being certified. important note: the form and appendices located at the hyperlinks below are for informational purposes only. these versions of the forms, instructions and appendices may not be submitted to oflc at any time; any submission to oflc using these forms will be rejected. oflc will post on its forms page (https://www.dol.gov/agencies/eta/foreign labor/forms) official, fillable, and 508 compatible pdf versions of the form eta 9142c, form eta 9141c, their general instructions and appendices a, b, and c on may 16, 2023, which is the first day the revised forms will be accepted. in april 2023, the office of foreign labor certification (oflc) conducted three webinars to provide stakeholder updates on: developments on the new adverse effect wage rate rule in the h 2a program; an update to the new perm form eta 9089; and an update on the modernization of the perm program. the presentation materials are now available at the hyperlinks below and under the "webinars" tabs at the bottom of the respective program pages on our website located here: https://www.dol.gov/agencies/eta/foreign labor/programs. presentation materials for the h 2a program new aewr rule: presentation materials for the perm program: the office of foreign labor certification (oflc) will begin accepting the revised form eta 9089 in the on may 16, 2023, but filers are currently permitted to prepare perm applications in the foreign labor application gateway which may be submitted on that date. in anticipation of the revised form eta 9089, instructions, and its appendices, going into effect, oflc is publishing an unofficial, watermarked preview copy of the form and its appendices to permit filers to become familiar with the revised form. oflc is also providing an unofficial version of the form eta 9089, final determination, to allow the public to view what they will see upon an application being certified. important note: the form and appendices located at the hyperlinks below are for informational purposes only. these versions of the form and appendices may not be submitted to oflc at any time; any submission to oflc using these forms will be rejected. oflc will post on its forms page (https://www.dol.gov/agencies/eta/foreign labor/forms) official, fillable, and 508 compatible .pdf versions of the form eta 9089 and its appendices on may 16, 2023, which is the first day the revised form eta 9089 will be accepted. the office of foreign labor certification (oflc) will begin accepting the revised form eta 9089, applications for permanent employment certification in the foreign labor application gateway (flag) system on may 16, 2023. filers may begin creating and staging applications in the flag system on april 24, 2023. as a result of the transition to the revised version of the form and the transition to flag, oflc will no longer accept any new applications submitted via the legacy perm online system after may 15, 2023, at 6:59 pm eastern standard time. oflc will no longer accept the previous version of form eta 9089 after may 15, 2023, either electronically or submitted by mail. to facilitate this transition, oflc conducted two webinars on april 19 and april 20, 2023, to educate the stakeholder community on the new form and flag system filing process. oflc will make recordings of these webinars available shortly. oflc is posting an announcement regarding recent permanent labor certification applications that were denied where the employer did not explicitly answer the question in field h.10 b. oflc has thoroughly reviewed past and current permanent labor certification (perm) applications with respect to how question h.10 b on the form eta 9089 has been completed. as a result of this review, oflc concluded that some employers have not consistently answered the question accurately by providing acceptable alternate job titles; rather, they include statements such as "see h.14   special skills." the information provided in h.14 does not identify what alternate occupations are acceptable to meet the experience requirements for the job that is the subject of the perm application. instead, the application only lists a series of the special skills requirements and/or other alternative combinations of education and experience that the employer is willing to accept. as a result of employers providing insufficient information in either h.10 b. or h.14, oflc has recently denied applications for being incomplete. oflc evaluated these denials and determined that while they are appropriate, it has not been consistent about when it denies an application for this reason, which could confuse filers. as a result, oflc has stopped issuing denials for this issue for pending applications and will not deny for this reason for any application submitted on or before may 30, 2023, by which point oflc expects to be accepting the updated version of form eta 9089 in the foreign labor application gateway system. further, oflc will overturn denials based solely on this issue. oflc will identify applications that were denied for this issue and for which reconsideration has not yet been requested; employers whose applications have been denied solely for this reason and have not yet requested consideration are encouraged not to submit a request for reconsideration. where reconsideration has been requested, oflc will prioritize processing for any pending reconsideration requests based on denials where this is the only denial issue. in cases that have been denied for additional denial reasons, oflc will overturn the h.10 b. denial reason but uphold the denial on the other grounds if either the employer has not submitted a request for reconsideration for the additional denial reason(s) or where the additional denial ground(s) are determined to be proper. oflc recognizes that as it transitions to the updated version of form eta 9089, which will incorporate form eta 9141 into perm applications, there may be questions about whether employers should alter how they complete form eta 9141 as a result of this announcement. oflc is considering that issue and will issue guidance in the near future if we determine that such guidance is necessary. the office of foreign labor certification will host an instructional webinar to provide a technical demonstration to employers and authorized attorneys or agents on how to prepare the form eta 9089 using the new perm online filing system. meeting details: thursday, april 20, 2023: 2:00   4:00 pm | (utc 04:00) eastern time (us & canada) | 2 hrs join from the meeting link: https://usdol.webex.com/usdol/j.php?mtid=m4fa5cb03fe8c8e4505fe040a080cbe01 join by meeting number: meeting number (access code): 2764 934 4206 meeting password: perm2023 tap to join from a mobile device (attendees only) 1 877 465 7975 us toll free +1 210 795 0506 us toll join by phone: 1 877 465 7975 us toll free 1 210 795 0506 us toll join from a video system or application: dial 27649344206@usdol.webex.com you can also dial 207.182.190.20 and enter your meeting number. the office of foreign labor certification invites interested stakeholders to participate in a webinar that provides an overview of the new form eta   9089, which will be utilized in the foreign labor application gateway (flag) system. the overview will provide information on the changes to the form, and instructions on how to fill out the new perm application. meeting details: wednesday, april 19, 2023: 1:00 pm | (utc 04:00) eastern time (us & canada) | 1 hr 30 min webex link: https://usdol.webex.com/usdol/j.php?mtid=m461fa546077764af5dd5af96060f280a join by meeting number meeting number: 2761 848 9806 password: eta9089 join by video system dial 27618489806@usdol.webex.com you can also dial 207.182.190.20 and enter your meeting number. join by phone 1 877 465 7975 us toll free 1 210 795 0506 us toll access code: 2761 848 9806 global call in numbers | toll free calling restrictions the office of foreign labor certification invites interested stakeholders to participate in a webinar that provides an overview of the new adverse effect wage rate (aewr) rule and gives the stakeholder community an opportunity to familiarize itself with the regulatory changes. the webinar will discuss the methodology behind the new aewr rule and prepare examples of how it will be applied. meeting details: tuesday, april 4, 2023: 3:00 pm | (utc 04:00) eastern time (us & canada) | 1 hr 30 mins join from the meeting link: https://usdol.webex.com/usdol/j.php?mtid=m186d9be8a696067a5ab821f7d23b1e0d join by meeting number: meeting number (access code): 2763 980 8196 meeting password: 2023aewr tap to join from a mobile device (attendees only) 1 877 465 7975, # us toll free +1 210 795 0506, # us toll join by phone: 1 877 465 7975 us toll free 1 210 795 0506 us toll join from a video system or application dial 27639808196@usdol.webex.com you can also dial 207.182.190.20 and enter your meeting number. on march 20, 2023, the office of foreign labor certification (oflc) conducted a webinar to provide an overview on common issues the national processing center has identified with cw 1 applications for temporary employment certification and offered filing tips that can minimize the common application errors. the presentation materials are now available at the hyperlinks below and located on our website under the “webinars” tab at the bottom of the cw 1 program page located here: https://www.dol.gov/agencies/eta/foreign labor/programs/cw 1. oflc has issued a set of frequently asked questions (faqs), round 5   joint employers, associated with the publication of the final rule, temporary agricultural employment of h 2a nonimmigrants in the united states (“2022 h 2a final rule”). on december 15, 2022, the department of labor (department) and department of homeland security (dhs) published a temporary final rule (tfr) increasing the numerical limitation on h 2b nonimmigrant visas to authorize the issuance of no more than 64,716 additional visas for fiscal year (fy) 2023 positions to employers that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the h 2b workers requested under the cap increase (“fy 2023 cap”). of the 64,716 visas available, up to 44,716 are limited to h 2b returning workers, and up to 20,000 are reserved for nationals of guatemala, el salvador, honduras, and haiti. the fy 2023 cap has been allocated in the following manner: dhs will make available 20,000 additional visas that are reserved for foreign nationals of the northern triangle countries, or haiti, as attested by the petitioner (regardless of whether such nationals are returning workers). these 20,000 visas will be available for petitioners requesting an employment start date before the end of fy 2023, up to and including september 30, 2023. the tfr provides additional protections for u.s. workers, flexibility for foreign workers, and additional recruitment requirements for certain employers. this is the first year a tfr has been published covering both h 2b cap periods, so the department is reminding employers who may now be considering accessing authorized the supplemental visas about those protections, flexibilities and requirements. the tfr requires employers to complete the department’s form eta 9142 b caa 7, which includes an attestation that the employer is suffering from or will suffer irreparable harm without the ability to hire all of the h 2b workers requested on the form i 129 submitted to the united states citizenship and immigration services (uscis) and that it has evidence to support its claim of irreparable harm which it will submit to the department or dhs upon request. employers with a certified start date 30 or more days prior to submitting their petition to uscis must attest that they conducted additional recruitment, including working with american job centers and state workforce agencies for recruitment assistance, provide notice of the job opportunity at worksites or to bargaining representatives, and where the occupation is traditionally or customarily unionized, provide written notification of the job opportunity to the nearest american federation of labor and congress of industrial organizations (afl cio) office covering the area of intended employment. when contacting the afl cio, employers must provide a copy of the job order and request assistance in recruiting qualified u.s. workers for the job opportunity. employers must also contact and rehire former employees, including those who were laid off or furloughed since january 1, 2021. the tfr further requires employers to attest that they will comply with health and safety laws and laws related to covid 19 worker protections and any right to time off or paid time off for covid 19 vaccination, or to reimbursement for travel to and from the nearest available vaccination site, and that they will notify any h 2b workers, in a language the workers understand, as necessary or reasonable, that they have equal access to covid 19 vaccines and vaccine distribution sites. the tfr once again includes a portability provision which provides h 2b workers and their employers more flexibility by allowing h 2b workers to more quickly, change employers and avoid disruptions and uncertainty in visa processing and travel caused by covid 19. please note: the tfr requires employers with a certified start date which is 30 or more days prior to the submission of their visa petition to uscis to engage in additional recruitment of u.s. workers. employers required to conduct additional recruitment must provide the office of foreign labor certification (oflc) with the case number for each temporary certification which will be used in support of a visa petition to uscis concurrently with their placement of new job orders with the state workforce agency. employers who must conduct this concurrent notification requirement are encouraged to notify oflc by sending an email to h 2bsupplementalvisas@dol.gov, and including the words “h 2b tfr 2023 recruitment” followed by the unique tlc case number in the subject line of the email. the office of foreign labor certification invites interested stakeholders to participate in a webinar that provides technical assistance and helpful tips for preparing the cw 1 application for prevailing wage determination (form eta 9141c) and the application for temporary employment certification (form eta 9142c). the webinar will provide technical assistance to employers (and authorized attorneys or agents) on how to complete and submit forms eta 9141c and eta 9142c and cover some of the most pressing post filing issues employers encounter. meeting details: march 20, 2023 7:00 pm | (utc 05:00) eastern time (us & canada) | 1 hr / march 21, 2023 9:00am | (utc+10:00) chamorro standard time | 1 hr join from the meeting link: https://usdol.webex.com/usdol/j.php?mtid=m09be869a77a13aa13dd691296393fff7 join by meeting number: meeting number (access code): 2763 487 7128 meeting password: cw1update tap to join from a mobile device (attendees only): 1 877 465 7975, # us toll free +1 210 795 0506, # us toll join by phone: 1 877 465 7975 us toll free 1 210 795 0506 us toll oflc has issued a set of frequently asked questions (faqs) regarding the final rule, adverse effect wage rate methodology for the temporary employment of h 2a nonimmigrants in non range occupations in the united states, (“2023 aewr final rule”), which published on february 28, 2023. the faqs address implementation of the final rule, including explanations of the major changes in aewr methodology, information on when and where new aewrs have been posted and will be posted in the future, how to determine the aewr that applies, and how future aewr adjustments will impact employer obligations on adjusting pay rates in existing contracts. the u.s. department of labor (department) has published a final rule that amends its regulations regarding the methodology used to determine the adverse effect wage rates (aewrs) for non range agricultural occupations in the h 2a visa program. the new methodology will result in aewrs that better protect against adverse effect on the wages of workers in the united states similarly employed, while providing stability and predictability for employers in complying with their wage obligations. for the vast majority of h 2a job opportunities, the rule does not change the methodology that has been in place since 1987, which uses the annual average gross hourly wage for field and livestock workers (combined) for the state or region, as reported by the u.s. department of agriculture’s farm labor survey (fls), whenever such wage data is available. the methodology results in a single statewide hourly aewr, adjusted annually, for all h 2a job opportunities in six standard occupational classification (soc) codes within the field and livestock worker (combined) category. for h 2a job opportunities that require performance of duties outside the six field and livestock workers (combined) soc codes, the rule introduces a new methodology, which uses the annual average gross hourly wage for each soc code, as reported by the bureau of labor statistics’ occupational employment and wage statistics survey. this methodology will yield a statewide hourly aewr, adjusted annually, for each soc code outside the six field and livestock workers (combined) soc codes. the new methodology will apply to h 2a job orders submitted for non range occupations beginning on march 30, 2023. oflc will post additional information and guidance to stakeholders in the form of frequently asked questions on this website. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the first quarter of fiscal year 2023) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2022 through december 31, 2022 reporting period of fiscal year 2023. oflc has also released selected program statistics for the first quarter of fiscal year 2023 for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2022 through december 31, 2022. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. the employment and training administration has issued a notice in the federal register to announce the annual updated dollar amount h 2a employers may charge workers, other than workers in herding or production of livestock on the range occupations, for providing meals and the maximum and minimum rate at which h 2a and h 2b workers must be reimbursed for travel related subsistence expenses. the notice also includes a reminder of the continuing obligation of h 2a and h 2b employers to pay certain lodging and travel related expenses workers incur while traveling to and from h 2a and h 2b employment. to keep the public informed regarding the submission and assignment of h 2b applications for review, the office of foreign labor certification (oflc) published the assignment group(s) for 8,693 h 2b applications covering 142,796 worker positions with the start date of work of april 1, 2023. following the randomization procedures published in the federal register on march 4, 2019, oflc completed the randomization process on january 4 and assigned to national processing center analysts all h 2b applications placed in assignment group a for issuance of notices of deficiency or acceptance. group a includes enough worker positions to reach the h 2b semi annual visa allotment of 33,000. six additional assignment groups were created for the remaining applications, each of which includes no more than 20,000 worker positions. on january 4, 2023, oflc provided written notice to each employer (and the employer's authorized attorney or agent) informing them about the assignment group for their application(s). view the assignment groups for h 2b applications submitted january 1 3, 2023 the office of foreign labor certification has completed the randomization process to randomly assign all h 2b applications submitted during the initial three day filing window, january 1 3, 2023, requesting an april 1, 2023, work start date for the second half of the fiscal year 2023 h 2b statutory visa cap. oflc received a total of 8,693 h 2b applications requesting 142,796 worker positions during this filing period. oflc will be providing written notification to employers (and the employer's authorized attorney or agent) with their h 2b assignment group. on january 9, 2023, oflc will also publish on its website the list of the h 2b applications assigned to each assignment group. oflc has issued a set of frequently asked questions (faqs), round 4   h 2a application filing and processing, associated with the publication of the final rule, temporary agricultural employment of h 2a nonimmigrants in the united states (“2022 h 2a final rule”). the office of foreign labor certification has received omb approval for the form eta 9142 b caa 7, attestation for employers seeking to employ h 2b nonimmigrant workers under section 204 of division o of the consolidated appropriations act, 2022, public law 117 103, and public law 117 180. employers seeking to obtain h 2b nonimmigrant workers under the fy2023 cap increase must complete this form and submit to uscis. the form and its instructions are now available for immediate public use at: https://www.dol.gov/agencies/eta/foreign labor/forms. for more information, please see oflc’s december 15, 2022, website announcement. the employment and training administration has published a notice in the federal register announcing the new aewr for occupations involving herding or production of livestock on the range for the h 2a program. aewrs are the minimum wage rates the department of labor has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment to help ensure the department meets its statutory obligation to certify that the employment of h 2a foreign workers will not adversely effect the wages of agricultural workers in the u.s. similarly employed. the notice announces the new national monthly aewr for herding or production of livestock on the range. the employment and training administration has published a notice in the federal register announcing the aewrs for the employment of h 2a workers to perform agricultural labor or services other than the herding or production of livestock on the range. aewrs are the minimum wage rates the department of labor has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment to help ensure the department meets its statutory obligation to certify that the employment of h 2a foreign workers will not adversely effect the wages of agricultural workers in the u.s. similarly employed. the notice announces the new hourly aewrs by state, for all agricultural employment (except for occupations involving herding or production of livestock on the range, which is covered by 20 cfr 655.200 235). pursuant to the district court’s order in united farm workers, et al. v. u.s. dep’t of labor, et al., no. 20 cv 01690, 2022 wl 1004855 (e.d. cal. april 4, 2022) , which vacated the department’s 2020 aewr final rule, adverse effect wage rate methodology for the temporary employment of h 2a nonimmigrants in non range occupations in the united states, 85 fr 70445 (nov. 5, 2020) and remanded the rule to the department for further rulemaking, the new hourly aewrs are set according to the methodology in the 2010 rule, temporary agricultural employment of h 2a aliens in the united states, 75 fr 6884 (feb. 12, 2010). the new hourly aewrs are equal to the annual weighted average hourly wage rate for field and livestock workers (combined) in the state or region as published by the u.s. department of agriculture in the farm labor report. in addition, the average aewr across all surveyed states constitutes the average aewr, which is used to calculate adjustments to required bond amounts for h 2a labor contractors. the office of foreign labor certification (oflc) reminds employers and other interested stakeholders that the filing window to submit an h 2b application for temporary employment certification (form eta 9142b and appendices) requesting work start dates of april 1, 2023, or later, will open on january 1, 2023, at 12:00 a.m. eastern time. following oflc’s standard operating procedures, h 2b applications requesting an april 1, 2023, work start date will be denied if they are filed before january 1, 2023, at 12:00 a.m. eastern time. oflc will randomly order for processing all h 2b applications requesting a work start date of april 1, 2023, that are filed during the initial three calendar days (january 1 3, 2023) using the randomization procedures published in the federal register on march 4, 2019. each day, from january 3, 2023 through january 6, 2023, oflc will publish on the foreign labor application gateway system website the number of h 2b applications it has received to date and the total number of requested worker positions on those applications. on december 7, 2022, the office of foreign labor certification (oflc) conducted a webinar to update stakeholders on the process for filing h 2b applications requesting a work start date of april 1, 2023, or later. this webinar also provided best practices and helpful tips for preparing and submitting h 2b applications for temporary employment certification (form eta 9142b and appendices) using the foreign labor application gateway system. the presentation materials are now available on the h 2b temporary non agriculture program page of the oflc website and at the hyperlink below. important reminder: employers should file only one application for the same job opportunity. with limited exception, under 20 cfr 655.15(f), only one application for temporary employment certification (form eta 9142b and appendices) may be filed for worksite(s) within one area of intended employment for each job opportunity with an employer for each period of employment. oflc will only review and process the application that was filed first, according to its timestamp. if oflc identifies multiple applications that appear to have been filed for the same job opportunity, oflc will consider the first application filed in timestamp order   irrespective of randomization group assignments   as the official application submitted by (or on behalf of) the employer. oflc will issue a notice of deficiency on the first application reviewed (i.e., the application that is randomized closest to the top of the processing order) to require the employer to establish a bona fide need for all potentially duplicative applications. employers that fail to establish a bona fide need for each of the applications will receive a non acceptance denial for each application identified as a duplicate and received after the application that was filed first. employers should make any necessary corrections or amendments to the first application filed. for further information on requesting a correction or amendment of an h 2b application before issuance of a final determination, please refer to h 2b frequently asked questions round 11. the u.s. departments of labor and homeland security have published a temporary final rule (tfr) increasing the numerical limitation on h 2b nonimmigrant visas to authorize the issuance of no more than 64,716 additional visas for fiscal year (fy) 2023 positions to employers that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the h 2b workers requested under the cap increase. of the 64,716 visas available, up to 44,716 are limited to h 2b returning workers, and up to 20,000 are reserved for nationals of the northern triangle countries (guatemala, el salvador, and honduras) and haiti. the tfr provides additional protections for u.s. workers, flexibility for foreign workers, and additional recruitment requirements for certain employers. in support of this rule, the office of foreign labor certification (oflc) has posted the new form eta 9142 b caa 7 and the accompanying instructions. the tfr requires an employer to attest, among other things, to the fact that it is suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the h 2b workers requested under the cap increase. this attestation must be submitted to the united states citizenship and immigration services (uscis) along with form i 129, in support of an h 2b application subject to the h 2b cap on or before september 15, 2023. upon omb providing final approval, oflc will issue a separate announcement informing the public that the form eta 9142 b caa 7 is available for immediate public use. please note: the tfr requires employers with a certified start date which is 30 or more days prior to the submission of their visa petition to uscis to engage in additional recruitment of u.s. workers. employers required to conduct additional recruitment must provide oflc with the case number for each temporary certification which will be used in support of a visa petition to uscis concurrently with their placement of new job orders with the state workforce agency. employers who must conduct this concurrent notification requirement are encouraged to notify oflc npc by sending an email to h 2bsupplementalvisas@dol.gov, and including the words “h 2b tfr 2023 recruitment” followed by the unique tlc case number in the subject line of the email. oflc has issued a set of frequently asked questions (faqs), round 3   job offers, assurances, and obligations   wages, associated with the publication of the final rule, temporary agricultural employment of h 2a nonimmigrants in the united states (“2022 h 2a final rule”). the wage and hour division (whd) is also posting guidance and information regarding h 2a program obligations, requirements, and compliance under the 2022 h 2a final rule. for example, fact sheets posted on whd’s website provide general information about recruitment, notifications, wages, and housing. the office of foreign labor certification (oflc) invites stakeholders to participate in a webinar that provides best practices and helpful tips for preparing h 2b applications for temporary employment certification (form eta 9142b and appendices). the webinar will discuss: • regulatory timeframes and filing requirements for h 2b applications with a start date of need of april 1, 2023, or later; • procedures oflc uses to randomly select h 2b applications for review and processing; • helpful hints and reminders to avoid deficiencies during application process. this webinar will be recorded and posted to the oflc website along with presentation materials for future reference. please be advised there is a 1000 person participant limit to this webinar. *also note, if you are experiencing audio difficulties using a computer, please combine the presentation with the ”join by phone” details indicated below. details of the webinar are as follows: wednesday, december 7, 2022: 2:00 pm to 3:00 pm | (utc 05:00) eastern time (us & canada) | 1 hr join from the meeting link: https://usdol.webex.com/usdol/j.php?mtid=m826dbe7a51c4c60ea13e22638f270822 join by meeting number: meeting number (access code): 2764 494 5346 meeting password: h2bupdate2022 tap to join from a mobile device (attendees only): 1 877 465 7975,,27644945346## us toll free +1 210 795 0506,,27644945346## us toll join by phone: 1 877 465 7975 us toll free 1 210 795 0506 us toll join from a video system or application: dial 27644945346@usdol.webex.com you can also dial 207.182.190.20 and enter your meeting number. the department of labor (department) published the current h 2b regulations, temporary non agricultural employment of h 2b aliens in the united states, as an interim final rule with the department of homeland security (dhs) on april 29, 2015. 80 fr 24042. with the interim final rule, the department created a separate h 2b registration process to determine whether an employer has a temporary need for nonagricultural services or labor, subject to review by dhs as the final arbiter of temporary need. the interim final rule stated the registration process would be implemented through the publication of a notice in the federal register. the department has not implemented the h 2b registration process. on november 2, 2022, the u.s. district court for the central district of california issued an order in padilla construction company, et. al. v. martin j. walsh, et. al., no. 2:18 cv 1214 (c.d. cal. nov. 2, 2022). under the order, the department will propose to rescind h 2b registration requirements contained in 20 cfr 655.11 and 655.12 and propose conforming edits throughout its h 2b regulations at 20 cfr part 655, subpart a to remove references to the h 2b registration process through future notice and comment procedures. in the interim, the department will use the notice of acceptance (noa), which is issued when an h 2b application meets regulatory requirements and is permitted to commence recruitment of u.s. workers, to inform an h 2b employer of the department’s determination on its temporary need for services or labor. where an employer is determined to have a temporary need for services or labor, the noa will provide the employer with a unique temporary need registration number, which may remain active for up to three years and which will be considered as one piece of evidence during the department’s adjudication of the employer’s temporary need in future application filings. the department will use a notice of deficiency to inform an h 2b employer when its temporary need for an application filing is in question, to request additional information, and also to inform an employer of deactivation of its temporary need registration number if the number has expired or if it appears that the employer no longer demonstrates a temporary need. for more information, please see the district court’s order below. important note: this announcement of the department’s future proposal to rescind h 2b registration requirements will not affect h 2b application filings for the 2023 peak application filing season for the second half visa cap. the u.s. department of labor previously announced that it intends to engage in additional rulemaking concerning the h 2a visa program for temporary agricultural employment of foreign workers. the department will consider new ways to support worker voice and promote employer accountability. as we review the department’s h 2a regulations, we are eager to hear from stakeholders that represent diverse interests and perspectives. the department of labor initially announced it would conduct two virtual listening sessions, one for employers and their representatives and another for workers and their advocates to gather input about possible changes to the h 2a regulations. the department has added two additional listening sessions. each listening session will offer the opportunity to give input into the possible rulemaking, so participants need attend only one session. our goals are to listen, engage the public, and hear from many voices who could be impacted by potential changes to the regulations. we are interested in hearing about the experiences of workers and employers, so we encourage worker and employer representatives to include their members’ perspectives in their remarks or to invite workers or employers to share their experiences directly. we invite you to join the virtual listening sessions for worker and employer representatives with department of labor officials. please find below the breakdown and registration links to each of the sessions: these are public events. registrants will be emailed a zoom link one day before the event begins. please note that if you have already registered for a session, you do not need to register again. if you require an accommodation or language interpretation to attend this listening session, please email whd events@dol.gov at least five (5) business days prior to the event so we can make arrangements. please direct any questions to whd events@dol.gov. oflc has issued a set of frequently asked questions (faqs), prevailing wage surveys, associated with the publication of the final rule, temporary agricultural employment of h 2a nonimmigrants in the united states (“2022 h 2a final rule”). the u.s. department of labor previously announced that it intends to engage in additional rulemaking concerning the h 2a visa program for temporary agricultural employment of foreign workers. the department will consider new ways to support worker voice and promote employer accountability. as we begin a review of the department’s h 2a regulations, we are eager to hear from stakeholders that represent diverse interests and perspectives. the department of labor will conduct two virtual listening sessions, one for employers and their representatives and another for workers and their advocates to gather input about possible changes to the h 2a regulations. our goals are to listen, engage the public, and hear from many voices who could be impacted by potential changes to the regulations. we are interested in hearing about the experiences of workers and employers, so we encourage worker and employer representatives to include their members’ perspectives in their remarks or to invite workers or employers to share their experiences directly. we invite you to join the virtual listening session for worker and employer representatives with department of labor officials. please find below the breakdown and registration links to each of the sessions: these are public events. registrants will be emailed a zoom link one day before the event begins. if you require an accommodation or language interpretation to attend this listening session, please email whd events@dol.gov at least five (5) business days prior to the event so we can make arrangements. please direct any questions to whd events@dol.gov. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the final quarter of fiscal year 2022) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2021 through september 30, 2022 reporting period of fiscal year 2022. oflc has also released selected program statistics for the second quarter of fiscal year 2022 for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2021 through september 30, 2022. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. on november 17, 2022, the department of labor’s office of foreign labor certification (oflc) will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the h 2a program made by the h 2a 2022 final rule. the provisions adopted in this final rule strengthen protections for agricultural workers, enhance enforcement to prevent fraud and abuse, and simplify and modernize the h 2a application, temporary labor certification, and the prevailing wage determination processes. this presentation will provide a detailed overview of how the 2022 h 2a rule will affect filing and processing including preparations to the flag filing system, reviewing changes to eta forms 790/ 790a and 9142a, calculating surety bonds, and additional topics. this webinar will be recorded and posted to the oflc website along with presentation materials for future reference. please be advised there is a 1000 person participant limit to this webinar. *please note, if you are experiencing audio difficulties using a computer, please combine the presentation with the ”join by phone” details indicated below. meeting details: thursday, november 17, 2022: 2:00 pm   3:30 pm | (utc 04:00) eastern time (us & canada) | 2 hrs join from the meeting link: https://usdol.webex.com/usdol/j.php?mtid=mf83cd84e497e3b27d31101d7b95df9a7 join by meeting number: meeting number (access code): 2761 874 1502 meeting password: h2aupdate2022 tap to join from a mobile device (attendees only): 1 877 465 7975, # us toll free +1 210 795 0506, # us toll join by phone: 1 877 465 7975 us toll free 1 210 795 0506 us toll join from a video system or application: dial 27618741502@usdol.webex.com you can also dial 207.182.190.20 and enter your meeting number. oflc has issued a set of frequently asked questions (faqs), round 2   job order filing and processing, associated with the publication of the final rule, temporary agricultural employment of h 2a nonimmigrants in the united states (“2022 h 2a final rule”). as part of its stakeholder outreach program, the office of foreign labor certification (oflc) announces the following informational webinars to educate the filing community on changes to the h 2a and h 2b programs. the login and presentation details for the first presentation on october 27, 2022 are below. specific details such as the login information and presentation description will be posted to our website prior to each event. please note, dates and times in this schedule may change. on october 27, 2022, the department of labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the h 2a program made by the h 2a 2022 final rule. participants of this webinar will learn from office of foreign labor certification (oflc) and wage and hour division (whd) about the key changes between the 2010 h 2a rule and the 2022 h 2a rule in areas such as wage source adjustments during the contract period, housing standards and certification, joint employment, surety bonds for h 2a labor contractors, debarment, plus other topics. the final rule will become effective on november 14, 2022. this webinar slides will be posted to the oflc website along with presentation materials for future reference. please be advised there is a 1000 person participant limit to this webinar. thursday, october 27, 2022: 3:00 pm to 4:00 pm | (utc 04:00) eastern time (us & canada) | 1 hr join from the meeting link: https://usdol.webex.com/usdol/j.php?mtid=m81d506103efc0faee6d4643bea3ec826 join by meeting number: meeting number (access code): 2761 532 6669 meeting password: oflcwhdh2a2022 tap to join from a mobile device (attendees only): 1 877 465 7975, # us toll free +1 210 795 0506, # us toll join by phone: 1 877 465 7975 us toll free 1 210 795 0506 us toll join from a video system or application: dial 27615326669@usdol.webex.com you can also dial 207.182.190.20 and enter your meeting number the u.s. department of labor has published a final rule, temporary agricultural employment of h 2a nonimmigrants in the united states (“2022 h 2a final rule” or “final rule”), that revises its regulations governing the certification of employment of nonimmigrant workers in temporary agricultural employment and the enforcement of obligations applicable to employers of h 2a workers and workers in the united states similarly employed. in recent years, the department has engaged in rulemaking to propose changes to the h 2a temporary labor certification (tlc) program after nearly 10 years administering the program under the 2010 final rule. see notice of proposed rulemaking (nprm), temporary agricultural employment of h 2a nonimmigrants in the united states, 84 fr 36168 (july 26, 2019). after consideration of comments received in response to the nprm, the department separated the nprm’s proposals into two rulemaking activities. the first, which encompasses all of the nprm’s proposals except the aewr methodology, culminated this final rule. the second will address changes to the aewr methodology. see 86 fr 68174 (dec. 1, 2021). the provisions adopted in this final rule strengthen protections for agricultural workers, enhance enforcement to prevent fraud and abuse, and simplify and modernize the h 2a application and tlc process and the prevailing wage determination process. to help stakeholders better understand the final rule, oflc has issued a set of frequently asked questions (faqs), round 1   implementation, which further explain technical details as to dates of implementation and transition dates between the 2010 and 2022 h 2a final rules. information on stakeholder engagements (e.g., webinars) and of the issuance of additional faq rounds on other topics will be forthcoming. the department of labor has announced the impending publication of a final rule to amend h 2a temporary labor certification regulations (“2022 h 2a final rule”) to strengthen agricultural worker protections, and to update the h 2a application and temporary labor certification and prevailing wage determination processes. the final rule will be published in the federal register on october 12, 2022. the h 2a program allows employers to address temporary labor needs by employing foreign agricultural workers when there are not sufficient workers who are able, willing, qualified, and available, and when doing so will not adversely affect the wages and working conditions of workers similarly employed in the u.s. the office of foreign labor certification will post additional announcements regarding the official publication and implementation of the 2022 h 2a final rule. oflc has issued disaster guidance regarding reasonable case accommodations in light of the damage done by hurricane ian. the employment and training administration’s office of foreign labor certification (oflc) has published a notice in the federal register announcing draft frequently asked questions (faqs) guidance for the h 2a temporary agricultural program titled, round 17: temporary or seasonal need assessments; relevant information or factors related to h 2a labor contractors (h 2alcs) operating in an area of intended employment (aie) where agricultural production may occur year round. see 87 fr 58374. the draft guidance pertains to the department of labor’s (department) assessment of the nature of an employer’s need for agricultural labor or services during oflc’s review of the form eta 9142a, h 2a application for temporary employment certification. oflc developed this draft guidance, and is publishing it for public comment, consistent with a directive from the secretary of labor for interpretive guidance clarifying how the department assesses an h 2a employer’s need for agricultural labor or services to determine whether the employer has demonstrated a need of a temporary or seasonal nature, as required for h 2a certification. oflc invites written comments from the public on the draft faqs to further inform the development of guidance regarding oflc’s assessment of temporary or seasonal need for the h 2a program. the draft guidance is accessible at the following link: the public may submit written comments on the draft faqs through october 26, 2022. you may comment by using one of the following means: oflc will review all written comments that are timely submitted in the manner specified above, make any changes it determines are appropriate, and will publish final faqs through a future federal register notice and on this website. to keep the public informed regarding the development and modernization of the department of labor (dol) office of foreign labor certification (oflc) efforts to enhance and improve customers experience and security in the permanent labor certification program, oflc was awarded an investment from the technology modernization fund (tmf). for additional information, please see the link to the gsa announcement tmf invests in improving public facing services, bolstering cybersecurity | gsa. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2022) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2021 through june 30, 2022 reporting period of fiscal year 2022. oflc has also released selected program statistics for the third quarter of fiscal year 2022 for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2021 through june 30, 2022. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. to keep the public informed regarding the submission and assignment of h 2b applications for review, the office of foreign labor certification (oflc) published the assignment group(s) for 1,360 h 2b applications covering 29,856 worker positions with a work start date of october 1, 2022. since the number of the h 2b applications received during the three day filing window collectively requested fewer worker positions for certification than the number of visas available under the semi annual visa allotment for the first half of fiscal year 2022, all h 2b applications filed within that time period that requested workers starting october 1, 2022, were randomly given a unique number in accordance with oflc's randomization process and placed into the same group for assignment to analysts for review and processing. the office of foreign labor certification (oflc) received the 2022 commonwealth of northern mariana islands (cnmi) prevailing wage study survey from the governor of the commonwealth of northern mariana islands (cnmi) for the cw 1 program. oflc has approved the 2022 cnmi prevailing wage study survey for 409 occupations and will issue updated cw 1 prevailing wages using this data from july 1, 2022 through june 30, 2023. the updated wage table includes prevailing wage data for a total of 848 occupations. the office of foreign labor certification (oflc) has published the latest prevailing wage data from the occupational employment and wage statistics (oews) as generated by the bureau of labor statistics for the new wage year from july 2022 through june 2023. oflc is implementing the 2018 standard occupational classification (soc) codes starting with this july 2022 through june 2023 wage year, and thereafter. the effective date is july 1, 2022. prevailing wage determinations issued by the national prevailing wage center from that date forward will reflect the new 2018 soc codes. on november 15, 2021, the employment and training administration issued a federal register notice (frn) informing the public that the office of foreign labor certification (oflc) was updating appendix a to the preamble education and training categories by occupational information network (o*net) standard occupational classification (soc) occupations. appendix a is a list of professional occupations that serves as a guide for employers to distinguish between professional and non professional occupations in order to comply with the professional recruitment requirements of the perm program. the frn stated that oflc intends to review bls’s occupational and education data each year to publish a new list of occupations on its website, even when bls data remain the same from the previous year. oflc is releasing this year’s appendix a, implementing the new list of professional occupations, effective july 1, 2022. the office of foreign labor certification (oflc) reminds employers and other interested stakeholders that the three day filing window to submit an h 2b application for temporary employment certification (form eta 9142b and appendices) requesting a work start date of october 1, 2022, will open on july 3, 2022, at 12:00 a.m. eastern time, and close on july 5, 2022, at 11:59 p.m. eastern time. this three day period is the earliest an employer may file an application for october 1, 2022, work start date, which is the first day of the semi annual visa allotment for the first half of fiscal year 2022. employers seeking start dates of october 2, 2022, or later must comply with the timeliness requirements at 20 cfr 655.15(b). in accordance with regulatory requirements and oflc’s standard operating procedures, h 2b applications requesting october 1, 2022, the work start date will be denied if they are filed before july 3, 2022, at 12:00 a.m. eastern time. oflc will randomly order for assignment to analysts for review and processing all h 2b applications requesting a work start date of october 1, 2022, that are filed during the three day filing window (july 3 5, 2022) using the randomization procedures published in the federal register on march 4, 2019. as part of the office of foreign labor certification's (oflc) ongoing efforts to increase public engagement, oflc's national prevailing wage center (npwc) hosted a two hour webinar on the implementation of the 2018 standard occupational classification (soc) system. these materials are now available to view on the prevailing wage information and resources tab located here: https://www.dol.gov/agencies/eta/foreign labor/wages the office of foreign labor certification (oflc) has published a 60 day paperwork reduction act (pra) federal register notice (frn) relating to the application for prevailing wage determination information collection request (icr) (omb control number 1205 0508). oflc is seeking a three year approval of the information collection and related retention requirements associated with the form eta 9141, application for prevailing wage determination; form eta 9141, general instructions; form eta 9141, appendix a, request for additional worksite(s); form eta 9165, employer provided survey attestations to accompany h 2b prevailing wage determination request based on a non oes survey; and form eta 9165, general instructions. the information collection approved under this icr ensures employers provide information about their job opportunities and terms of employment necessary to determine prevailing wages. the frn notifies the public of oflc’s proposed minor revisions to the form eta 9141, form eta 9165, and accompanying instructions, and provides the public the opportunity to comment for 60 days. written comments must be submitted in accordance with the instructions provided in the frn. the deadline to submit comments is august 15, 2022. as part of the office of foreign labor certification's (oflc) ongoing efforts to increase public engagement, oflc's national prevailing wage center (npwc) will host a two hour webinar on the implementation of the 2018 standard occupational classification (soc) system. oflc will begin using the 2018 soc system on july 1, 2022, in place of the 2010 soc system. since september 1999, the soc has been used by the occupational employment and wage statistics program to classify occupational wage information. the soc provides a common language for categorizing occupations, and serves as the framework for information being gathered through the department of labor's occupational information network (o*net). the nwpc will present background, an implementation timeline, and review how the new classification will affect prevailing wage determinations (pwd). this event will be recorded and all materials will be placed on the prevailing wage tab of the oflc’s website for future access. meeting details: tuesday, june 21, 2022: 1:00 pm to 3:00 pm | (utc 04:00) eastern time (us & canada) | 2 hrs join from the meeting link: https://usdol.webex.com/usdol/j.php?mtid=mae0bb38ca3b94fa8441fe78aeb9c58b0 join by meeting number: meeting number (access code): 2764 951 1301 meeting password: pwdsoc2022 tap to join from a mobile device: 1 877 465 7975, us toll free +1 210 795 0506, us toll join by phone: 1 877 465 7975 us toll free 1 210 795 0506 us toll join from a video system or application: dial 27649511301@usdol.webex.com you can also dial 207.182.190.20 and enter your meeting number the u.s. departments of labor and homeland security published a temporary final rule (tfr) increasing the numerical limitation on h 2b nonimmigrant visas for fiscal year (fy) 2022 positions with start dates on or after april 1, 2022, through september 30, 2022. the tfr included additional recruitment requirements for certain employers, including the requirement that where the occupation or industry is traditionally or customarily unionized, “the employer must contact (by mail, email or other effective means) the nearest american federation of labor and congress of industrial organizations [afl cio] office covering the area of intended employment and provide written notice of the job opportunity, by providing a copy of the job order placed pursuant to (a)(5)(i) of this section, and request assistance in recruiting qualified u.s. workers for the job.” 20 cfr § 655.65(a)(5)(iii). as stated in the tfr, examples of such contact include emailing the job order, along with a request for assistance to recruit workers, to the appropriate afl cio office or mailing such materials to the appropriate afl cio office. to aid employers who must conduct this additional recruitment step, one effective means of contacting the nearest afl cio office covering the area of intended employment is to email the job order and request for assistance to: h 2b@aflcio.org or contacting the national afl cio by mail at the following address: afl cio attn: h 2b 815 black lives matter plaza nw washington, dc 20005 these materials will then be distributed to the most appropriate local office serving the area of intended employment for that job opportunity. employers are encouraged to contact the afl cio using the email or mailing address above, though contact directly with the afl cio office covering the area of intended employment is also acceptable. employers are reminded to retain documentation of contact with the afl cio as required under 20 cfr § 655.66. the u.s. departments of labor and homeland security have published a temporary final rule (tfr) increasing the numerical limitation on h 2b nonimmigrant visas to authorize the issuance of no more than 35,000 additional visas for fiscal year (fy) 2022 positions with start dates on or after april 1, 2022 through september 30, 2022, to employers that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the h 2b workers requested under the cap increase. of the 35,000 visas available, up to 23,500 are limited to h 2b returning workers, and up to 11,500 are reserved for nationals of the northern triangle countries (guatemala, el salvador, and honduras) and haiti. the tfr provides additional protections for u.s. workers, flexibility for foreign workers, and additional recruitment requirements for certain employers. in support of this rule, the office of foreign labor certification (oflc) has posted the new form eta 9142 b caa 6 and the accompanying instructions. the tfr requires an employer to attest, among other things, to the fact that it is suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the h 2b workers requested under the cap increase. this attestation must be submitted to the united states citizenship and immigration services along with form i 129, in support of an h 2b application subject to the h 2b cap on or before september 30, 2022. the attestation is available on the forms page of the oflc website at: https://www.dol.gov/agencies/eta/foreign labor/forms. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the second quarter of fiscal year 2022) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2021 through march 31, 2022 reporting period of fiscal year 2022. oflc has also released selected program statistics for the second quarter of fiscal year 2022 for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2021 through march 31, 2022. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. on april 19, the oflc hosted a webinar providing tips and assistance for stakeholders on the process of filing form eta 9141, application for prevailing wage determination, for the permanent and labor condition programs. webinar recordings and presentation materials are available on the program page indicated below. • recording and presentation are located under the “webinars” tab on the prevailing wage information and resources page located here: https://www.dol.gov/agencies/eta/foreign labor/wages the foreign labor application gateway (flag) will implement technical improvements to h 2b filing that will improve the form eta 9142b submission process today. flag will upgrade the h 2b form fill and submit module, which is expected to reduce lag time in completing form fields, document uploads, and appendices. all other flag h 2b functionality will be available to filers in the upgraded fill and submit module. h 2b submissions after 6:00 p.m. est on april 28, 2022, must be initiated and submitted in the new form module. as a result, any initiated h 2b cases submitted prior to 6:00 p.m. est on april 28, 2022, will be deleted and a new application using the upgraded module will need to be created. the office of foreign labor certification invites interested stakeholders to participate in a webinar that provides technical assistance and helpful tips for preparing application for prevailing wage determination (form eta 9141) for the permanent and labor condition application programs, for both occupational employment and wage statistics (oews) and non oews (e.g., survey) prevailing wage requests. this webinar will provide employers, attorneys, and agents) helpful hints and cover some of the most pressing post filing issues employers encounter to complete and submit the form eta 9141. tuesday, april 19, 2022: 1:00 pm | (utc 04:00) eastern time (us & canada) | 2 hrs join from the meeting link: https://usdol.webex.com/usdol/j.php?mtid=md3b091db57f90723beba58ea9e3519ec join by meeting number: meeting number (access code): 2761 956 3529 meeting password: pwdapril2022 tap to join from a mobile device (attendees only): 1 877 465 7975, # us toll free +1 210 795 0506, # us toll join by phone: 1 877 465 7975 us toll free 1 210 795 0506 us toll join from a video system or application: dial 27619563529@usdol.webex.com you can also dial 207.182.190.20 and enter your meeting number the foreign labor application gateway (flag) will implement technical improvements to h 2b filing that will improve the form eta 9142b submission process. flag will upgrade the h 2b form fill and submit module, which is expected to reduce lag time in completing form fields, document uploads, and appendices. all other flag h 2b functionality will be available to filers in the upgraded fill and submit module. h 2b submissions after 6:00 p.m. est on april 28, 2022, must be initiated and submitted in the new form module. as a result, any initiated h 2b cases submitted prior to 6:00 p.m. est on april 28, 2022, will be deleted and a new application using the upgraded module will need to be created. on march 22, the oflc hosted a webinar providing tips and assistance for stakeholders in the cw 1 temporary certification program and, on march 23, for stakeholders interesting in h 2b prevailing wages and surveys. webinar recordings and presentation materials are available at the respective program pages as indicated below. march 22, 2022: cw 1 common issues and filing tips • recording and presentation are located under the “webinar” on the cw 1 program page located here: https://www.dol.gov/agencies/eta/foreign labor/programs/cw 1 march 23, 2022: h 2b prevailing wage determination general filing tips and survey 101 for surveyors • recording and presentation are located under the “webinar” on the prevailing wage information and resources page located here: https://www.dol.gov/agencies/eta/foreign labor/wages as part of the office of foreign labor certification's (oflc) on going efforts to increase public engagement, oflc's national prevailing wage center will host a two hour webinar on wednesday march 23rd, 2022. the first half of the presentation will provide general filing tips and trends for the h 2b prevailing wage determination process. the second half will educate surveyors on h 2b survey concepts. meeting details: march 23rd, 2:00 pm   4:00 pm wednesday, mar 23 2022 (utc 04:00) eastern time (us & canada) join by meeting link: https://usdol.webex.com/usdol/j.php?mtid=m1a39dca607bc5f8ba506c492f4b5876f join by meeting number: 2764 944 2824 password:h2bpwd2022 tap to join from a mobile device (attendees only): 1 877 465 7975, # us toll free +1 210 795 0506, # us toll join by phone: 1 877 465 7975 us toll free 1 210 795 0506 us toll access code: 2764 944 2824 the office of foreign labor certification (oflc) is making this public service announcement to alert employers and other interested stakeholders about the number of temporary labor certifications and worker positions issued for the h 2b program. as of march 1, 2022, oflc has issued 2,785 h 2b temporary labor certifications covering 47,414 worker positions. filers who have received a temporary labor certification may file a petition with the u.s. citizenship and immigration services (uscis). oflc will continue to process h 2b applications, regardless of any h 2b visa cap administered by uscis. the office of foreign labor certification (oflc) is making this public service announcement to alert employers and other interested stakeholders about the number of temporary labor certifications and worker positions issued for the h 2b program. as of march 1, 2022, oflc has issued 2,785 h 2b temporary labor certifications covering 47,414 worker positions. filers who have received a temporary labor certification may file a petition with the u.s. citizenship and immigration services (uscis). oflc will continue to process h 2b applications, regardless of any h 2b visa cap administered by uscis. the office of foreign labor certification invites interested stakeholders to participate in a webinar that provides technical assistance and helpful tips for preparing the cw 1 application for prevailing wage determination (form eta 9141c) and the application for temporary employment certification (form eta 9142c). the webinar will provide technical assistance to employers (and authorized attorneys or agents) on how to complete and submit forms eta 9141c and eta 9142c and cover some of the most pressing post filing issues employers encounter. meeting details: march 22nd, 2022 7:00 pm | (utc 05:00) eastern time (us & canada) | 1 hr / march 23rd, 2022 9:00am | (utc+10:00) chamorro standard time | 1 hr join from the meeting link: https://usdol.webex.com/usdol/j.php?mtid=m139d0b6e2dea354913bbc9b36aabe7e2 join by meeting number: meeting number (access code): 2763 487 7128 meeting password: cw1update tap to join from a mobile device (attendees only): 1 877 465 7975, # us toll free +1 210 795 0506, # us toll join by phone: 1 877 465 7975 us toll free 1 210 795 0506 us toll the employment and training administration has issued a notice in the federal register to announce the annual update to the allowable charges that employers seeking h 2a workers, in occupations other than herding and production of livestock on the range, may charge their workers when the employer provides three meals a day and the maximum travel subsistence meal reimbursement that a worker with receipts may claim under the h 2a and h 2b programs. the notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the first quarter of fiscal year 2022) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2021 through december 31, 2021 reporting period of fiscal year 2022. oflc has also released selected program statistics for the first quarter of fiscal year 2022 for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2021 through december 31, 2021. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. the u.s. departments of labor and homeland security have published a temporary final rule authorizing an increase of up to 20,000 additional h 2b visas for fiscal year 2022 positions with start dates on or before march 31, 2022, for employers that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the h 2b workers requested under the cap increase. the supplemental visas will be limited to h 2b returning workers, with the exception of up to 6,500 visas reserved for h 2b workers who are nationals of the northern triangle countries or haiti. the rule provides additional protections for u.s. workers, flexibility for foreign workers, and additional recruitment requirements for certain employers. in support of this rule, the office of foreign labor certification (oflc) has posted the new form eta 9142 b caa 5 and the accompanying instructions. the temporary rule requires an employer to attest, among others, to the fact that it is suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the h 2b workers requested under the cap increase. this attestation must be submitted to the united states citizenship and immigration services along with form i 129, in support of an h 2b application subject to the h 2b cap before march 31, 2022. the attestation is available on the forms page of the oflc website found at: https://www.dol.gov/agencies/eta/foreign labor/forms. initially launched in december 2018, seasonaljobs.dol.gov is a mobile friendly online portal that leverages the latest technologies to broaden dissemination of available temporary and seasonal job opportunities for which u.s. workers may be interested in applying. staff representing the department’s office of the chief information officer (ocio) will provide interested stakeholders with a technical demonstration of the search features and other functions available on seasonaljobs.dol.gov, describe how often new job listings are posted, and the differences between active and inactive job postings. the ocio staff will also demonstrate how to search and use the website to locate active and inactive job postings, and how to report any technical problems or issues users encounter on the website. the presentation will explain additional features such as where to find and how to use real time “data feeds” available through seasonaljobs.dol.gov and viewing job postings in spanish via microsoft’s translator service. details of the webinar are as follows: thursday, february 3, 2022: 2:00 pm | (utc 05:00) eastern time (us & canada) | 1 hour join from the meeting link: https://usdol.webex.com/usdol/j.php?mtid=m73c15574407909c5c48ba3c0a2b1fafd join by meeting number: meeting number (access code): 2761 407 8618; meeting password: seasonaljobs2021 tap to join from a mobile device (attendees only): 1 877 465 7975 # us toll free; 1 210 795 0506 # us toll join by phone: 1 877 465 7975 us toll free; 1 210 795 0506 us toll join from a video system or application: dial 27614078618@usdol.webex.com you can also dial 207.182.190.20 and enter your meeting number. the employment and training administration (eta) published a 60 day notice in the federal register announcing its proposal to revise the information collection for the office of foreign labor certification’s form eta 9142b, application for temporary employment certification, its accompanying appendices, related forms, and instructions. the federal register notice informs the public of the department of labor’s request for three year approval of the forms and invites comments from the public for 60 days. written comments must be submitted in accordance with the federal register notice instructions. the deadline to submit comments is march 14, 2022. to keep the public informed regarding the submission and assignment of h 2b applications for review, the office of foreign labor certification (oflc) published the assignment group(s) for 7,875 h 2b applications covering 136,555 worker positions with the start date of work of april 1, 2022. following the randomization procedures published in the federal register on march 4, 2019, oflc completed the randomization process on january 4 and assigned to national processing center analysts all h 2b applications placed in assignment group a for issuance of notices of deficiency or acceptance. group a includes enough worker positions to reach the h 2b semi annual visa allotment of 33,000. six additional assignment groups were created for the remaining applications, each of which includes no more than 20,000 worker positions. on january 4, 2022, oflc provided written notice to each employer (and the employer's authorized attorney or agent) informing them about the assignment group for their application(s). the office of foreign labor certification has completed the randomization process to randomly assign all h 2b applications submitted during the initial three day filing window, january 1 3, 2022, requesting an april 1, 2022, work start date for the second half of the fiscal year 2022 h 2b statutory visa cap. oflc received a total of 7,875 h 2b applications requesting 136,555 worker positions during this filing period. oflc will be providing written notification to employers (and the employer's authorized attorney or agent) with their h 2b assignment group. on january 7, 2022, oflc will also publish on its website the list of the h 2b applications assigned to each assignment group. the employment and training administration (eta) has posted a set of frequently asked questions (faqs), related to the wage disclosure and calculation requirements for agricultural clearance orders, including in the h 2a temporary labor certification program. these faqs remind state workforce agencies that they are obligated under the wagner peyser act regulations at 20 cfr 653.501 to check an employer’s piece rate offer, estimated in hourly wage rate equivalents for each activity and unit size, when reviewing the forms eta 790a and 790b (collectively referred to as “agricultural clearance orders”) and to clarify related wage disclosure and calculation requirements of these forms for employers. the office of foreign labor certification (oflc) reminds employers and other interested stakeholders that the filing window to submit an h 2b application for temporary employment certification (form eta 9142b and appendices) requesting work start dates of april 1, 2022, or later, will open on january 1, 2022, at 12:00 a.m. eastern time. following oflc’s standard operating procedures, h 2b applications requesting an april 1, 2022, work start date will be denied if they are filed before january 1, 2022, at 12:00 a.m. eastern time. oflc will randomly order for processing all h 2b applications requesting a work start date of april 1, 2022, that are filed during the initial three calendar days (january 1 3, 2022) using the randomization procedures published in the federal register on march 4, 2019. each day, from january 2, 2022 through january 4, 2022, oflc will publish on the foreign labor application gateway system website the number of h 2b applications it has received to date and the total number of requested worker positions on those applications. the department of labor (department) has published a final rule in the federal register that amends its regulations regarding the adjudication of temporary need for employers seeking herding or production of livestock on the range job opportunities under the h 2a program. consistent with the court approved settlement agreement in hispanic affairs project, et al. v. perez et al., no. 15 cv 1562 (d.d.c.), the department published a notice of proposed rulemaking on may 6, 2021 that proposed to rescind the regulation governing the period of need for such job opportunities to ensure the department’s adjudication of temporary or seasonal need is conducted in the same manner for all applications for temporary agricultural labor certification. the department invited public comment on the proposal until june 7, 2021. after consideration of the public comments received, the department has adopted the proposal as final. for more information, please see the link below. the employment and training administration has published a notice in the federal register announcing the new aewr for occupations involving herding or production of livestock on the range for the h 2a program. the aewr is the minimum wage rate the department of labor has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment, so that the wages of workers in the u.s. similarly employed will not be adversely affected. the notice announces the new national monthly aewr for herding or production of livestock on the range. the employment and training administration has published a notice in the federal register announcing the aewrs for the employment of h 2a workers to perform agricultural labor or services other than the herding or production of livestock on the range. aewrs are the minimum wage rates dol has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment for a particular occupation and area so that the wages and working conditions of similarly employed workers in the united states will not be adversely affected. the notice announces the new hourly aewrs by state, for all agricultural employment (except for occupations involving herding or production of livestock on the range, which is covered by 20 cfr 655.200 235). pursuant to the district court’s orders in united farm workers, et al. v. u.s. dep’t of labor, et al., no. 20 cv 1690 (e.d. cal.), which enjoined the department from implementing the 2020 aewr final rule, adverse effect wage rate methodology for the temporary employment of h 2a nonimmigrants in non range occupations in the united states, 85 fr 70445 (nov. 5, 2020), and ordered the department to operate under the 2010 rule, temporary agricultural employment of h 2a aliens in the united states, 75 fr 6884 (feb. 12, 2010), the new hourly aewrs are set according to the methodology in the 2010 rule and are equal to the annual weighted average hourly wage rate for field and livestock workers (combined) in the state or region as published by the u.s. department of agriculture in the farm labor report. the employment and training administration’s (eta) office of foreign labor certification (oflc) has issued a final rule informing the public that oflc is amending the code of federal regulations (cfr), at 20 cfr 655.731 and 656.40, to remove text added through an interim final rule (ifr), strengthening wage protections for the temporary and permanent employment of certain immigrants and non immigrants in the united states, 85 fr 63872 (oct. 8, 2020). oflc published the ifr with an immediate effective date, bypassing notice and comment, but requested public input during a post promulgation 30 day public comment period. four groups of plaintiffs separately challenged the ifr, and it was subsequently set aside or enjoined by three district courts on procedural grounds. on january 14, 2021, after consideration of public comments, oflc published a final rule (fr) adopting a revised version of the ifr. 86 fr 3608. on june 23, 2021, before the fr took effect, a federal district court entered an order vacating and remanding the fr. in response to the order, the department published this final rule to restore the regulatory text to appear as it did before the ifr’s effective date. on december 7, 2021, the office of foreign labor certification (oflc) conducted a webinar to update stakeholders on the process for filing h 2b applications requesting a work start date of april 1, 2022, or later. this webinar also provided best practices and helpful tips for preparing and submitting h 2b applications for temporary employment certification (form eta 9142b and appendices) using the foreign labor application gateway system. the presentation materials are now available on the h 2b temporary non agriculture program page of the oflc website and at the hyperlink below. important reminder: employers should file only one application for the same job opportunity. with limited exception, under 20 cfr 655.15(f), only one application for temporary employment certification (form eta 9142b and appendices) may be filed for worksite(s) within one area of intended employment for each job opportunity with an employer for each period of employment. oflc will only review and process the application that was filed first, according to its timestamp. if oflc identifies multiple applications that appear to have been filed for the same job opportunity, oflc will consider the first application filed in timestamp order   irrespective of randomization group assignments   as the official application submitted by (or on behalf of) the employer. oflc will issue a notice of deficiency on the first application reviewed (i.e., the application that is randomized closest to the top of the processing order) to require the employer to establish a bona fide need for all potentially duplicative applications. employers that fail to establish a bona fide need for each of the applications will receive a non acceptance denial for each application identified as a duplicate and received after the application that was filed first. employers should make any necessary corrections or amendments to the first application filed. for further information on requesting a correction or amendment of an h 2b application before issuance of a final determination, please refer to h 2b frequently asked questions round 11. the u.s. department of labor has published a notice of proposed rulemaking (nprm) that proposes revisions to the methodology used to determine the adverse effect wage rates (aewrs) for non range agricultural occupations in the h 2a visa program. the aewr determination methodology proposed in the nprm will strike a reasonable balance between the statute’s competing goals of providing employers with an adequate legal supply of agricultural labor and protecting the wages and working conditions of u.s. workers similarly employed. the nprm proposes to determine aewrs using wage data reported by the u.s. department of agriculture’s farm labor survey (fls) and the department’s bureau of labor statistics occupational employment and wage statistics (oews) survey. for the six occupations comprising the field and livestock worker (combined) category within the fls, which constitute the majority of h 2a job opportunities, the nprm proposes to set a single aewr using the annual average hourly wage for field and livestock workers (combined) for the state or region, as determined by the fls. for all other job opportunities, and in circumstances where the fls does not report wage data for the field and livestock worker occupations, the nprm proposes to use oews wage data to set the aewr at the statewide annual average hourly wage for the occupational classification, or the national annual average hourly wage if statewide data is unavailable. november 29, 2021. oflc announces webinar on december 7, 2021, to update stakeholders on the process for filing h 2b applications with a start date of april 1, 2022, or later the office of foreign labor certification (oflc) invites stakeholders to participate in a webinar that provides best practices and helpful tips for preparing h 2b applications for temporary employment certification (form eta 9142b and appendices). the webinar will discuss: details of the webinar are as follows: tuesday, december 7, 2021: 2:00 pm | eastern time (us & canada) | 1 hr join from the meeting link https://usdol.webex.com/usdol/j.php?mtid=m799336e30be63f0c7567f2d5bd7ef01a join by meeting number meeting number (access code): 2760 511 6481; meeting password: h2bpeak tap to join from a mobile device (attendees only) 1 877 465 7975, # us toll free; 1 210 795 0506, # us toll join by phone 1 877 465 7975 us toll free; 1 210 795 0506 us toll please note: webinars are limited to 1,000 participants on november 24, 2021, the united states department of agriculture (usda) issued the farm labor survey (fls) report in which it established the average annual wage rates, by region and the united states, for field and livestock workers. the department of labor (department) relies on the average annual combined hourly wage for field and livestock workers in order to establish the adverse effect wage rates (aewr) in the h 2a program. the aewrs are the minimum hourly wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment, so that the wages of workers similarly employed in the united states will not be adversely affected. the department is reviewing the usda fls average annual wage rates for 2022 and will soon publish a notice in the federal register announcing new aewrs for each state. to obtain more information on the national agricultural statistic service (nass) surveys and reports, please call the nass agricultural statistics hotline at (800) 727 9540, 7:30 a.m. est to 4:00 p.m. est, or email nass@usda.gov. initially launched in december 2018, seasonaljobs.dol.gov is a mobile friendly online portal that leverages the latest technologies to broaden dissemination of available temporary and seasonal job opportunities for which u.s. workers may be interested in applying. on november 19, 2021, oflc implemented several enhancements designed to improve customer service and broaden u.s. worker access to available job opportunities. first, seasonaljobs.dol.gov now makes information about h 2a and h 2b job opportunities more accessible to u.s. workers with limited english proficiency by offering a spanish translation of both the website content and specific terms and conditions of the job opportunity. second, to facilitate broader dissemination of available job opportunities, oflc has significantly expanded the amount of job information available to any third party (e.g., job search websites) through data feeds, which can be extracted daily and indexed for further advertising to u.s. workers. and finally, a new customer feedback feature is available that allows any person visiting the website to quickly report a defect or offer an idea or suggestion for improving the functional capabilities of the website. to learn more about these new enhancements, please visit seasonaljobs.dol.gov. the employment and training administration issued a federal register notice informing the public that the office of foreign labor certification (oflc) is updating appendix a to the preamble education and training categories by occupational information network (o*net) standard occupational classification (soc) occupations. appendix a is a list of professional occupations that serves as a guide for employers to distinguish between professional and non professional occupations in order to comply with the professional recruitment requirements of the perm program. the frn notifies the public that the list of occupations in appendix a will be updated based on bls’s current occupational and corresponding education data. in particular, oflc will publish the updated list of occupations on its website, and intends to review bls data each year to publish a new list of occupations on its website, even when bls data remain the same from the previous year. in addition, this frn announces procedures oflc will apply in situations where o*net job zone data are not yet available as o*net transitions to the 2018 soc occupations. the department of labor (department or dol) continues to recognize that obtaining a reliable workforce is crucial to meeting the temporary or seasonal labor needs of american businesses. the department also recognizes how important it is to help americans get back to work. we are committed to building a modern, inclusive workforce   ensuring all workers have good jobs, fair wages and working conditions, and opportunities for advancement. the immigration and nationality act (ina) sets the cap on the annual number of non citizens who may be issued h 2b visas or otherwise provided h 2b nonimmigrant status to perform temporary non agricultural work at 66,000, to be distributed semi annually beginning in october and april (h 2b cap). the department of homeland security’s (dhs) united states citizenship and immigration services (uscis) has the statutory responsibility for determining whether the h 2b cap has been reached in each semi annual period based on the number of h 2b petitions it receives. on october 12, 2021, uscis announced that on september 30, 2021 it had reached the congressionally mandated cap for h 2b visas for temporary nonagricultural workers for the first half of the fy 2022. except where the h 2b petition qualifies for an exemption from the statutory visa cap, uscis is currently rejecting new cap subject petitions received after september 30, 2021 that request an employment start date before april 1, 2022. while the 33,000 h 2b cap for the first half of fy 2022 has been reached, we encourage every employer seeking workers to visit the almost 2,400 american job centers (ajc) nationwide to find and hire talented workers, as well as to train and retain qualified workers. additionally, the department recognizes the incredible value of our nation’s veterans and encourages tapping into their skills and talents. there are veteran employment representatives in every ajc across the country who can assist businesses and veterans with their employment needs. you may also consider working with the department’s veterans’ employment and training service to facilitate recruitment efforts in the veteran community. again, we understand the importance of this issue to both workers and employers. in recent years, congress has enacted a series of public laws that provided the secretary of homeland security with time limited, discretionary authority to increase the h 2b cap beyond the number set forth in the ina after consultation with the secretary of labor. the department will continue working collaboratively with our partners at dhs in an ongoing effort to ensure effective operation of the h 2b program. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the fourth quarter of fiscal year 2021) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2020, through september 30, 2021, reporting period of fiscal year 2021. oflc has also released selected program statistics for the fourth quarter of fiscal year 2021 for the perm, h 1b, h 1b1, e 3, h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2020, through september 30, 2021. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. the office of foreign labor certification has posted a set of frequently asked questions (faqs), round 15, related to h 2a labor contractor filing requirements in the h 2a temporary labor certification program. these faqs address questions related to obtaining a farm labor contractor and/or farm labor contractor employee certificate of registration from the department’s wage and hour division as well as submitting evidence to the certifying officer of authorization to perform all farm labor contracting activities that will be done under the h 2a application for temporary employment certification. please click here for guidance regarding reasonable case accommodations in light of the damage done by hurricane ida. as part of the department's technology modernization initiative, the flag system was implemented to improve customer service and modernize the administration of foreign labor certification programs. on august 16, 2021, the office of foreign labor certification (oflc) released several important enhancements to the flag system that improves accessibility to oflc case decisions, reduces the burden associated with completing requests for prevailing wage determinations, and enhances a system user’s ability to manage their requests for labor certification. specifically, the flag system features a new “notification center” within the user account that provides real time access to oflc decisions, and permits users to quickly upload responses and view documents associated with the labor certification application. additionally, users have an ability to “reuse” a previously filed form eta 9141, application for prevailing wage determination, which will save the employer significant time and burden by pre populating key sections of the previous application into a new request. finally, flag system account users will have new options for re assigning cases among other authorized users within their account network in order to better manage the labor certification applications under oflc review. more detailed information explaining these updates can be found on the flag site including user guides and a video. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2021) drawn from employer applications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. please note: oflc recently implemented the revised form eta 9141, as a result there will be two distinct pw disclosure data files along with two distinct worksites files. these files will each have their own record layout documents. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2020, through june 30, 2021, reporting period of fiscal year 2021. oflc has also released selected program statistics for the third quarter of fiscal year 2021 for the perm, h 1b, h 1b1, e 3, h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2020, through june 30, 2021, reporting period of fy 2021. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. the employment and training administration issued a federal register notice informing the public that the office of foreign labor certification’s (oflc) mailing address for its atlanta national processing center (anpc) will be changing beginning august 25, 2021, with the exception of mail associated with the processing of applications requesting permanent labor certification subject to supervised recruitment. effective august 25, 2021, any mail, including u.s. postal service and other courier mail or parcel delivery packages, etc., sent to anpc must be submitted to the following new mailing address: u.s. department of labor, employment and training administration, office of foreign labor certification, 200 constitution avenue, nw, room n 5311, washington, dc 20210. the one exception is mail associated with supervised recruitment under 20 cfr 656.21, which must continue to be submitted to: u.s. department of labor, employment and training administration, office of foreign labor certification, atlanta national processing center, attn: supervised recruitment, p.o. box 56625, atlanta, ga 30343. employers are reminded to adhere to regulatory requirements at 20 cfr 656.10(d), including providing anpc’s correct new mailing address, specified above, on the notice of filing (nof) that must be posted when employers file a form eta 9089, application for permanent employment certification. if the required 10 day posting period for a nof commences after september 5, 2021, employers must include the new mailing address contained in the notice. 20 cfr 656.10(d)(3)(iii). the office of foreign labor certification (oflc) has released round 3 of frequently asked questions (faqs) from the national prevailing wage center (npwc) to respond to inquiries from the april 27, 2021, webinar on implementing the revised form eta 9141. the revised form eta 9141 provides a separate section to be completed by employers who accept alternative job requirements in addition to the minimum job requirements. the new alternative job requirements section: (1) improves npwc’s ability to ensure that prevailing wages provided to employers and listed on the form eta 9089 do not adversely affect u.s. workers and support a valid labor market test in instances where the alternative requirements would result in a higher wage; and (2) reduces employers’ burden of completing a separate form eta 9141 for each set of requirements. to keep the public informed regarding the submission and assignment of h 2b applications for review, the office of foreign labor certification (oflc) published the assignment group(s) for 873 h 2b applications covering 21,116 worker positions with a work start date of october 1, 2021. since the number of the h 2b applications received during the three day filing window collectively requested fewer worker positions for certification than the number of visas available under the semi annual visa allotment for the first half of fiscal year 2022, all h 2b applications filed within that time period that requested workers starting october 1, 2021, were randomly given a unique number in accordance with oflc's randomization process and placed into the same group for assignment to analysts for review and processing. the office of foreign labor certification (oflc) completed the randomization process to randomly assign to analysts for review and processing all h 2b applications submitted during the three day filing window, july 3 5, 2021, requesting an october 1, 2021, work start date. during this filing period, oflc received a total of 873 h 2b applications requesting 21,116 worker positions for work beginning on october 1, 2021. oflc will be providing written notification to employers (and, if applicable, the employer's authorized attorney or agent) with their h 2b assignment group. on july 9, 2021, oflc will also publish the list of the h 2b applications assigned to each assignment group on its website.​ during the three day filing window (july 3 5, 2021) of the h 2b peak filing season, employers filed 873 applications in the flag system requesting more than 21,116 worker positions with an october 1, 2021, work start date. on july 6, 2021, the office of foreign labor certification (oflc) plans to randomly order all applications requesting a work start date of october 1, 2021, that were submitted during the three day filing window. oflc will use the randomization procedures published in the federal register on march 4, 2019, to randomize the applications for assignment to analysts for review and processing.​ on december 23, 2020, the u.s. district court for the eastern district of california issued an order in united farm workers, et al. v. dol, et al., no. 20 cv 01690, enjoining the department of labor (department or dol) from implementing its final rule, adverse effect wage rate methodology (aewr) for the temporary employment of h 2a nonimmigrants in non range occupations in the united states, 85 fr 70445 (nov. 5, 2020), and ordering the department to operate under the 2010 rule, temporary agricultural employment of h 2a aliens in the united states, 75 fr 6884 (feb. 12, 2010). on january 15, 2021, in compliance with an order issued by the court on january 12, the department notified state workforce agencies (swas), employers, and the general public that all h 2a job orders filed on or after december 21, 2020, in accordance with 20 cfr 655.121  including job orders filed concurrently with an application for temporary employment certification with the oflc national processing center for emergency situations under 20 cfr 655.134  were required to use the 2020 aewrs in effect on december 20, 2020, until the publication of the 2021 aewrs in the federal register. consistent with the court’s january 12, 2021 order, the department further notified all swas, employers, and the general public that employers submitting job orders and applications between december 21, 2020, and publication of the final 2021 aewrs may be required to pay the wage differential between the 2020 and 2021 aewrs. additionally, the department reminded employers of their regulatory obligation to maintain accurate and adequate earnings records (see 20 cfr 655.122(j)), including the names and permanent home addresses of all h 2a workers, and make reasonable efforts to ensure that such information for each worker remains current. on february 23, 2021, the department published the 2021 aewrs as a notice in the federal register with an immediate effective date (86 fr 10996). on may 14, 2021, the court issued an order requiring h 2a employers that submitted job orders and applications between december 21, 2020, and february 23, 2021, to pay the wage differential between the 2020 and 2021 aewrs to all h 2a workers and u.s. workers in corresponding employment for work performed between january 15, 2021, and february 23, 2021. on june 11, 2021, the court issued an amended order clarifying that the obligation to pay the wage differential applies to all employers that filed either a job order or an application between december 21, 2020, and february 23, 2021. the court directed the department to provide notice of its order to all swas, employers, and the general public. accordingly, the department provides the following notice: finally, consistent with the amended order, all h 2a employers covered by the court’s order must certify compliance with the wage adjustment requirement to dol by taking the following steps: step 1 prepare a statement of compliance, signed and dated by the employer, certifying that the required wage adjustment payments were made to all qualifying h 2a workers and workers in corresponding employment on or before saturday, september 4, 2021. the statement must include the dol h 2a case number; number of h 2a workers issued the required wage adjustment; number of u.s. workers in corresponding employment issued the required wage adjustment; and the date(s) on which the required wage adjustments were made to the workers. step 2 send a copy of the signed and dated statement of compliance to oflc using the following email address: h 2a.backpaycerts.2021@dol.gov step 3 retain the original signed and dated statement of compliance and a copy of the receipt confirmation email received from oflc. important note: h 2a employers must review the equitable restitution obligation specified in the court’s order and determine whether h 2a workers or workers in corresponding employment actually performed any work from january 15, 2021, to february 23, 2021, and received an hourly wage below the geographically applicable 2021 aewr. to assist h 2a employers in determining whether they may be covered by the court’s order, dol has sought to identify all h 2a applications granted temporary labor certification in a non range occupation where either the form eta 790/790a or form eta 9142a was submitted between december 21, 2020, and february 23, 2021, and the certified period of work included at least one (1) calendar day from january 15, 2021, to february 23, 2021. to see the list of potentially covered h 2a employers, click here. the office of foreign labor certification (oflc) received the 2021 commonwealth of northern mariana islands (cnmi) prevailing wage study survey from the governor of the commonwealth of northern mariana islands (cnmi) for the cw 1 program. oflc has approved the 2021 cnmi prevailing wage study survey for 373 occupations and will issue updated cw 1 prevailing wages using this data from july 1, 2021, through june 30, 2022. the updated wage table includes prevailing wage data for a total of 820 occupations. on june 23, 2021, the u.s. district court for the northern district of california issued an order in chamber of commerce, et al. v. dhs, et al., no. 20 cv 7331, vacating the final rule, strengthening wage protections for the temporary and permanent employment of certain aliens in the united states, 86 fr 3608 (jan. 14, 2021), and remanding the matter back to the u.s. department of labor (the department). the department published the final rule on january 14, 2021, following district court orders that set aside an october 8, 2020 interim final rule (ifr) (85 fr 63872). the final rule amended the department’s regulations governing the prevailing wages for employment opportunities that u.s. employers seek to fill with foreign workers on a permanent or temporary basis under the perm, h 1b, h 1b1, or e 3 visa programs. the department has twice delayed the effective date of the final rule (86 fr 13995; 86 fr 26164). in light of these delays and now the june 23, 2021 order vacating the final rule, the operative version of the regulations at 20 cfr 656.40 and 20 cfr 655.731 continues to be the version in place on october 7, 2020, prior to the publication of the ifr. the office of foreign labor certification (oflc) has published the latest prevailing wage data from the occupational employment and wage statistics (oews) as generated by the bureau of labor statistics (bls) for july 2021 through june 2022. oflc intends to delay implementing the 2018 standard occupational classification (soc) codes until july 2022. oflc will continue using the 2010 soc during the july 2021 through june 2022 wage year and will apply the oews 2019 hybrid structure wage estimates generated by bls for the 2010 soc occupations. bls has announced that it will solely use the 2018 soc in spring 2022 when it publishes the may 2021 oews estimates. currently, o*net is still undergoing data collection, and there are several 2018 soc occupations that lack data for certain occupational norms, such as job zone information. for these reasons, oflc plans to delay implementation of 2018 soc until the july 2022 wage year. oflc is rescinding in full round 2 of national prevailing wage and helpdesk center frequently asked questions, published on june 23, 2020, because these questions pertained to the july 2020 through june 2021 wage year that has already passed. lastly, oflc is providing technical release notes, which explain how oflc will continue to apply the oews 2019 hybrid structure to the 2010 soc occupations for the july 2021 through june 2022 wage year. the office of foreign labor certification (oflc) reminds employers and other interested stakeholders that the three day filing window to submit an h 2b application for temporary employment certification (form eta 9142b and appendices) requesting a work start date of october 1, 2021, will open on july 3, 2021, at 12:00 a.m. eastern time, and close on july 5, 2021, at 11:59 p.m. eastern time. this three day period is the earliest an employer may file an application for an october 1, 2021, work start date, which is the first day of the semi annual visa allotment for the first half of fiscal year 2022. employers seeking start dates of october 2, 2021, or later must comply with the timeliness requirements at 20 cfr 655.15(b). in accordance with regulatory requirements and oflc’s standard operating procedures, h 2b applications requesting an october 1, 2021, work start date will be denied if they are filed before july 3, 2021, at 12:00 a.m. eastern time. oflc will randomly order for assignment to analysts for review and processing all h 2b applications requesting a work start date of october 1, 2021, that are filed during the three day filing window (july 3 5, 2021) using the randomization procedures published in the federal register on march 4, 2019. the u.s. departments of labor and homeland security have published a temporary rule increasing the numerical limitation on h 2b nonimmigrant visas to authorize the issuance of no more than 22,000 additional visas through the end of the second half of fiscal year (fy) 2021 to employers likely to suffer irreparable harm. the fy 2021 allocation of 22,000 visas consists of up to 16,000 visas for returning workers and up to 6,000 visas for nationals of guatemala, el salvador, and honduras. the rule provides additional protections for u.s. workers, flexibility for foreign workers, and additional recruitment requirements for certain employers. in support of this rule, the office of foreign labor certification (oflc) has posted the new form eta 9142 b caa 4 and the accompanying instructions. the temporary rule requires an employer to attest, among others, to the fact that it will likely suffer irreparable harm if it cannot employ the requested h 2b workers. this attestation must be submitted to the united states citizenship and immigration services along with form i 129, in support of an h 2b application subject to the h 2b cap before the end of fy 2021. the attestation is also available on the forms page of the oflc website found at: www.dol.gov/agencies/eta/foreign labor/forms. the employment and training administration (eta) published a 60 day notice in the federal register announcing its intent to revise this information collection, by amending the form eta 9141c, application for prevailing wage determination, and its instructions, to make sure this form, which is specific to the cw 1 program, conforms to the information collected through the general form eta 9141, application for prevailing wage determination (form eta 9141c), which is generally used by employers in connection with prevailing wage requests for other labor certification application programs and for labor condition applications. the information collected through the form eta 9142c, cw 1 application for temporary employment certification (form eta 9142c), and its instructions, remain unchanged. the federal register notice informs the public of the department’s request to seek an extension of the validity of this information collection while also revising the form 9141c, and its instructions, and invites comments from the public for 60 days. written comments must be submitted in accordance with the federal register notice instructions. the deadline to submit comments is monday, july 19. the department of labor (department) has published a final rule delaying the effective date of the final rule, strengthening wage protections for the temporary and permanent employment of certain aliens in the united states, published on january 14, 2021, 86 fr 3608, for a period of eighteen months. this action, which includes corresponding delays to the final rule’s transition dates, follows an initial 60 day delay announced on march 12, 2021. the department’s request for information issued last month will inform further action on the final rule and/or the development of a future notice of proposed rulemaking to revise the computation of prevailing wage levels in these programs. the department of labor published a notice of proposed rulemaking (nprm) in the federal register that proposes to amend its regulations regarding the adjudication of temporary need for employers seeking herding or production of livestock on the range job opportunities under the h 2a program. consistent with the court approved settlement agreement in hispanic affairs project, et al. v. perez et al., no. 15 cv 1562 (d.d.c.), the nprm proposes to rescind the regulation that governs the period of need for such job opportunities to ensure the department’s adjudication of temporary or seasonal need is conducted in the same manner for all applications for temporary agricultural labor certification. public comments on the proposal must be received by monday, june 7, 2021. for more information, please see the link below. the office of foreign labor certification (oflc) will implement the new form eta 9141, application for prevailing wage determination, beginning may 3, 2021. as a result, any initiated cases not submitted prior to 6:00 a.m. est on may 3, 2021 will be deleted and a new application using the revised form eta 9141 will need to be created. for more information, please refer to our original announcement on april 2, 2021. oflc is providing advance copy of the form eta 9141 documents that will go live on may 3, so that our stakeholders can familiarize themselves with the revised forms: on april 27, 2021, the office of foreign labor certification (oflc) conducted a webinar to provide an overview on how to complete the revised form eta 9141, application for prevailing wage determination, in oflc’s foreign labor application gateway case management system. the presentation materials and a recording of the webinar are now available at the hyperlinks below. the employment and training administration (eta) published a 60 day notice in the federal register announcing its intent to extend the office of foreign labor certification’s labor condition application (lca) forms and the wage and hour division’s wh 4 complaint form for three years. the department proposes an extension of the lca and wh 4 complaint forms, without changes. the information collection request includes the lca forms eta 9035, eta 9035e (electronic), eta 9035 & 9035e appendix a, eta 9035cp instructions, and the wh 4 complaint form. the federal register notice informs the public of the department’s three year extension request for the forms and invites comments from the public for 60 days. written comments must be submitted in accordance with the federal register notice instructions. the deadline to submit comments is monday, june 28. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the second quarter of fiscal year 2021) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2020, through march 31, 2021, reporting period of fiscal year 2021. oflc has also released selected program statistics for the second quarter of fiscal year 2021 for the perm, h 1b, h 1b1, e 3, h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2020, through march 31, 2021, reporting period of fy 2021. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. the department of labor (department) is seeking information on the best available sources of data and methodologies that can be used in computing different levels of wages based on the occupational employment statistics (oes) wage survey administered by the bureau of labor statistics (bls), commensurate with experience, education, and level of supervision for a specific occupation and geographic area. the information received in response to this request for information (rfi) will inform and be considered by the department as it reviews the final rule, strengthening wage protections for the temporary and permanent employment of certain aliens in the united states, which may result in the development of a future notice of proposed rulemaking to revise the computation of prevailing wage levels in a manner that more effectively ensures the employment of certain immigrant and nonimmigrant workers does not adversely affect the wages of u.s. workers similarly employed. the department invites the submissions of comments, information, data, and supporting materials based on the questions provided in the rfi for a period of 60 days. all comments must be received on or before june 1, 2021. the office of management and budget approved the office of foreign labor certification’s (oflc) revisions to the form eta 9141, corresponding appendix, and instructions. the revisions will better align information collection requirements with the department’s regulations, provide greater clarity to employers on regulatory requirements, and standardize and streamline information collection to reduce employer time preparing applications. they will also promote greater efficiency and transparency in oflc’s review and issuance of prevailing wage determinations. this new form must be used for all new prevailing wage applications beginning may 3, 2021. transition schedule for submitting prevailing wage application forms the office of foreign labor certification (oflc) invites interested stakeholders to participate in a webinar that provides an overview of updates to form eta 9141, application for prevailing wage determination. the webinar will: date and start time: tuesday, april 27, 2021 2:00 pm eastern time (us & canada) (utc 04:00) | 2 hrs. join from the meeting link https://usdol.webex.com/usdol/j.php?mtid=mdecd014fcb2a1d00e8ae503dca9890d4 join by meeting number meeting number (access code): 199 919 9129 meeting password: oflcnew9141 to join from a mobile device (attendees only) 1 877 465 7975,,1999199129## us toll free +1 210 795 0506,,1999199129## us toll join by phone 1 877 465 7975 us toll free 1 210 795 0506 us toll join from a video system or application dial 1999199129@usdol.webex.com you can also dial 207.182.190.20 and enter the meeting number listed above. join using microsoft lync or microsoft skype for business dial 1999199129.usdol@lync.webex.com please note: webinars are limited to 1,000 participants. the department of labor (department) issued a federal register notice proposing to further delay the effective date of the final rule, strengthening wage protections for the temporary and permanent employment of certain aliens in the united states, for a period of eighteen months or until november 14, 2022. the department has also proposed corresponding delays to the rule’s transition dates. the department invites public comment on the proposed delay on or before april 21, 2021. the department of labor recognizes that obtaining a reliable workforce is crucial to meeting the labor needs of american businesses. we also recognize how important it is to put americans back to work. on dec. 27, 2020, the consolidated appropriations act, 2021, was signed into law. this act authorizes the secretary of homeland security, after consultation with the secretary of labor, to increase the number of h 2b visas available to u.s. employers in fiscal year (fy) 2021 if american businesses’ needs cannot be met with qualified, willing, and able u.s. workers. the department of labor will help inform the department of homeland security’s decision whether to increase the number of h 2b visas available during fy 2021. while the current cap for h 2b visas has been met for fy 2021, we encourage every employer seeking workers to visit the almost 2,400 american job centers (ajc) nationwide to find and hire talented workers, as well as to train and retain qualified workers. additionally, the department recognizes the incredible value of our nation’s veterans and encourages tapping into their skills and talents. there are veteran employment representatives in every ajc across the country who can assist businesses and veterans with their employment needs. you may also consider working with the department’s veterans employment and training service to facilitate recruitment efforts in the veteran community. we understand the importance of this issue to both american workers and american employers. we will continue working collaboratively with our partners at dhs in an ongoing effort to ensure effective operation of the h 2b program. on march 17, 2021, the office of foreign labor certification (oflc) conducted a webinar to provide an overview on common issues the chicago national processing center has identified with cw 1 applications for temporary employment certification and offer filing tips that can minimize the common application errors. the presentation materials are now available at the hyperlink below. the department of labor (dol) has published a final rule delaying the effective date of the final rule, strengthening wage protections for the temporary and permanent employment of certain aliens in the united states, published on january 14, 2021, 86 fr 3608, for a period of 60 days. the department has delayed the effective date of the final rule until may 14, 2021, in accordance with the presidential directive as expressed in the memorandum of january 20, 2021, from the assistant to the president and chief of staff, entitled “regulatory freeze pending review.” this delay allows agency officials the opportunity to review any questions of fact, law, or policy. the employment and training administration has issued a notice in the federal register to announce the annual update to the allowable charges that employers seeking h 2a workers, in occupations other than herding and production of livestock on the range, may charge their workers when the employer provides three meals a day and the maximum travel subsistence meal reimbursement that a worker with receipts may claim under the h 2a and h 2b programs. the notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence. please click here for guidance regarding reasonable case accommodations in light of the damage done by severe weather in texas and oklahoma. the office of foreign labor certification (oflc) is making this public service announcement to alert employers and other interested stakeholders about the number of temporary labor certifications and worker positions issued for the h 2b program. as of march 1, 2021, oflc has issued 3,598 h 2b temporary labor certifications covering 65,832 worker positions. filers who have received a temporary labor certification may file a petition with the u.s. citizenship and immigration services (uscis). oflc will continue to process h 2b applications, regardless of any h 2b visa cap administered by uscis. the office of foreign labor certification (oflc) invites interested stakeholders to participate in a webinar that provides technical assistance and helpful tips for preparing the cw 1 application for prevailing wage determination (form eta 9141c) and the application for temporary employment certification (form eta 9142c). the webinar will provide technical assistance to employers (and authorized attorneys or agents) on how to complete and submit forms eta 9141c and eta 9142c and cover some of the most pressing post filing issues employers encounter. date and start time: thursday, march 18, 2021 at 9:00 am chamorro standard time (gmt+10); wednesday, march 17, 2021 at 6:00 pm eastern time (us & canada) | 1 hour 30 minutes webex link: https://usdol.webex.com/usdol/j.php?mtid=m64298869e6b7946a2bb0d2b0cc1ffd86 join by meeting number meeting number (access code): 199 186 1661 meeting password: cnmioutreach tap to join from a mobile device (attendees only) 1 877 465 7975, 1991861661## us toll free +1 210 795 0506, 1991861661## us toll join by phone 1 877 465 7975 us toll free 1 210 795 0506 us toll global call in numbers | toll free calling restrictions join from a video system or application dial 1991861661@usdol.webex.com you can also dial 207.182.190.20 and enter your meeting number. please note: webinars are limited to 1,000 participants. the department of labor (dol) has published a notice in the federal register announcing updates of the aewrs for the employment of h 2a workers to perform agricultural labor or services other than the herding or production of livestock on the range. these rates are effective immediately pursuant to a recent federal court order. supplemental order regarding preliminary injunctive relief, united farm workers, et al. v. u.s. dep’t of labor, et al., no. 20 cv 1690 (e.d. cal. jan. 12, 2021), ecf no. 39. aewrs are the minimum wage rates dol has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment for a particular occupation and area so that the wages and working conditions of similarly employed workers in the united states will not be adversely affected. the notice announces the new hourly aewrs, by state, for all agricultural employment (except for the herding or production of livestock on the range, which is covered by 20 cfr 655.200 235). pursuant to the district court’s orders in united farm workers, et al. v. u.s. dep’t of labor, et al., no. 20 cv 1690 (e.d. cal.), which enjoined the department from implementing the 2020 aewr final rule, adverse effect wage rate methodology for the temporary employment of h 2a nonimmigrants in non range occupations in the united states, 85 fr 70445 (nov. 5, 2020), and ordered the department to operate under the 2010 rule, temporary agricultural employment of h 2a aliens in the united states, 75 fr 6884 (feb. 12, 2010), the new hourly aewrs are equal to the annual weighted average hourly wage rate for field and livestock workers (combined) in the state or region as published by the u.s. department of agriculture in the 2020 farm labor report on february 11, 2021 and are effective immediately. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2020, through december 31, 2020, reporting period of fy 2021. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the fourth quarter of fiscal year 2020) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2020, through december 31, 2020, reporting period of fiscal year 2021. oflc has also released selected program statistics for the first quarter of fiscal year 2021 for the perm, h 1b, h 1b1, e 3, h 2a, h 2b, cw 1, and prevailing wage programs. the department of labor issued a federal register notice proposing a 60 day delay of the effective date of the final rule, strengthening wage protections for the temporary and permanent employment of certain aliens in the united states from march 15, 2021 until may 14, 2021. on january 20, 2021, ronald a. klain, assistant to the president and chief of staff, issued a memorandum titled “regulatory freeze pending review” that directed federal agencies to consider postponing the effective date of any rules published in the federal register but not yet taken effect to allow the new administration to review “any questions of fact, law, and policy” raised by the rule. eta seeks comment on the proposed delay, including the proposed delay’s impact on any legal, factual, or policy issues raised by the underlying rule and whether further review of those issues warrants such a delay. all other comments on the underlying rule will be considered to be outside the scope of this rulemaking. written comments must be received by february 16, 2021. for more information, please see the link below. on january 20, 2021, the u.s. district court for the district of columbia in purdue university, et al. v. scalia, et al. (no. 20 cv 3006) and stellar it, inc., et al. v. scalia, et al. (no. 20 cv 3175) issued a modified order governing the manner and schedule in which the office of foreign labor certification (oflc) will reissue certain prevailing wage determinations (pwds) that were issued from october 8, 2020 through december 4, 2020, under the wage methodology for the interim final rule (ifr), strengthening wage protections for the temporary and permanent employment of certain aliens in the united states, 85 fr 63872 (oct. 8, 2020), and at the request of employers under the h 1b, h 1b1, and e 3 temporary programs and perm labor certification program. the department is taking necessary steps to comply with the modified order issued by the district court. accordingly, oflc will be reissuing certain pwds issued under the department’s ifr in two phases. employers that have already submitted a request in response to the december 3, 2020 announcement posted by oflc have been issued a pwd and do not need to resubmit a second request for reissuance or take other additional action. phase i: high priority pwds within 15 working days of receiving the requested list of named purdue plaintiffs and associational purdue plaintiffs from plaintiffs’ counsel, oflc will reissue all pwds that have not yet been used in the filing of a labor condition application (lca) or perm application as of january 20, 2021, and that fall into one or more of the following categories: oflc will individually email each requestor’s point of contact identified on the form eta 9141, application for prevailing wage determination, who received a pwd under the ifr and who falls into one or more of the four categories described above to provide notice that oflc will reissue the applicable pwd automatically. once completed, oflc will email the requestor’s point of contact a copy of the reissued pwd. finally, to provide the general public with transparency on the department’s commitment, oflc will make publicly available on the foreign labor application gateway (flag) system website, at https://flag.dol.gov/, a list of all pwds that are eligible for phase i with weekly updates identifying the date on which oflc reissued the applicable pwd. phase ii: emergency situations no later than march 2, 2021, oflc will reissue pwds for all the requests received under phase ii as described below. for employers with pwds issued under the ifr that are not eligible for phase i, the department is extending the deadline to request reissuance of a pwd from january 4, 2021, to february 8, 2021, only for employers attesting that they have an emergency situation necessitating reissuance of a pwd. an emergency situation includes the following circumstances: oflc will individually email each requestor’s point of contact identified on the form eta 9141 who received a pwd under the ifr and not yet requested a reissuance to alert them to the extended opportunity to request reissuance of a pwd no later than february 8, 2021. pwds that oflc has already reissued or those oflc determined were used in connection with the filing of a lca or perm application will not receive these emails, as such pwds are not eligible for reissuance. employers with emergency situations must affirmatively request reissuance of a pwd by accessing the redetermination function in their flag system account or contacting the national prevailing wage center (npwc) by email at flc.pwd@dol.gov, and including the words “ifr request for emergency review” followed by the full case number on the form eta 9141 in the subject line of the email. no documentation supporting the request based on an emergency situation is needed. however, a statement from the employer or requestor’s point of contact attesting to an emergency situation is required. finally, to provide the general public with transparency on the department’s commitment, oflc will make publicly available on the flag system website, at https://flag.dol.gov/, an aggregate report, updated weekly, identifying the total reissuance requests received, total pwds pending reissuance, and total pwds reissued. additional notes: to download and print a pdf copy of this announcement, please click here. on january 15, 2021, the u.s. department of labor (department) announced and posted on the office of foreign labor certification’s website a forthcoming final rule, temporary agricultural employment of h 2a nonimmigrants in the united states (rin 1205 ab89), pending publication in the federal register with a 30 day delayed effective date. on january 20, 2021, the department withdrew this document from the office of the federal register prior to its publication for the purpose of reviewing issues of law, fact, and policy raised by the rule, and therefore it will not take effect. the department will notify the public of any further actions as appropriate once it completes its review. on january 15, 2021, the u.s. department of labor (department) issued an office of foreign labor certification h 1b program bulletin and a wage and hour division field assistance bulletin (fab) revising its interpretation of its regulations concerning which employers of h 1b workers must file labor condition applications. the department simultaneously submitted a notice for publication in the federal register announcing and requesting public comments on this interpretation. on january 20, 2021, the department withdrew its notice from the office of the federal register prior to its publication, and is now withdrawing the bulletin and fab for the purpose of considering the process for issuing this interpretation as well as reviewing related issues of law, fact, and policy. accordingly, the requirements of the bulletin and fab are no longer in effect. the department will notify the public of any further actions as appropriate once it completes its review. on december 23, 2020, the u.s. district court for the eastern district of california issued an order in united farm workers, et al. v. dol, et al., no. 20 cv 01690, enjoining the department of labor (department) from implementing its final rule, adverse effect wage rate methodology for the temporary employment of h 2a nonimmigrants in non range occupations in the united states, 85 fr 70445 (nov. 5, 2020), and ordering the department to operate under the 2010 rule, temporary agricultural employment of h 2a aliens in the united states, 75 fr 6884 (feb. 12, 2010). on january 12, 2021, the court issued a supplemental order requiring the department to publish the adverse effect wage rates (aewr) for 2021 in the federal register on or before february 25, 2021, using the methodology set forth in the 2010 rule, and to make those aewrs effective upon their publication. additionally, the court ordered the department to notify all state workforce agencies (swas), employers, and the general public that the aewrs in effect on december 20, 2020, will remain in effect during the interim period until the department publishes 2021 aewrs in the federal register. accordingly, all h 2a job orders filed on or after december 21, 2020, with swas serving the area of intended employment, as set forth in 20 cfr 655.121, including job orders filed concurrently with an application for temporary employment certification with the oflc national processing center for emergency situations under 20 cfr 655.134, must continue to use the aewrs in effect on december 20, 2020, until the publication of new aewrs in the federal register. additionally, the court reserved decision on whether an award of backpay is warranted based on the difference, if any, between the 2020 aewrs and the final 2021 aewrs. accordingly, the court ordered the department to provide notice to all employers who submit job orders and applications under the h 2a program between december 21, 2020, and the publication of 2021 aewrs in the federal register, that affected h 2a workers may have a potential claim for backpay. accordingly, and as part of their regulatory obligations to maintain accurate and adequate earnings records (see 20 cfr 655.122(j)), the department reminds employers to record the names and permanent home addresses of all h 2a workers who may later be entitled to backpay, and make reasonable efforts to ensure that such information for each worker remains current. the department will provide here a further notice if and when the court issues a ruling regarding potential backpay. the u.s. department of labor published a final rule in the federal register that will help america’s workers remain competitive by reforming the prevailing wage methodology for several foreign worker programs. this final rule will be effective on march 15, 2021. however, filers will not be required to use the prevailing wage methodology under this final rule until july 1, 2021. to keep the public informed regarding the submission and assignment of h 2b applications for review, the office of foreign labor certification (oflc) published the assignment group(s) for 5,377 h 2b applications covering 96,641 worker positions with the start date of work of april 1, 2021. following the randomization procedures published in the federal register on march 4, 2019, oflc completed the randomization process on january 5 and assigned to national processing center analysts all h 2b applications placed in assignment group a for issuance of notices of deficiency or acceptance. group a includes enough worker positions to reach the h 2b semi annual visa allotment of 33,000. four additional assignment groups (groups b e) were created for the remaining applications, each of which includes no more than 20,000 worker positions. on january 5, 2021, oflc provided written notice to each employer (and the employer's authorized attorney or agent) informing them about the assignment group for their application(s). the office of foreign labor certification has completed the randomization process to randomly assign all h 2b applications submitted during the initial three day filing window, january 1 3, 2021, requesting an april 1, 2021, work start date for the second half of the fiscal year 2021 h 2b statutory visa cap. oflc received a total of 5,377 h 2b applications requesting 96,641 worker positions during this filing period. oflc will be providing written notification to employers (and the employer's authorized attorney or agent) with their h 2b assignment group. on january 7, 2021, oflc will also publish on its website the list of the h 2b applications assigned to each assignment group. on december 23, 2020, the u.s. district court for the eastern district of california issued an order in united farm workers, et al. v. dol, et al., no. 20 cv 01690, enjoining the department of labor from implementing the final rule, adverse effect wage rate methodology for the temporary employment of h 2a nonimmigrants in non range occupations in the united states (h 2a aewr fr), 85 fr 70445 (nov. 5, 2020). the court’s order prevents the department from further implementing the h 2a aewr fr, which took effect on december 21, 2020, and ordered the department to use the methodology established by the department’s 2010 h 2a regulation to establish the hourly aewrs for all non range occupations. effective immediately, and until further notice, h 2a job orders filed with the state workforce agency serving the area of intended employment, as set forth in 20 cfr 655.121, on or after december 21, 2020, including job orders filed concurrently with an application for temporary employment certification to the oflc national processing center for emergency situations under 20 cfr 655.134, must use the aewrs in effect on december 20, 2020. the office of foreign labor certification (oflc) reminds employers and other interested stakeholders that the filing window to submit an h 2b application for temporary employment certification (form eta 9142b and appendices) requesting work start dates of april 1, 2021, or later, will open on january 1, 2021, at 12:00 a.m. eastern time. following oflc’s standard operating procedures, h 2b applications requesting an april 1, 2021, work start date will be denied if they are filed before january 1, 2021, at 12:00 a.m. eastern time. oflc will randomly order for processing all h 2b applications requesting a work start date of april 1, 2021, that are filed during the initial three calendar days (january 1 3, 2021) using the randomization procedures published in the federal register on march 4, 2019. each day, from january 2, 2021 through january 4, 2021, oflc will publish on the foreign labor application gateway system website the number of h 2b applications it has received to date and the total number of requested worker positions on those applications. the department of labor (dol) has published a notice in the federal register announcing the new aewr for herding or production of livestock on the range for the h 2a program. the aewr is the minimum wage rate dol has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment, so that the wages of similarly employed u.s. workers will not be adversely affected. the notice announces the new national monthly aewr for herding or production of livestock on the range. on december 9, 2020, the office of foreign labor certification (oflc) conducted a webinar to update stakeholders on the process for filing h 2b applications requesting a work start date of april 1, 2021, or later. this webinar also provided best practices and helpful tips for preparing and submitting h 2b applications for temporary employment certification (form eta 9142b and appendices) using the foreign labor application gateway system. the presentation materials are now available at the hyperlink below. important reminder: employers are reminded that they should file only one application for the same job opportunity. with limited exception, under 20 cfr 655.15(f), only one application for temporary employment certification (form eta 9142b and appendices) may be filed for worksite(s) within one area of intended employment for each job opportunity with an employer for each period of employment. oflc will review and process only the application that is filed first, according to its timestamp. if oflc identifies multiple applications that appear to have been filed for the same job opportunity, oflc will consider the first application filed in timestamp order   irrespective of randomization group assignments   as the official application submitted by (or on behalf of) the employer. oflc will issue a notice of deficiency on the first application reviewed (i.e., the application that is randomized closest to the top of the processing order) to require the employer to establish a bona fide need for all potentially duplicative applications. employers that fail to establish a bona fide need for each of the applications will receive a non acceptance denial for each application identified as a duplicate and received after the application that was filed first. any necessary corrections or amendments should be made to the first application filed. for further information on requesting a correction or amendment of an h 2b application before a final determination is issued, please refer to h 2b frequently asked questions round 11, regardless of any h 2b visa cap administered by uscis. on december 1, 2020, the u.s. district court for the northern district of california issued an order in chamber of commerce, et al. v. dhs, et al., no. 20 cv 7331, finding that the u.s. department of labor (the department) failed to show it had good cause to forgo advance notice and comment under the administrative procedure act for the interim final rule (ifr), strengthening wage protections for the temporary and permanent employment of certain aliens in the united states, 85 fr 63872 (oct. 8, 2020). the court’s order sets aside the ifr, which took effect on october 8, 2020 and implemented reforms to the prevailing wage methodology for the permanent employment certification, h 1b, h 1b1, and e 3 visa programs. similarly, on december 3, 2020, the u.s. district court for the district of new jersey issued a preliminary injunction in itserve alliance, inc., et al. v. scalia, et al., no. 20 cv 14604, applying to the plaintiffs in that case. the department is taking necessary steps to comply with the courts’ orders, including making required technical changes to the foreign labor application gateway (flag) system, in a manner that minimizes service disruptions for customers and oflc staff. specifically, the department must make changes to the flag system modules to replace the 10/8/2020 6/30/2021 wage source year data that was implemented under the ifr with the oes prevailing wage data that was in effect on october 7, 2020. to reduce the risk of unintended system problems or errors while this occurs, employers and their authorized attorneys or agents may experience a brief delay in their ability to use the flag system to submit new labor condition applications for nonimmigrant workers (lcas), form eta 9035/9035e, and receive determinations on applications for prevailing wage determination, form eta 9141, where the occupational employment statistics (oes) survey data is the prevailing wage source. implementation timeframe for technical changes to flc online data center implementation timeframe for filing lcas implementation timeframe for processing prevailing wage determinations opportunity to request npwc review of a pwd issued under the ifr any employer desiring review of a pwd issued using the 10/8/2020 6/30/2021 wage source year data that was implemented under the ifr may make a request for review by the npwc director under 20 cfr 656.41 on or before january 4, 2021, and the director will consider such request timely under 20 cfr 656.41(a). please use one of the following methods to submit a timely request for npwc director review: please access your foreign labor application gateway (flag) system account to request review of a prevailing wage determination issued by the npwc director. in the historical cases table, search for the case number, then open the case details. in the actions tab, select request redetermination. you will be prompted to add a case note and may upload a document if needed. upon submission, your request will be routed to an analyst for review. you will receive an email confirmation that your request submitted successfully. flc.pwd@dol.gov in the email subject line, please include the phrase “ifr request for review” followed by the full case number on the form eta 9141. employment and training administration office of foreign labor certification national prevailing wage center 200 constitution ave nw room n 5311 washington, dc 20210 attn: ifr request for review please include either the full case number in the cover letter of the request for npwc director review or a hard copy of the form eta 9141 issued under the ifr methodology. the office of foreign labor certification (oflc) invites stakeholders to participate in a webinar that provides best practices and helpful tips for preparing h 2b applications for temporary employment certification (form eta 9142b and appendices). the webinar will discuss: details of the webinars are as follows: date: december 9, 2020 start time: 2:30 est link: https://usdol.webex.com/usdol/j.php?mtid=m7935686fca176037f113697ee0501664 meeting password: hfgmm4ekt36 call in information: *due to the size of the call, please use the following toll free number for audio: please note: webinars are limited to 1,000 participants. on november 5, 2020, the department of labor (department) published a final rule updating the methodology for determining hourly adverse effect wage rates (aewr) for non range agricultural occupations in the h 2a visa program. see final rule, adverse effect wage rate methodology for the temporary employment of h 2a nonimmigrants in non range occupations in the united states, 85 fr 70445 (nov. 5, 2020) (“2020 aewr final rule”). the aewr is the minimum wage rate the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment to ensure that the employment of h 2a workers does not adversely affect the wages of agricultural workers in the u.s. beginning on december 21, 2020, h 2a job orders submitted for non range occupations must comply with the new methodology. the office of foreign labor certification (oflc) has created a new webpage that consolidates aewr information for the h 2a program. this webpage contains the monthly aewr for range occupations, as well as the hourly aewrs for non range occupations. the hourly aewrs for non range occupations on the new webpage will apply to h 2a job orders submitted on or after december 21, 2020, when the 2020 aewr final rule becomes effective. during the transition to the new methodology, oflc will also maintain a separate webpage that displays the hourly aewrs in effect for job orders submitted before december 21, 2020. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c). the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2019, through september 30, 2020, reporting period of fy 2020. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the fourth quarter of fiscal year 2020) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october 1, 2019, through september 30, 2020, reporting period of fiscal year 2020. oflc has also released selected program statistics for the fourth quarter of fiscal year 2020 for the perm, lca (h 1b, h 1b1, e 3), h 2a, h 2b, cw 1, and prevailing wage programs. the u.s. department of labor today announced a final rule that updates the methodology for determining the annual adverse effect wage rates (aewrs) in the h 2a visa program. the aewr is a minimum wage rate that provides a floor below which the wages of agricultural workers cannot be negotiated. requiring employers to pay the aewr when it is the highest applicable wage is the primary way the department meets its statutory obligation to certify that the employment of foreign workers will not adversely affect workers in the united states similarly employed. the new rule improves the consistency of the aewrs, provides stronger protections for workers, and establishes better stability and predictability for employers in complying with their wage obligations. for the vast majority of agricultural jobs, the rule uses the average hourly wages for field and livestock workers (combined), as reported by the u.s. department of agriculture’s farm labor survey published in november 2019, as the aewrs for field and livestock worker occupations through calendar year 2022. beginning in 2023, and annually thereafter, the department will adjust these aewrs by the percentage change in the bureau of labor statistics’ (bls) employment cost index for wages and salaries for the preceding 12 month period. for all other agricultural jobs, the department will set and annually adjust the aewrs using the average hourly wages for the occupational classification reported by the bls occupational employment statistics (oes) survey program. these agricultural jobs are often supervisory or higher skilled/uniquely skilled, such as construction jobs, which pay higher wages than typical farming occupations. using the oes survey to establish aewrs for these higher skilled jobs will allow the department to consistently establish occupation specific aewrs that better reflect the wages paid for such jobs and better protect against adverse effect on similarly employed united states workers. the changes implemented in this rule also address stakeholder concerns about the potential for significant and unpredictable wage changes from year to year associated with the department’s prior aewr methodology, while ensuring better wage protections for united states workers similarly employed in higher skilled agricultural jobs. more predictable wage adjustments in the h 2a program will help american farmers plan and budget for their workforce needs, and ensure that wages in the h 2a program keep pace with steadily increasing wages in the wider economy. by taking this action, the department is protecting u.s. workers and helping farmers keep food on america’s tables. the department intends to issue a second final rule to finalize the remainder of the july 29, 2019, proposed rule that will govern other aspects of the certification of agricultural labor or services performed by h 2a workers, and enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. a copy of the final rule is available on the office of foreign labor certification’s (oflc) website. the final rule will publish in the federal register at a later date. although the office of the federal register may make minor technical edits to the version of the final rule posted with today’s announcement, the substance of the final rule will remain the same. the version to be published in the federal register will be the official version that amends the current regulations. oflc has also prepared frequently asked questions (faq) to help stakeholders better understand the h 2a aewr final rule: the office of foreign labor certification (oflc) has released round 2 of frequently asked questions (faqs) addressing issues related to the wage protections interim final rule. the u.s. department of labor announced an interim final rule (ifr) that will help america’s workers remain competitive by reforming the prevailing wage methodology for several foreign worker programs. after a significant review of the permanent employment certification, h 1b, h 1b1, and e 3 visa programs, the department has determined that the existing wage structure leads to potential abuses of these programs that can cause wage deflation and stagnation for u.s. workers. the ifr will improve the accuracy of prevailing wages and more effectively protect the recruitment and wages of america’s workers by eliminating any economic incentive or advantage in hiring foreign workers on a permanent or temporary basis in the u.s. the ifr amends the department’s regulations governing certain labor certifications at 20 cfr parts 655 and 656, to incorporate changes to the methodology for computing prevailing wage levels under the department’s four tiered wage structure. the department believes these changes to the wage structure based on the occupational employment statistics (oes) wage survey administered by the bureau of labor statistics better reflect the actual wages earned by u.s. workers similarly employed to foreign workers. the ifr does not change oflc’s standard procedures for reviewing employers’ job opportunities and determining prevailing wage levels for the assigned standard occupational classification (soc) code. on october 6, 2020, the department’s ifr, strengthening wage protections for the temporary and permanent employment of certain aliens in the united states, will be placed on public inspection at the federal register. in advance of the ifr’s publication in the federal register, a copy of the ifr submitted to the office of the federal register (ofr) is also available on the office of foreign labor certification’s (oflc) website. the department expects the ifr will be published, with an immediate effective date, in the federal register on october 8, 2020. the department will be accepting public comments on the ifr for 30 days from the date of publication in the federal register. although the ofr may make minor technical edits to the version of the ifr posted with today’s announcement, the substance of the ifr will remain the same. the version to be published in the federal register will be the official version that amends the current regulations. oflc has prepared frequently asked questions to help stakeholders better understand the wage protections ifr. effect of the interim final rule: the ifr will only apply to the following: implementation schedule: the office of foreign labor certification (oflc) received an updated wage survey from the governor of the commonwealth of northern mariana islands (cnmi) for the cw 1 program. oflc has approved the governor’s survey for 402 occupations and will issue updated cw 1 prevailing wages using this data from september 30, 2020, through june 30, 2021. the updated wage table includes prevailing wage data for a total of 820 occupations. the office of foreign labor certification (oflc) announced that it is permanently adopting the electronic issuance of perm labor certifications to employers (and their authorized attorneys or agents). on march 24, 2020, oflc announced that due to the impact of the covid 19 pandemic that it would electronically issue perm labor certifications to employers (and their authorized attorneys or agents) through june 30, 2020. on june 16, 2020, oflc announced that it was extending the period during which it would electronically issue perm labor certifications through september 30, 2020. on july 30, 2020, the department of labor (department) signed a memorandum of agreement (moa) with the department of homeland security (dhs). among other things, the moa provides dhs access to all applications for permanent labor certification submitted to oflc through the perm online system, including the ability to verify that a perm application has been certified. the enhanced information sharing and collaboration under the moa also eliminates the need for duplicate certification requests and increases the integrity of the perm program by supporting efforts to combat instances of fraud and abuse in connection with labor certification and employment based immigrant and non immigrant programs. dhs regulations require that in order to file a uscis form i 140, immigrant petition for alien workers (form i 140), with u.s. citizenship and immigration services (uscis) employers must concurrently submit an original labor certification issued by the department, unless the original labor certification was already provided to uscis in support of a different petition. when a permanent labor certification was granted in the past, oflc would send the original certified eta form 9089, application for permanent employment certification, and a final determination letter on "security paper" to the employer (or their authorized attorney/agent). to be valid, a certified eta form 9089 must contain the following completed sections: the employer (or their authorized attorney/agent) then would submit the original signed paper eta form 9089, along with the uscis form i 140 and all other supporting documentation and appropriate fees, to uscis. as of march 24, 2020, employers (or their authorized attorney/agent) who file a perm application and are granted a permanent labor certification by oflc have received the certified eta form 9089 and final determination letter by email. in circumstances where employers (or their authorized attorneys or agents) submit the application for permanent labor certification by mail and are not able to receive the certified eta form 9089 documents by email, oflc has and will continue to send the original security paper eta form 9089 and final determination letter by mail. at this time, oflc expects to continue using ups regular delivery to send the documents (i.e., approximately 2 to 8 days depending on delivery location). before filing a form i 140 with uscis, the electronic copy of the certified eta form 9089 that is provided by oflc via email, must be printed, and signed and dated in the appropriate sections by the: important reminder: to ensure receipt of electronic permanent labor certification documents and all other correspondence from the atlanta national processing center, oflc reminds stakeholders to add plc.atlanta@dol.gov to their address book or "safe list" within email system(s) to avoid being filtered as spam. the office of foreign labor certification (oflc) has released a corrected version of the following public disclosure data files for the third quarter of fiscal year 2020: the public disclosure files include all final determinations oflc issued for these programs during the october, 1, 2019, through june 30, 2020, reporting period of fy 2020. earlier this month, an error was discovered in the pw_disclosure data fy 2020 q3.xlsx file in which the primary_worksite_county column was not populating for all records. this has been corrected. the h 1b h 1b1 e 3 fy2020 q3.xlsx file contained an error in which some records for which the case_status column indicated “certified   withdrawn” should have indicated a status of “withdrawn”. this too has been corrected. on august 11, 2020, the assistant secretary of consular affairs for the u.s. department of state (dos), in consultation with the secretaries of labor and homeland security, determined additional types of travel that may qualify for a national interest exception to presidential proclamation 10052 for h 1b, h 2b, l 1a, l 1b and certain j 1 visa programs. the announcement regarding this determination can be accessed here. the announcement updates a notice from july 30, 2020, and discusses expanded categories of visa applicants who may qualify for a national interest exception to presidential proclamation 10052. stakeholders are reminded that u.s. embassies and consulates may only be able to offer limited visa services due to the covid 19 pandemic. prospective visa applicants should visit the website for the embassy or consulate where they intend to apply for a visa to get updates on current operating status. on july 20, 2020, the office of foreign labor certification (oflc) published a federal register notice announcing its intent to revise application forms, instructions, and other information collected under the permanent labor certification program. the federal register notice published on july 20, 2020, incorrectly stated that the omb control number for forms eta 750a, application for alien employment certification   offer of employment, and eta 750b, application for alien employment certification   statement of qualifications of alien, is 1205 0515. the federal register notice published today corrects the omb control number for forms eta 750a and eta 750b to 1205 0015. written comments must be submitted following the instructions in the federal register notice published on july 20, 2020. the deadline to submit comments is september 18, 2020. as announced on june 3, 2020, the office of foreign labor certification's website will be migrating to a new web domain. the foreign labor certification website is scheduled to become part of the main department of labor website at www.dol.gov/agencies/eta/foreign labor on august 3, 2020. as part of the transition, the visual display on oflc's website will change, but the information provided on each of these pages will remain the same. users who try to access oflc website pages and file at their current url will be automatically redirected to the new location and should encounter no service disruptions. after the transition, we encourage users to update their bookmarks and documentation with the new urls to ensure that they can continue to access information on oflc's website. the u.s. department of labor published a federal register notice announcing its intent to revise application forms, instructions, and other information collected under the permanent labor certification (perm) program. the proposed revision better aligns information collection requirements with the department’s perm regulation, provides greater clarity to employers on regulatory requirements, standardizes and streamlines information collection for employers preparing perm applications, and promotes greater efficiency and transparency in oflc's review and issuance of labor certification decisions. written comments must be submitted in accordance with the instructions in the federal register notice. the deadline to submit comments is september 18, 2020. the office of foreign labor certification (oflc) is publishing an updated list of the names of foreign labor recruiters for the h 2b program (as required by 20 cfr § 655.9(c)). the list contains the name and location of persons or entities hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their form eta 9142b, h 2b application for temporary employment certification. the h 2b foreign labor recruiter list includes cases filed from october 1, 2019, through june 30, 2020. this information is also available in form eta 9142b, appendix c, which presents foreign recruiter information sorted by h 2b case number. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. in order to view the foreign labor recruiting list, please visit the foreign labor recruiting list web page the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2020) drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, h 1b, h 1b1, e 3, h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october, 1, 2019, through june 30, 2020, reporting period of fy 2020. oflc has also released q3 selected program statistics for fiscal year 2020 for the perm, h 1b, h 1b1, e 3, h 2a, h 2b, cw 1, and prevailing wage programs. to keep the public informed regarding the submission and assignment of h 2b applications for review, the office of foreign labor certification (oflc) published the assignment group(s) for 685 h 2b applications covering 16,609 worker positions with the start date of work of october 1, 2020. since the number of the h 2b applications received during the initial three day period collectively requested fewer worker positions for certification than the statutory numerical limitation, all h 2b applications filed within that time period and requesting workers for the earliest possible start date of work were randomly given a unique number and placed into the same group for assignment. the office of foreign labor certification has completed the procedures to randomly assign all h 2b applications submitted during the initial three day filing window, july 3 5, 2020, requesting an october 1, 2020, work start date for the first half of the fiscal year 2021 h 2b statutory visa cap. oflc received a total of 685 h 2b applications in the foreign labor application gateway system requesting 16,609 worker positions during this filing period. since the number of the h 2b applications received during the initial three day period collectively requested fewer worker positions for certification than the statutory numerical limitation, all h 2b applications filed within that time period and requesting workers for the earliest possible start date of work were randomly given a unique number and placed into the same group for assignment. the office of foreign labor certification (oflc) has published the latest prevailing wage data from the occupational employment survey as generated by the bureau of labor statistics (bls) for july 2020 through june 2021. these updates include: geographic changes: the occupational employment statistics (oes) program added the twins fall, idaho, metropolitan statistical area. oflc also has wage data available for new shoreham, rhode island. american competitiveness and workforce improvement act (acwia)   education industry database: updates with wages for additional acwia occupations are now available. explanation of oes 2019 hybrid structure: on june 23, 2020, oflc published round 2 of frequently asked questions explaining that oflc will continue using the 2010 soc occupations for the july 2020 wage year. oflc will apply the oes 2019 hybrid structure wage estimates generated by bls for these 2010 soc occupations. the office of foreign labor certification (oflc) reminds employers and other interested stakeholders that the filing window to submit an h 2b application for temporary employment certification (form eta 9142b and appendices) requesting work start dates of october 1, 2020, or later, will open on july 3, 2020, at 12:00 a.m. eastern time. following oflc's standard operating procedures, h 2b applications requesting an october 1, 2020, work start date will be denied if they are filed before july 3, 2020, at 12:00 a.m. eastern time. oflc will randomly order for processing all h 2b applications requesting a work start date of october 1, 2020, that are filed during the initial three calendar days (july 3 5, 2020) using the randomization procedures published in the federal register on march 4, 2019. important reminder: employers are reminded that foreign labor application gateway (flag) system user accounts are solely for the use of the individual for whom they were created. sharing the same user account is forbidden and is grounds for terminating flag access. passwords or any other authentication mechanism should never be shared or stored in any place easily accessible. if stored, a password may not be stored in a clear text or readable format. on march 24, 2020, the office of foreign labor certification (oflc) informed stakeholders that the atlanta national processing center (npc) will issue perm labor certification documents electronically to employers (and their authorized attorneys or agents) through june 30, 2020. due to the ongoing impact of the covid 19 pandemic, oflc is extending the period during which the atlanta npc will issue perm labor certification documents electronically to employers (and their authorized attorneys or agents) through september 30, 2020. u.s. department of homeland security (dhs) regulations require that in order to file a uscis form i 140, immigrant petition for alien workers, with u.s. citizenship and immigration services (uscis), for certain employment based immigrant visas employers must concurrently submit an original labor certification issued by the u.s. department of labor (dol), unless the original labor certification was already provided to uscis in support of a different petition. normally, when a permanent labor certification is granted, oflc sends an original certified eta form 9089, application for permanent employment certification, and a final determination letter on security paper to the employer (or the employer's authorized attorney or agent who submitted the application). to be valid, the certified eta form 9089 contains a completed: the employer (or its authorized agent or attorney) then submits the original, signed paper eta form 9089, along with the uscis form i 140 and all other supporting documentation and appropriate fees, to uscis. through september 30, 2020, employers (or their authorized attorneys/agents) who file the application and are granted a permanent labor certification by oflc will receive the certified eta form 9089 and final determination letter by email. in circumstances where employers (or their authorized attorneys or agents) are not able to receive the certified eta form 9089 documents by email, oflc will send the original security paper eta form 9089 and final determination letter using ups regular delivery (i.e., approximately 2 to 8 days depending on delivery location). before filing form i 140 with uscis, the electronic copy of the certified eta form 9089 must be printed, and then signed and dated by the: uscis may consider this printed form eta 9089, containing all signatures, as satisfying the requirement that petitioners provide evidence of an original labor certification issued by dol. important reminder: to ensure proper receipt of electronic permanent labor certification documents and all other correspondence from the atlanta npc, oflc reminds stakeholders to add plc.atlanta@dol.gov to their address book or "safe list" within email system(s) to avoid being filtered as spam. please be advised that the office of foreign labor certification (oflc) is in the process of migrating our website from https://www.foreignlaborcert.doleta.gov/ to https://www.dol.gov/agencies/eta/foreign labor. we expect the new website to go live in mid july, following the july h 2b peak filing period . the changes will offer a new design and layout as part of the u.s. department of labor's oneweb@dol initiative. the design changes include enhancements for users on mobile devices and accessibility for individuals with disabilities. once the new website is launched, the old urls for webpages and files on https://www.foreignlaborcert.doleta.gov/ will be redirected to the corresponding links at https://www.dol.gov/agencies/eta/foreign labor certification . users with bookmarked webpages or who use a search engine will be seamlessly redirected to the new website location. we encourage users to update their bookmarks and documentation with the new urls to ensure that they can continue to access information on oflc's website. important note: the migration to the new oflc website domain will not impact the foreign labor application gateway ( https://flag.dol.gov ), permanent online filing ( https://www.plc.doleta.gov/ ), and seasonaljobs.dol.gov ( https://seasonaljobs.dol.gov ) websites. users of these websites should encounter no service disruptions. on may 20, 2020, the office of the secretary issued a final rule, rules concerning discretionary review by the secretary to establish a system of discretionary secretarial review over cases pending before or decided by the board of alien labor certification appeals (balca) and to make technical changes to regulations governing the timing and finality of decisions of the administrative review board and balca. the effective date of the rule is june 19, 2020. the rule also provides that the secretary will not exercise his new review authority until at least 30 days after the rule goes into effect. the office of foreign labor certification reminds stakeholders that information and directions on uploading documents into the permanent (perm) online system is available under the perm webinars link located on the permanent labor certification program web page. the office of foreign labor certification (oflc) has published an updated list of the names of foreign labor recruiters for the h 2b program as required by 20 cfr 655.9(c) . the list contains the name and location of persons or entities identified on appendix c of the form eta 9142b that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their h 2b application. the h 2b foreign labor recruiter list includes only those names and locations associated with h 2b applications that were processed or issued a final decision during the october 1, 2019, through march 31, 2020, reporting period of fy 2020. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. the office of foreign labor certification (oflc) has released a comprehensive set of public disclosure data for the first half of fiscal year 2020 drawn from employer applications requesting prevailing wage determinations and labor certifications for the perm, h 1b, h 1b1, e 3, h 2a, h 2b, cw 1, and prevailing wage programs. the public disclosure files include all final determinations oflc issued for these programs during the october, 1, 2019, through march 31, 2020, reporting period of fy 2020 including a more expansive set of data elements based on new application forms processed through the foreign labor application gateway (flag) system. oflc has also released updated selected program statistics for the first half of fiscal year 2020 for the perm, h 1b, h 1b1, e 3, h 2a, h 2b, cw 1, and prevailing wage programs. the office of foreign labor certification (oflc) is making this public service announcement to alert employers and other interested stakeholders that the legacy icert system will be fully decommissioned on may 1, 2020 . as part of the department's technology modernization initiative, the foreign labor application gateway (flag) system was implemented to replace the legacy icert system, improve customer service, and modernize the administration of foreign labor certification programs. on february 28, 2020, oflc initiated the decommissioning process by transitioning the legacy icert system to a read only mode where users can access their accounts to view, download, or copy information related to their applications. on may 1, 2020 , the legacy icert system will no longer be accessible to account holders and the general public will be redirected to the flag system . as a reminder, icert system account holders who need to request a specific case action on an application submitted in the icert system (e.g., withdraw applications, request reconsideration, etc.) should continue to contact the relevant oflc program helpdesk for review and appropriate action. on march 20, 2020, illinois governor jb pritzker directed all individuals currently living in the state of illinois to stay at home or at their place of residence, which currently extends through april 7, 2020. on march 23, 2020, city of atlanta mayor keisha lance bottoms, directed all individuals living in the territorial jurisdictional limits of the city of atlanta to stay at their place of residence, effective march 24, 2020. the office of foreign labor certification has temporarily suspended daily mail processing at its atlanta and chicago national processing centers (npcs) in order to protect the health and safety of its staff and help slow the spread of covid 19. oflc will monitor mail delivered to its npcs once a week to ensure that time sensitive documents are processed. the atlanta and chicago npcs continue to electronically process and issue labor certifications that meet all statutory and regulatory requirements under the federal government's maximum telework flexibilities operating status. oflc strongly encourages all employers (and their authorized attorneys or agents) to use the foreign labor application gateway (flag) and perm electronic filing systems for filing new applications and uploading responsive documents on applications currently under review. alternatively, employers and their authorized attorneys or agents may file applications and responsive documentation using email at the following addresses: tlc.chicago@dol.gov (chicago npc) and plc.atlanta@dol.gov (atlanta npc). see the covid 19 frequently asked questions, round 1 , issued on march 20, 2020, for more information. due to the impact of the covid 19 pandemic, the office of foreign labor certification (oflc) is making this public service announcement to alert employers and other interested stakeholders that, beginning march 25, 2020, and through june 30, 2020 , the atlanta national processing center (npc) will issue perm labor certification documents electronically to employers and their authorized attorneys or agents. department of homeland security (dhs) regulations provide that, in order to file a uscis form i 140, immigrant petition for alien workers , with united states citizenship and immigration services (uscis), for certain employment based immigrant visas, an employer must concurrently submit an original labor certification issued by the department of labor (dol), unless the original labor certification was already provided to uscis in support of a different petition. currently, when a permanent labor certification is granted, oflc sends an original certified form eta 9089, application for permanent employment certification , and a final determination letter on security paper to the employer or, if applicable, the employer's authorized attorney or agent who submitted the application. to be valid, the certified form eta 9089 contains a completed: the employer or, if applicable, its authorized agent or attorney, then submits the original, signed paper form eta 9089, along with the uscis form i 140 and all other supporting documentation and appropriate fees, to uscis. beginning march 25, 2020, and through june 30, 2020 , employers or their authorized attorneys/agents who file the application and are granted a permanent labor certification by oflc will receive the certified form eta 9089 and final determination letter by email. in circumstances where employers or, if applicable, their authorized attorneys or agents, are not able to receive the certified form eta 9089 documents by email, oflc will send the original security paper form eta 9089 and final determination letter using ups regular delivery (i.e., approximately 2 to 8 days depending on delivery location). upon email receipt of an electronic copy of the certified form eta 9089, the form must be printed, and then signed and dated by each of the following prior to filing the form i 140 with uscis: the foreign worker, preparer (if applicable), and the employer. uscis may consider this printed form eta 9089, containing all signatures, as satisfying the requirement that petitioners provide evidence of an original labor certification issued by dol. based on potential service disruptions due to the covid 19 pandemic, oflc's electronic issuance of permanent labor certifications, during this temporary period, will help ensure employers and their authorized attorneys or agents are able to receive final determinations in a timely and cost effective manner. important reminder: similar to other electronic correspondence issued by the atlanta npc, and to ensure proper receipt of electronic permanent labor certification documents, oflc reminds stakeholders to add plc.atlanta@dol.gov to their address book or "safe list" within email system(s) to avoid being filtered as spam. the u.s. department of labor's employment and training administration has issued a federal register notice announcing the annual update to the allowable charges that employers seeking h 2a workers in occupations other than range herding may charge their workers when the employer provides three meals a day, and the maximum travel subsistence meal reimbursement that a worker with receipts may claim under the h 2a and h 2b programs. the notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence. the office of foreign labor certification (oflc) has released a set of frequently asked questions (faqs) to address stakeholder questions concerning the u.s. department of homeland security's public announcement on march 5, 2020, that it will take necessary anti fraud and abuse measures to protect the integrity of the h 2b visa program and also make available 35,000 supplemental h 2b temporary nonagricultural worker visas for the second half of fiscal year 2020. the faqs are intended to clarify the use of emergency situations related to the supplemental allocation and the procedures that employers can use to return a temporary labor certification issued by oflc that they no longer need. the office of foreign labor certification (oflc) alerts stakeholders that the office of the secretary of labor has withdrawn its december 17, 2014, notice of intent to issue declaratory order (79 fr 75179, dec. 17, 2014). all oflc actions related to the resolution of requests for review of the relevant supplemental prevailing wage determinations, which have been stayed since december 20, 2013, will be processed in accordance with this withdrawal notice. note: this version of the withdrawal notice may vary slightly from the published document if minor technical or formatting changes are made during the review by the office of the federal register. oflc has issued 3,642 h 2b temporary labor certifications covering 63,797 worker positions. filers who have received a temporary labor certification may file a petition with the u.s. citizenship and immigration services (uscis). oflc will continue to process h 2b applications, regardless of any h 2b visa cap administered by uscis. the office of foreign labor certification (oflc) invites interested stakeholders to participate in a webinar that provides technical assistance and helpful tips for preparing the cw 1 application for prevailing wage determination (form eta 9141c) and the application for temporary employment certification (form eta 9142c). the webinar will: date: tuesday, march 10, 2020 start time: 8:30 a.m. chamorro standard time (gmt+10) webex link: https://dolevents.webex.com/dolevents/onstage/g.php?mtid=e9c7f4d32cac9a85bb542a60cb8af3ab3 meeting password: welcome!24 toll free phone: 1 800 779 6819 toll line: 571 308 9268 participant passcode: 3822141 please note: webinars are limited to 1,000 participants. on january 29, 2020, governor ralph dlg. torres issued a declaration of a state of significant emergency regarding matters of public health for travelers to the commonwealth of the northern mariana islands (cnmi). the office of foreign labor certification reminds cnmi employers of regulatory provisions regarding the termination of work to be performed under a job order and/or work contracts with employees before the end date of work on the certification under the "contract impossibility" provisions in 20 cfr 655.20(g) (h 2b) and 20 cfr 655.423(g) (cw 1), and as discussed in the office of foreign labor certification's frequently asked questions . impacted employers may also be eligible to use emergency filing procedures, as outlined at 20 cfr 655.17 (h 2b) and 20 cfr 655.422 (cw 1) to file their application closer to their start date of need than is normally permitted. any requests will be assessed by the certifying officer and take into account the employer's reasons for such requests. for information from u.s. citizenship and immigration services (uscis) regarding immigration relief measures that may help if you are affected by unforeseen circumstances, please visit the uscis website . the office of foreign labor certification (oflc) is making this public service announcement to alert employers and other interested stakeholders that the icert system labor certification registry, which provides public access to labor certification decisions in the perm, lca, h 2a, and h 2b visa programs, will be decommissioned. effective february 28, 2020 , members of the public interested in obtaining data on labor certification decisions will still be able to access it within the disclosure data section of the oflc performance data page . this page provides the latest quarterly and annual disclosure data in easily accessible formats for public review and use. with the decommissioning of the icert system labor certification registry, oflc will be significantly expanding the scope of labor certification decision data available to the public through the disclosure data section in february 2020. members of the public interested in obtaining copies of labor certification records or other information maintained by oflc may also request access under the freedom of information act (foia). for more information on how to submit a foia request, please visit the department of labor's foia webpage . as part of the department's technology modernization initiative, the foreign labor application gateway (flag) system was developed to replace the legacy icert system, improve customer service, and modernize the administration of foreign labor certification programs. the office of foreign labor certification (oflc) is making this public service announcement to alert employers and other interested stakeholders that the icert system continues to be accessible, but will transition to a read only mode as the department initiates full decommissioning of the legacy system. effective february 28, 2020 , icert system account users will no longer be able to take any actions on their applications (e.g., delete initiated applications, request redeterminations, request center director reviews, withdraw applications, and upload supporting documents) within the respective prevailing wage, lca, h 2a, or h 2b program areas of the legacy icert system. however, icert system account users will retain the ability to access their accounts and view, download, or copy information related to their applications after the icert system is placed in a read only mode. beginning february 28, 2020, icert system account users who need to request a specific case action on an application available in the icert system should contact the relevant oflc program helpdesk for review and appropriate action. the office of foreign labor certification (oflc) today implemented technical fixes and new enhancements to the foreign labor application gateway (flag) system related to the submission of applications. these enhancements are intended to improve customer service and increase the quality of applications submitted for processing, and includes, but is not limited to, the following: h 2b program h 2a program lca programs (h 1b, h 1b1, e 3) prevailing wage program to keep the public informed regarding the submission and assignment of h 2b applications for review, the office of foreign labor certification (oflc) published the assignment group(s) for 5,677 h 2b applications covering 99,362 worker positions with the start date of work of april 1, 2020. following the randomization procedures published in the federal register on march 4, 2019, oflc completed the randomization process on january 6 and assigned to national processing center analysts all h 2b applications placed in assignment group a for issuance of notices of deficiency or acceptance. group a includes enough worker positions to reach the h 2b semi annual visa allotment of 33,000. four additional assignment groups were created for the remaining applications, each of which includes no more than 20,000 worker positions. on january 6, 2020, oflc provided written notice to each employer (and the employer's authorized attorney or agent) informing them about the assignment group for their application(s). the office of foreign labor certification has completed the randomization process to randomly assign all h 2b applications submitted during the initial three day filing window, january 2 4, 2020, requesting an april 1, 2020, work start date for the second half of the fiscal year 2020 h 2b statutory visa cap. oflc received a total of 5,677 h 2b applications requesting 99,362 worker positions during this filing period. oflc will be providing written notification to employers (and the employer's authorized attorney or agent) with their h 2b assignment group. on january 8, 2020, oflc will also publish on its website the list of the h 2b applications assigned to each assignment group. during the first two days of the h 2b peak filing season, employers filed 5,509 applications in the foreign labor application gateway system requesting more than 96,319 worker positions with an april 1, 2020, or later, work start date. the office of foreign labor certification (oflc) will continue to accept h 2b applications during the three day filing window, and plans to randomize all applications submitted on january 6, 2020. oflc will use the randomization procedures published in the federal register on march 4, 2019, to randomize h 2b applications. during the first 24 hours of the h 2b peak filing season, employers filed 4,930 applications in the foreign labor application gateway system requesting more than 87,298 worker positions with an april 1, 2020, or later, work start date. the office of foreign labor certification (oflc) will continue to accept h 2b applications during the three day filing window, and plans to randomize all applications submitted on january 6, 2020. oflc will use the randomization procedures published in the federal register on march 4, 2019, to randomize h 2b applications. the office of foreign labor certification (oflc) has posted a set of frequently asked questions (faqs) to address stakeholder questions concerning whether the u.s. department of homeland security's united states citizenship and immigration services (uscis) is accepting additional petitions for h 2b workers under the first half of fiscal year 2020 statutory limit, and the procedures employers can use to return a temporary labor certification issued by oflc that they no longer need. in collaboration with the department's office of the chief information officer, the office of foreign labor certification (oflc) published a set of technical frequently asked questions (faqs) addressing several technical issues with the foreign labor application gateway (flag) system. these faqs provide flag users with helpful tips and practices for preparing and submitting h 2b applications (form eta 9142b and appendices). the department of labor (dol) has published a notice in the federal register announcing the new aewr for herding or production of livestock on the range for the h 2a program. the aewr is the minimum wage rate dol has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment, so that the wages of similarly employed u.s. workers will not be adversely affected. the notice announces the new national monthly aewr for herding or production of livestock on the range. to access the notice please click here . the department of labor (dol) has published a notice in the federal register announcing the new aewr in each state to perform agricultural labor or service other than herding and production of livestock on the range for the h 2a program, based on the farm labor survey conducted by the u.s. department of agriculture. the aewr is the minimum wage rate dol has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment, so that the wages of similarly employed u.s. workers will not be adversely affected. the notice announces the new hourly aewr for each state. to access the notice please click here . the office of foreign labor certification (oflc) reminds employers and other interested stakeholders that the filing window to submit an h 2b application for temporary employment certification (form eta 9142b and appendices) requesting work start dates of april 1, 2020, or later, will open on january 2, 2020, at 12:00 a.m. eastern time . following oflc's standard operating procedures, h 2b applications requesting an april 1, 2020, work start date will be denied if they are filed before january 2, 2020, at 12:00 a.m. eastern time . oflc will randomly order for processing all h 2b applications requesting a work start date of april 1, 2020, that are filed during the initial three calendar days (january 2 4, 2020) using the randomization procedures published in the federal register on march 4, 2019. important reminder : employers are reminded that foreign labor application gateway (flag) system user accounts are solely for the use of the individual for whom they were created. sharing the same user account is forbidden and is grounds for terminating flag access. passwords or any other authentication mechanism should never be shared or stored in any place easily accessible. if stored, a password may not be stored in a clear text or readable format. on december 11, 2019, the office of foreign labor certification conducted a webinar to update stakeholders on the process for filing h 2b applications requesting a work start date of april 1, 2020, or later. for stakeholders who were not able to participate, the h 2b fy 2020 best practices presentation webinar is now available to watch online . as we approach the h 2b filing season, the office of foreign labor certification (oflc) reminds stakeholders that they can receive email notifications of oflc announcements. on december 11, 2019, the office of foreign labor certification (oflc) conducted a webinar to update stakeholders on the process for filing h 2b applications requesting a work start date of april 1, 2020, or later. this webinar also provided best practices and helpful tips for preparing and submitting h 2b applications for temporary employment certification (form eta 9142b and appendices) using the foreign labor application gateway system. the presentation materials are now available on the h 2b temporary non agriculture program page of the oflc website and at the hyperlink below. important reminder: employers are reminded that they should file only one application for the same job opportunity. with limited exception, under 20 cfr 655.15(f) , only one application for temporary employment certification (form eta 9142b and appendices) may be filed for worksite(s) within one area of intended employment for each job opportunity with an employer for each period of employment. oflc will review and process only the application that is filed first, according to its timestamp. if oflc identifies multiple applications that appear to have been filed for the same job opportunity, oflc will consider the first application filed in timestamp order   irrespective of randomization group assignments   as the official application submitted by (or on behalf of) the employer. oflc will issue a notice of deficiency on the first application reviewed ( i.e., the application that is randomized closest to the top of the processing order) to require the employer to establish a bona fide need for all potentially duplicative applications. employers that fail to establish a bona fide need for each of the applications will receive a non acceptance denial for each application identified as a duplicate and received after the application that was filed first. any necessary corrections or amendments should be made to the first application filed. for further information on requesting a correction or amendment of an h 2b application before a final determination is issued, please refer to h 2b frequently asked questions round 11 . as part of the department's technology modernization initiative, the foreign labor application gateway (flag) system and seasonaljobs.dol.gov were developed to replace the legacy icert system, improve customer service, and modernize the administration of foreign labor certification programs. the office of foreign labor certification is making this public service announcement to alert employers and other interested stakeholders that the public job registry, which is a repository of temporary and seasonal jobs maintained through the icert system, will be decommissioned and transitioned to seasonaljobs.dol.gov . beginning on december 27, 2019 , members of the general public interested in obtaining information on temporary and seasonal jobs approved under the h 2a and h 2b visa programs will be redirected to seasonaljobs.dol.gov . initially launched in december 2018, seasonaljobs.dol.gov is a mobile friendly online portal that is designed to help americans identify and apply for open seasonal and temporary jobs. in addition to providing more robust and personalized search capabilities that tailor results to the geographic location of american job seekers, this site makes it easier to integrate employment postings with third party job search websites to make these job opportunities more accessible to job seekers. as part of the office of foreign labor certification's (oflc) ongoing efforts to increase compliance assistance outreach and technical assistance to the stakeholder community, oflc is making available a series of presentations developed by its national processing centers highlighting recent trends in workload and identifying key filing issues and best practices. please click the links below to access each presentation: the office of foreign labor certification (oflc) is publishing an updated list of the names of foreign labor recruiters for the h 2b program (as required by 20 cfr § 655.9(c) ). the list contains the name and location of persons or entities hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their form eta 9142b, h 2b application for temporary employment certification. the h 2b foreign labor recruiter list includes cases filed from october 1, 2018, through september 30, 2019. the list for fy 2019 is published in two parts. the fy 2019 1st 3rd quarter h 2b foreign labor recruiter list includes foreign labor recruiters from h 2b applications filed on the previous version of the form eta 9142b. the fy 2019 4th quarter h 2b foreign labor recruiter list includes foreign labor recruiters identified in appendix c of h 2b applications filed on the current version of the form eta 9142b. by publishing the foreign labor recruiter list, oflc is ensuring greater transparency for the h 2b worker recruitment process and facilitating information sharing between the u.s. department of labor and other agencies. the office of foreign labor certification (oflc) invites stakeholders to participate in a webinar that provides best practices and helpful tips for preparing h 2b applications for temporary employment certification (form eta 9142b and appendices). the webinar will discuss: details of the webinars are as follows: date: wednesday, december 11, 2019 start time: 2:30 p.m. eastern time (lasting approximately 1 hour) link: https://dolevents.webex.com/dolevents/onstage/g.php?mtid=e029d7497a8ae370163092626c24da188 meeting password: welcome!68 call in information: please note: webinars are limited to 1,000 participants. the office of foreign labor certification perm, h 2a, h 2b, prevailing wage, cw 1, and h 1b program disclosure data files for quarter 4 of fy 2019 are now available. click here to access the disclosure files and corresponding record layouts. the office of foreign labor certification (oflc) has posted updated program factsheets containing the quarter 4 fy 2019 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , cw 1 transitional worker program in the commonwealth of the northern mariana islands , and h 2b temporary non agricultural visa program . reports are derived from program data as of 9/30/2019. the updated program factsheets may also be found on oflc's performance data page . the office of foreign labor certification (oflc) has posted a set of faqs, round 14, related to h 2a applications for temporary employment certification under the 2010 h 2a final rule. these faqs address questions related to the definition of agricultural labor or services for h 2a program purposes. to access the round 14 faqs, please click here . all forms associated with the cw 1 transitional worker program in the commonwealth of the northern mariana islands , contain an expiration date of september 30, 2019. the department is seeking approval from the office of management and budget to extend these application forms in one month increments starting october 2019. employers are permitted to continue filing applications for cw 1 applications for labor certifications and prevailing wage determinations in connection with the cw 1 program using the current forms, including any approved one month extensions, starting october 2019. as part of the department's technology modernization initiative, the flag system has been developed to replace the legacy icert system, improve customer service, and modernize the administration of foreign labor certification programs through the employment and training administration's office of foreign labor certification (oflc). oflc is making this public service announcement to alert employers and other interested stakeholders about implementation of its new flag system for the labor condition application (lca) programs covering the h 1b, h 1b1, and e 3 visa classifications. electronic filing of form eta 9035e, labor condition application for nonimmigrant workers technical assistance materials & instructional webinar oflc has created instructional videos to help educate the stakeholder community on how to create and manage a flag system account and prepare the form eta 9035e. to obtain more information and view these instructional videos, please visit the lca program page on the flag system. the new videos will be posted no later than friday, september 13, 2019 . additionally, oflc will host an instructional webinar on wednesday, september 18, 2019, to provide technical assistance to employers and authorized attorneys or agents on how to prepare the form eta 9035e using the new flag system. details of the webinars are as follows: date: wednesday, september 18, 2019 2:00 p.m. eastern time link: https://dolevents.webex.com/dolevents/onstage/g.php?mtid=e2547a36864b207335bad0d74f0abf45a meeting password: welcome!24 conference call in number: 888 469 1548 participant passcode: 2477817 please note: webinar is limited to 1,000 participants. the office of foreign labor certification (oflc) announced changes to the forms and the online filing process for the h 2a temporary agricultural program. on august 22, 2019, the office of management and budget (omb) approved revisions for form eta 9142a, application for temporary employment certification , and appendix a, h 2a assurances and obligations . this approved package includes a newly designed form eta 790/790a, h 2a agricultural clearance order , to collect information about the employer’s agricultural job opportunity in an electronically fillable and fileable format, reducing the need for employers to submit "paper based" job orders to state workforce agencies (swas). omb also approved form eta 9142a, final determination: h 2a temporary labor certification approval , which allows oflc to begin issuing h 2a temporary labor certification approvals electronically to employers and, if applicable, their authorized attorneys or agents. the following schedule outlines when the new and updated forms will be used, as well as the migration from the icert to flag system . electronic filing schedule for new h 2a application forms beginning september 4, 2019 (at 12:00 p.m. eastern time): transition schedule for submitting h 2a applications in the icert and flag systems beginning on october 1, 2019 (at 12:00 p.m. eastern time): beginning on october 16, 2019 (at 12:00 p.m. eastern time): technical assistance materials and instructional webinar oflc has created instructional videos to help educate the stakeholder community on how to create and manage a flag system account and prepare the new h 2a application forms. to obtain more information and view these instructional videos, please visit the h 2a program page on the flag system. the new videos will be posted no later than september 6, 2019. additionally, oflc will host an instructional webinar on tuesday, september 10, 2019 , to provide technical assistance to employers and authorized attorneys or agents on how to prepare the new h 2a application forms using the new flag system. details of the webinars are as follows: date: tuesday, september 10, 2019, 2:00 p.m. eastern time link: https://dolevents.webex.com/dolevents/onstage/g.php?mtid=ee295e97298ca28d44eceb0443347c774 meeting password: welcome!68 conference number: 1 800 369 3357 participant passcode: 4532103 please note: webinar is limited to 1,000 participants. the office of foreign labor certification (oflc) has released updated program fact sheets containing the selected statistics for the 3rd quarter of fy 2019 for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . these reports reflect program data through june 30, 2019. these fact sheets can also be found on oflc's performance data page . fact sheets for the cw 1 nonimmigrant visa program will be released beginning in the 4th quarter of fy 2019; however, program information for the cw 1 program can be found in the 3rd quarter public disclosure data file . the office of foreign labor certification has released disclosure data files for the perm, h 2a, h 2b, prevailing wage, h 1b, and cw 1 programs for the 3rd quarter of fy 2019 . the department will perform routine maintenance on oflc's website, https://foreignlaborcert.doleta.gov/ , which will require a temporary outage from friday, august 2, 2019, 3:00 p.m. eastern time until tuesday, august 6, 2019, 8:00 a.m. eastern time. system users will not be able to access oflc's website during this time. oflc's case processing systems flag, icert, and perm will continue to operate and be available for use. we apologize in advance for any inconvenience this may cause and thank you for your patience. the department of labor (dol) published a notice of proposed rulemaking (nprm) in the federal register to modernize and improve the h 2a program to include proposals that, among other things, would streamline and simplify the application process, strengthen protections for u.s. and foreign workers, and expand access to the h 2a program by revising the definition of agricultural labor to include employers engaged in reforestation and pine straw activities. the department seeks public comment on the nprm on or before september 24, 2019 . to obtain a copy of the nprm published in the federal register , please click here . on july 1, 2019, the office of foreign labor certification (oflc) published the latest prevailing wage data from the occupational employment survey as generated by the bureau of labor statistics (bls) for use july 2019 june 2020. updates include: please direct any questions or comments regarding the effect of the bls updates on the prevailing wage determination process to the national prevailing wage center help desk via email at flc.pwd@dol.gov . furthering the agenda to help america's farmers, the department of labor (the department), employment and training administration and wage and hour division, today is posting online a notice of proposed rulemaking (nprm) to solicit public comment on proposed changes to improve the h 2a temporary agricultural labor certification program. these proposed changes would modernize the department's h 2a regulations in a way that is responsive to stakeholder concerns and enhances employer access to a legal source of agricultural labor, while maintaining the program's protections for the u.s. workforce and enhancing enforcement against fraud and abuse. the nprm includes several major proposals that would streamline and simplify the h 2a application process, strengthen protections for u.s. and foreign workers, and ease unnecessary burdens on employers. for example, the nprm would streamline the h 2a application process by mandating electronic filing of job orders and applications, promoting the use of digital signatures, and providing employers with the option of staggering the entry of h 2a workers on a single application. the nprm also proposes to strengthen protections for u.s. and foreign workers by enhancing standards applicable to rental housing and public accommodations, strengthening surety bond requirements, expanding the department's authority to use enforcement tools like program debarment for substantial violations of program rules, and updating the methodologies used to determine the adverse effect wage rates and prevailing wages to ensure u.s. workers similarly employed are not adversely impacted. finally, the nprm would expand access to the h 2a program by revising the definition of agricultural labor or services to include employers engaged in reforestation and pine straw activities, as workers performing these services share many of the same characteristics as traditional agricultural crews. the proposal would also codify and update procedures governing the certification for job opportunities in animal shearing, custom combining, beekeeping, and reforestation. the department is posting a copy of the nprm in advance of its publication in the federal register . a copy of the nprm can be found by clicking here . note : this version of the proposed regulations may vary slightly from the published document if minor technical or formatting changes are made during the review by the office of the federal register. only the version published in the federal register is the official proposed regulation. to keep the public informed regarding the submission and assignment of h 2b applications for review, the office of foreign labor certification (oflc) is announcing the assignment group(s) for 493 h 2b applications covering 12,098 worker positions with the start date of work of october 1, 2019 randomly selected for assignment. in accordance with procedures outlined in the department's process change announcement of february 26, 2019 , oflc successfully completed the randomization process on july 8 and assigned to npc analysts all of the h 2b applications placed in assignment group a for issuance of notices of deficiency or acceptance. because the total number of h 2b applications contain an insufficient number of workers positions to reach the first semiannual visa allotment (i.e., 33,000), no other assignment groups were created. additionally, on july 8, 2019, oflc provided written notice to each employer and, where applicable, the employer's authorized attorney or agent informing them about the assignment group for their application(s). to view the list of h 2b applications contained in assignment group a, click here . on thursday, july 11, 2019, the department will be performing routine maintenance on the perm system, which will require a temporary outage from 8:00 p.m. to 11:00 p.m. eastern time. system users will not be able to access the perm system during this time. we apologize in advance for any inconvenience this may cause and thank you for your patience. the department of labor's (department) office of foreign labor certification (oflc) is making this public service announcement to alert employers and other interested stakeholders about implementation of its new foreign labor application gateway (flag) system for the h 2b program. on july 3, 2019, oflc, in collaboration with the department's office of the chief information officer, successfully launched a new h 2b electronic filing module within the flag system to support employers seeking temporary labor certification to employ h 2b workers starting on or after october 1, 2019. as of 3:00 p.m. eastern time today, oflc has received approximately 326 h 2b applications covering more than 7,942 worker positions with no service interruptions . additionally, the department deactivated the ability to file h 2b applications in the legacy icert system as of midnight today. the department recognizes that technology is a key enabler for oflc to deliver the highest quality customer service, and implementing the flag system will ensure our technology capabilities are modern, secure, and resilient. following the temporary service interruptions of january 1, 2019, the flag system modernization effort for the h 2b program was initiated in late march 2019 with the goal to replace the legacy icert h 2b module and provide improved and streamlined external customer experience starting with the fiscal year (fy) 2020 visa allotment season. the department is pleased to announce that it met this goal by developing and deploying this new modernized solution using cloud based technology. to support implementation of the flag system's h 2b electronic filing module, oflc delivered a series of public webinars and provided instructional videos in june 2019 to educate stakeholders on how to obtain and manage user accounts and prepare for submission of new h 2b applications forms beginning july 3, 2019. finally, for stakeholders who may experience any technical issues, the flag system offers a new automated "ticketing system" so customers can more efficiently request assistance and receive a unique service ticket number to effectively track resolution of their request. on july 8, 2019, the department will randomly select for assignment and processing all cases received between july 3rd and july 5th for october 1, 2019, employment start dates for the first half of the fy 2020 h 2b statutory cap, fully implementing the department's process change announcement of february 26, 2019 , and efforts to provide a more equitable application process. the office of foreign labor certification (oflc) reminds stakeholders of important changes for the electronic filing of the h 2b application for temporary employment certification form (form eta 9142b). the office of foreign labor certification received an updated cw 1 wage survey from the governor of the commonwealth of northern mariana islands (cnmi), including updates to the wages provided in the initial survey. oflc has approved the governor’s second survey for 291 occupations and will begin issuing updated prevailing wages beginning july 1, 2019 for the occupations covered by the second survey. oflc will post the updated cw 1 wage table under the "prevailing wage information" tab on the cw 1 program page but will not apply the updated wages until july 1, 2019. the posting of the updated cw 1 wage table will coincide with the bureau of labor statistics, occupational employment statistics program wage updates that occur on july 1 of each year. on friday, june 28, 2019, the department will be performing routine maintenance on the icert system, which will require a temporary outage from 8:00 p.m. to 11:00 p.m. eastern time. system users will not be able to access the icert system during this time. we apologize in advance for any inconvenience this may cause and thank you for your patience. as part of the u.s. department of labor's compliance assistance and technology modernization initiatives, the foreign labor application gateway (flag) system will replace the icert system in order to improve customer service and modernize the foreign labor certification process. with regards to the h 2b program, this enhanced platform will be effective on july 3, 2019. the employment and training administration's office of foreign labor certification invites stakeholders to participate in a webinar demonstrating the flag system and provide an opportunity for stakeholders to ask questions through an online chat room. information regarding the flag system demonstration is as follows: date: friday, june 21, 2019, 2:00 p.m. eastern time link: https://dolevents.webex.com/dolevents/onstage/g.php?mtid=e1945aff71eb8dcc31c42eb16f481729f meeting password: welcome!68 call in information: conference number: 1 800 369 1976 participant passcode: 2810956 please note: webinars are limited to 1,000 participants. the office of foreign labor certification (oflc) has received omb approval for revisions to the h 2b application for temporary employment certification (form eta 9142b) and corresponding appendices, and related forms and instructions. these revisions will better align information collection requirements with the department's regulations, provide greater clarity to employers on regulatory requirements, standardize and streamline information collection to reduce employer time and burden preparing applications, and promote greater efficiency and transparency in oflc's review and issuance of labor certification decisions under the h 2b program. this new form must be used for all new h 2b applications beginning july 3, 2019. to obtain a copy of the new h 2b application form and its instructions, please click here . transition schedule for submitting the new h 2b application forms electronic filing of the new h 2b application forms in the flag system technical assistance materials & webinars oflc has created instructional videos to help educate the stakeholder community on how to create and manage a flag system account and prepare the form eta 9142b and corresponding appendices. to obtain more information and view these instructional videos, please visit the h 2b program page on the flag system at https://flag.dol.gov/ . the new videos will be posted on june 7, 2019. additionally, oflc will host webinars on june 13, 2019, to provide technical assistance to employers and authorized attorneys or agents on the changes to the h 2b application forms. details of the webinars are as follows: date: june 13, 2019 time: 10:00 a.m. eastern time and 2:00 p.m. eastern time webinar links: 10:00 a.m. eastern time: https://dolevents.webex.com/dolevents/onstage/g.php?mtid=e485b340b4f791da058493683c7b26216 2:00 p.m. eastern time: https://dolevents.webex.com/dolevents/onstage/g.php?mtid=e20df031b64d7816654e330548ae487a9 meeting password: welcome!24 both meetings will use this call in information: conference number: 1 888 790 3323 participant passcode: 8418168 please note: each of the webinars is limited to 1,000 participants. the icert system will be unavailable during the following time period for system maintenance: thursday, june 6, 2019 from 8:00 pm to 11:00 pm edt. as part of the department’s technology modernization initiative, the flag system is being developed to improve customer service and modernize the administration of foreign labor certification programs through the employment and training administration’s office of foreign labor certification (oflc). technology is a key enabler for oflc to deliver the highest quality customer service, and implementing the flag system will ensure our technology capabilities are modern, secure, and resilient. flag system implementation: form eta 9141 important reminder : oflc’s national prevailing wage center (npwc) will process all form eta 9141s submitted through the icert system before 12:00 a.m. eastern time, monday, june 10, 2019, and stakeholders will still be able to access their icert system accounts to check the status of their applications and obtain prevailing wage determinations. technical assistance materials oflc has developed a series of instructional videos to help educate the stakeholder community on how to create and manage a flag system account and content to prepare the form eta 9141 for submission to the npwc. to obtain more information and view these instructional videos, please visit the prevailing wage program page on the flag system at https://flag.dol.gov/ . new videos will be posted friday, june 7, 2019. the h 2a application for temporary employment certification, form eta 9142a and appendix a, and the application for prevailing wage determination, form eta 9141, are set to expire on may 31, 2019. the department is seeking approval from the office of management and budget (omb) to extend these application forms in one month increments starting june 2019. until omb grants approval, employers are permitted to continue filing h 2a and prevailing wage applications using the current forms, including any approved one month extensions, starting june 1, 2019. the office of foreign labor certification has developed faqs for the implementation of the department of labor’s cw 1 interim final rule governing the cw 1 prevailing wage determination and temporary labor certification processes. the faqs are posted on the cw 1 program page here . the direct link to the faqs may be found here . as part of the office of foreign labor certification’s (oflc) ongoing efforts to increase public outreach and technical assistance to the stakeholder community, oflc is making available a series of presentations developed by its national processing centers highlighting recent trends in workload and identifying key filing issues and best practices. as part of the department’s it modernization initiative, oflc is also making available a general presentation on its new flag labor application gateway (flag) system, which is designed to continuously improve oflc business processes and stakeholder experience with our services. for more information on the flag system, please click here . please click the hyperlinks below to access each presentation. the department is issuing this announcement that perm round 14 faq regarding perm withdrawals, requests for reconsideration or balca review, and pay differentials (cost of labor adjustments) has been posted. to access the new faqs, please click here . the office of foreign labor certification (oflc) received a cw 1 wage survey from the governor of the commonwealth of the northern mariana islands (cnmi) covering 84 occupations. oflc has approved the governor's survey and started issuing cw 1 prevailing wage determinations today using the survey wages for occupations covered by the governor's survey. oflc has also posted the survey wages under the "helpful links" tab on the cw 1 program page . the office of foreign labor certification (oflc) has published form eta 9142 b caa 3 and the accompanying instructions in support of the temporary rule jointly issued by the department of homeland security and the department of labor, titled "exercise of time limited authority to increase the fiscal year 2019 numerical limitation for the h 2b temporary nonagricultural worker program." the temporary rule was published in the federal register on may 8, 2019, with an immediate effective date. the secretary of homeland security has decided, after consultation with dol, to increase the h 2b cap for fy 2019 by up to 30,000 additional visas for american businesses that are likely to suffer irreparable harm (that is, permanent and severe financial loss) without the ability to employ all of the h 2b workers requested on their respective petitions before the end of fy 2019. the temporary rule requires an employer to conduct additional recruitment of u.s. workers when it submits a request to dhs for h 2b visas made available by the regulation if the employer submits that request to dhs more than 45 days after the start date of need listed on the temporary labor certification issued by dol. the temporary rule also requires that, for purpose of the fy 2019 one time increase, any h 2b nonimmigrants falling under this cap increase be limited to returning workers who were issued an h 2b visa or were otherwise granted h 2b status in fy 2016, 2017, or 2018. this attestation must be submitted to the united states citizenship and immigration services along with form i 129, in support of an h 2b application subject to the h 2b cap before the end of fiscal year 2019. the attestation is also available on the forms and instructions section of the oflc website found at: https://www.foreignlaborcert.doleta.gov/form.cfm. the office of foreign labor certification (oflc) has posted updated program factsheets containing the quarter 2 fy 2019 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 3/31/2019. the updated program factsheets may also be found on oflc's performance data page. the office of foreign labor certification perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 2 of fy 2019 are now available. click here to access the disclosure files and corresponding record layouts. the icert system will be unavailable during the following time period for system maintenance: thursday, may 2, 2019 from 8:00 pm to 11:00 pm edt. pursuant to 20 cfr § 655.9(c), the office of foreign labor certification (oflc) is publishing an updated list of the names of foreign labor recruiters and the identity and location of persons or entities hired by or working for the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their form eta 9142b, h 2b application for temporary employment certification . the h 2b foreign labor recruiter list includes cumulative cases filed from october 1, 2018 through march 31, 2019. by providing this foreign labor recruiter list, oflc is providing a greater level of transparency to the h 2b worker recruitment process and facilitating information sharing between the department and other agencies and the public. the list will be updated quarterly and can be accessed here . faqs regarding the foreign labor recruiter list have been posted as 2017 h 2b ifr faqs round 16 and can be accessed here . archived foreign labor recruiter lists may be found here . the icert and perm systems may be unavailable during the following time period for system maintenance: friday, april 12, 2019 from 10:00 pm edt to saturday, april 13, 12:00 pm edt. the perm system will be unavailable during the following time period for system maintenance: thursday, april 11, 2019 from 8:00 pm edt to 11:00 pm edt. publication of cw 1 ifr : on april 1, 2019, the office of the federal register published the department's ifr, as required by the northern mariana islands u.s. workforce act of 2018 (pub. l. 115 218). to read the full text of the cw 1 ifr in the federal register, please click here . the cw 1 ifr will become effective on april 4, 2019, at 12:00 a.m. eastern time . application forms to implement the cw 1 ifr : the office of management and budget (omb) has authorized use of the forms eta 9141c, application for prevailing wage determination and eta 9142c, application for temporary employment certification , and the accompanying general instructions to support implementation of the cw 1 ifr. to obtain a copy of the application forms, please visit the form and instructions section of the oflc website here . implementation of cw 1 electronic filing module : as required by the cw 1 ifr and except for employers that lack adequate access to electronic filing, either due to lack of internet access or physical disability, employers must use oflc's foreign labor application gateway (flag) system to file the omb approved application forms. employers are required to submit the form eta 9141c and obtain a valid prevailing wage determination (pwd) before filing the form eta 9142c requesting temporary labor certification. at 3:00 p.m. eastern time on april 1, 2019, oflc's flag system will permit employers and their authorized attorneys or agents to begin preparing requests for pwds in advance of the cw 1 ifr's effective date. however, employers will not be able to submit requests for pwds until the cw 1 ifr becomes effective on april 4, 2019, at 12:00 a.m. eastern time. to access oflc's flag system, please click here . as part of the office of foreign labor certification's (oflc) ongoing efforts to increase public outreach and awareness, and to provide the outreach and training required by the cnmi workforce act, oflc will host two webinars on march 28, 2019, and april 2, 2019 chamorro standard time (gmt+10). the webinars are designed to provide technical assistance to employers and, if applicable, their authorized attorneys or agents on how to complete and submit a cw 1 application for temporary employment certification. the content of both webinars will be the same. details of the webinars are as follows: date: march 28, 2019 & april 2, 2019 time: 8:00 a.m   9:30 a.m chamorro standard time or 6:00 p.m   7:30 p.m est (march 27, 2019 & april 1, 2019) march 28, 2019 chamorro standard time (march 27 est) webinar link: https://dolevents.webex.com/dolevents/onstage/g.php?mtid=ec8b22804075b9d3689d107f3b6ef5f1c april 2, 2019 chamorro standard time (april 1 est) webinar link: https://dolevents.webex.com/dolevents/onstage/g.php?mtid=e236a06b6c9f922d90384d08b3f60a6ce teleconference (both meetings can use the same numbers below) toll free phone number: 888 603 7040 toll number: 1 312 470 0014 participant passcode: 8026950 meeting password (both meetings): welcome!24 the employment and training administration (eta) of the department of labor has issued a notice in the federal register to announce the annual update to the allowable charges that employers seeking h 2a workers in occupations other than range herding may charge their workers when the employer provides three meals a day and the maximum travel subsistence meal reimbursement that a worker with receipts may claim under the h 2a and h 2b programs. the notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence. to read the notice, please click here . washington, dc   the department of labor (the department or dol) is posting an interim final rule (ifr) as required by the northern mariana islands u.s. workforce act of 2018 (workforce act), pub. l. 115 218 (july 24, 2018). dol is posting a copy of the ifr in advance of its publication in the federal register . a copy of the ifr can be found at https://www.foreignlaborcert.doleta.gov/pdf/cnmi_ifr.pdf . the ifr establishes the process by which an employer in the commonwealth of the northern mariana islands (cnmi) will obtain a prevailing wage and temporary labor certification (tlc) from the department for use in petitioning the department of homeland security (dhs) to employ a nonimmigrant worker in cw 1 visa status. as required by the workforce act, a tlc granted by the department serves as confirmation to dhs that an insufficient number of qualified u.s. workers are available to fill the employer's job opportunity in the cnmi, and the employment of a cw 1 worker will not adversely affect the wages or working conditions of similarly employed u.s. workers. the department's actions will help employers, through more robust domestic recruitment, find u.s. workers for positions the employers would otherwise seek to fill with cw 1 workers. the rule also establishes important protections for both cw 1 workers and u.s. workers in corresponding employment and ensures that no u.s. worker is placed at a competitive disadvantage compared to a cw 1 worker or is displaced by a cw 1 worker. several provisions will improve transparency between employers and workers, such as requiring employers to provide workers with detailed earnings statements on or before each payday, disclose all deductions from pay, and a copy of the work contract in a language understood by the workers. to protect the program from fraud and abuse, the department has authority to impose sanctions on employers who violate program requirements, such as more intensive or assisted recruitment requirements, revocation of a granted tlc, and debarment from all employment based immigration programs administered by the department for up to five years. the ifr will be effective on and after april 4, 2019, at 12:00 a.m. eastern time. the ifr will provide the public with a comment period, lasting 60 days from the date the ifr is published in the federal register, during which interested parties will be able to submit public comments on the rule. no cw 1 applications will be accepted until the ifr goes into effect on april 4, 2019. cw 1 employers will use the foreign labor application gateway (flag), which can be accessed at the following website: https://flag.dol.gov . the department will provide user guides and conduct informational webinars on the new system for the public beginning this week. in the coming weeks, the department will conduct outreach and provide materials on the new regulatory requirements for stakeholders interested in the cw 1 program, and further details on those outreach events and materials will be announced on the oflc website at www.foreignlaborcert.doleta.gov . in the meantime, interested stakeholders may obtain a detailed factsheet on the new regulations, https://www.foreignlaborcert.doleta.gov/pdf/cnmi_ifr_factsheet.pdf , as well as a copy of the ifr that will be published in the federal register , https://www.foreignlaborcert.doleta.gov/pdf/cw_ifr.pdf , at the enclosed links. note : these versions of the regulations may vary slightly from the published document if minor technical or formatting changes are made during the review by the office of the federal register. only the version published in the federal register is the official regulation. the department today announced updates to its procedures for processing h 2b applications. because of the intense competition for h 2b visas in recent years, the department's technology and available staff resources have been challenged to handle the increasingly large volume of h 2b applications filed on january 1 of each year. as a result of stakeholder comments and the most recent filing period in which the icert electronic filing system experienced a service disruption due to the large volume of system user requests, the department's office of foreign labor certification (oflc) reassessed its procedures for processing h 2b applications. today, oflc announced that all h 2b applications filed on or after july 3, 2019 will be randomly ordered for processing based on the date of filing and the start date of work requested. oflc will randomly order and assign for processing all of the h 2b applications requesting the earliest start date of work permitted under the semi annual visa allocation (i.e., october 1 or april 1) and filed during the first three calendar days of the regulatory time period for filing h 2b applications. once first actions are issued, oflc will randomly assign for processing all other h 2b applications filed on a single calendar day. oflc is seeking comments on this procedural change for a period of 30 calendar days from the date that the notice is published in the federal register. interested stakeholders may submit comments to h2breform.comments@dol.gov or thomas m. dowd, deputy assistant secretary, employment and training administration, u.s. department of labor, box ppii 12 200, 200 constitution avenue, nw, washington, dc 20210. oflc will review all of the comments received, make any changes it determines are appropriate, and issue a final announcement prior to july 3, 2019. stakeholders can access a full copy of the procedural announcement here . scheduled maintenance   presidents day weekend the u.s. department of labor will be conducting scheduled system maintenance beginning friday, february 15 at 5:00 p.m. et through tuesday, february 19 at 8:00 a.m. et. users should expect that oflc's website, https://www.foreignlaborcert.doleta.gov/ , and the icert and perm systems will be unavailable during the maintenance window. the department of labor (the department) published a 60 day notice in the federal register informing the public of proposed revisions to form eta 9141, application for prevailing wage determination , for the purpose of requesting public comments. the objectives of the form eta 9141 revisions are to better align information collection requirements with the department's current regulatory framework, streamline information collection across programs to reduce employer's time and burden in preparing applications, and promote greater efficiency and transparency in the office of foreign labor certification's (oflc) review and issuance of prevailing wage determinations. proposed changes to the form include addition of fields for the name and details of the attorney or agent filing the form on behalf of its employer client, formatted field for alternative requirements for the job opportunity instead of the current free text field, and addition of an appendix to standardize the collection of requests for prevailing wage determinations for multiple worksites. any written comments must be submitted in accordance with the federal register notice instructions. copies of the 60 day notice, supporting statement, and the proposed forms and instructions are provided below: the office of foreign labor certification has posted updated program factsheets containing the quarter 1 fy 2019 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 12/31/2018.the updated program factsheets may also be found on oflc's performance data page . the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 1 of fy 2019 are now available. click here to access the disclosure files and corresponding record layouts. pursuant to 20 cfr § 655.9(c), the office of foreign labor certification (oflc) is publishing an updated list of the names of foreign labor recruiters. the list also contains the identity and location of persons or entities hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their form eta 9142b, h 2b application for temporary employment certification. the h 2b foreign labor recruiter list includes cumulative cases filed from october 1, 2018 through december 31, 2018. by providing this foreign labor recruiter list, oflc is providing a greater level of transparency to the h 2b worker recruitment process and facilitating information sharing between the department of labor, other agencies, and the public. the list will be updated quarterly and can be accessed here . faqs regarding the foreign labor recruiter list have been posted as 2017 h 2b ifr faqs round 16 and can be accessed here . archived foreign labor recruiter lists may be found here . in continuing to keep the public well informed regarding submission and processing of h 2b applications for temporary employment certification and the icert system, the department of labor (the department) has the following updates: the department is processing applications according to procedures announced on june 1, 2018, whereby applications are assigned to analysts for processing based on the date and time at which the application was received into the system. under normal, pre established procedures, notices of acceptance and notices of deficiency will be issued on a rolling basis, and certifications will be issued as the employer meets all regulatory requirements. applicants' official receipt date and time are saved in the icert database and displayed on the applicants h 2b portfolio screen. this official date and time determines the order in which applications are assigned for processing. the department has received questions about the difference between timestamps displayed in icert and timestamps contained in emails confirming the submission of applications. when an applicant submits an application, the system generates a courtesy email to the applicant which confirms the submission. the date and time in the courtesy email, however, does not represent the official date and time of the applicant's submission . rather, it indicates the time at which the email was generated. to reiterate, the official date and time of each application may be viewed in the applicant's h 2b portfolio screen through the applicant's icert system account. the department undertook an after action analysis of the icert system's january 7, 2019 performance. through a review of the data logs, the department has determined that 186 applicants submitted the same application more than once in the icert system. because the icert database overwrites the previous date and time stamp when a new submission is made, the official date and time saved in the icert database is the date and time of the final submission. for these 186 applications, the department was able to determine the time of the first submission down to the second. for the 152 applicants with multiple submissions within the same second, the final time stamp to the millisecond is reflected in the official date and time. in the remaining 34 cases, the submissions were made outside of the same second. those applications are now at the first submission's second. these time stamps are reflected in the official receipt date and time that may be viewed on the h 2b portfolio screen through an icert system account. some users received an outage banner which delayed or blocked access to the h 2b page in the icert system. to increase processing capacity on january 7, 2019, the department scaled up icert infrastructure to 50 load balanced servers. one of the pathways to these servers did not allow access to the icert's h 2b module system at the 2:00 p.m. est opening of the system, and for approximately two and half hours thereafter. all icert users were randomly assigned to a server at log on as per a standard load balancing algorithm. as a result, users assigned to this particular pathway experienced the outage banner and may have been delayed from getting into icert's h 2b module. in addition, the department received questions regarding whether there was a restoration of data due to data corruption. there was no restoration of data from back up and no data corruption found connected to the system disruption of january 1, 2019. the department was notified that some applicants were missing certain required data or attachments from their applications. as per standard practice, applicants are encouraged to log into their icert accounts and verify that their applications are complete and accurate. if any attachments are missing, applicants may upload them at any time. if any required data fields on the eta 9142b are missing or inaccurate, applicants may contact the office of foreign labor certification (oflc) help desk at tlc.chicago@dol.gov and provide the relevant h 2b case number and explain the necessary corrections. in light of the unprecedented demand for h 2b labor certifications, the department is considering rulemaking changing the process by which applications are ordered for processing, including randomization and other methods. in the interim, the department welcomes comments and suggestions from the public on these matters. comments and suggestions should be directed to the h2breform.comments@dol.gov . the department of labor's (dol) office of foreign labor certification (oflc) is making this public service announcement to alert employers and other interested stakeholders about the high volume of applications received requesting temporary labor certification under the h 2b visa program. oflc has received for processing approximately 5,276 h 2b applications covering more than 96,400 worker positions . except where a statutory exemption applies, the department of homeland security (dhs) may only issue up to 33,000 h 2b visas for employers seeking to hire h 2b workers during the second half of fy 2019 (april 1 to september 30). this unprecedented level of employer requests for h 2b workers is nearly three times greater than the 33,000 semi annual visa allotment for fy 2019 permitted under the immigration and nationality act (ina). the oflc takes each request for temporary labor certification seriously and administers the labor certification program in a manner that protects the wages and working conditions of both h 2b and u.s. workers who support the seasonal workforce needs of u.s. small businesses, consumers, and communities. processing of h 2b applications in order to process this significant surge of applications in a more equitable manner and to clarify the time at which an application is received, oflc issued a public announcement on june 1, 2018, that it will sequentially assign h 2b applications to analysts based on the calendar date and time on which the applications are received (i.e., receipt date and time). receipt time will be measured to the millisecond, e.g., 12:00:00.000 a.m. oflc's technology servers are located in the eastern time zone; therefore, the time an application is received and assigned to analysts is based on eastern time (et). applications submitted from other time zones may be filed as early as 12:00:00.000 a.m. et. once assigned, the analysts will initiate review of each h 2b application in the order of receipt date and time, and in accordance with 20 c.f.r. 655.30. based on the analyst's review, the certifying officer (co) will authorize issuance of either a notice of acceptance (noa) under 20 c.f.r. 655.33 or a notice of deficiency (nod) under 20 c.f.r. 655.31. following issuance of noas and/or nods, the applications will be processed as each successive stage in the process is completed. employers receiving noas may proceed to meet the additional regulatory requirements, including recruitment of u.s. workers and submission of recruitment reports. employers receiving nods must correct any deficiencies and then receive a noa before proceeding to meet the additional regulatory requirements. as a result, for each application, analysts' review of nod responses and recruitment reports, and issuance of final decisions (certifications and denials) will follow in the order in which each sequential step required by the regulations is concluded, irrespective of the receipt time of the application. as required, oflc will grant temporary labor certification only after the employer's h 2b application has met all the requirements for approving labor certification under 20 cfr 655.50 and the subpart. in accordance with regulatory requirements, oflc will send all certified h 2b applications to the applicant by means normally assuring next day delivery. oflc will issue rejections, withdrawals, and denials of labor certification applications as each determination is made by the co. background on statutory limit of h 2b visas the ina set at 66,000 the annual number of aliens who may be issued h 2b visas or otherwise provided h 2b nonimmigrant status by the dhs to perform temporary non agricultural work. up to 33,000 h 2b visas may be issued in the first half of a fiscal year (october 1 to march 31), and the remaining annual allocation will be available for employers seeking to hire h 2b workers during the second half of the fiscal year (april 1 to september 30). if insufficient petitions are approved to use all h 2b numbers in a given fiscal year, the unused numbers cannot be carried over for petition approvals in the next fiscal year. on december 12, 2018, the dhs united states citizenship and immigration services (uscis) announced that the first half of the annual number of h 2b visas for fiscal year (fy) 2019 was reached and, except where a statutory exemption applies, uscis will reject new h 2b petitions requesting an employment start date on or before march 31, 2019. in accordance with the ina, uscis will accept new h 2b petitions for the remaining 33,000 visas available for fy 2019 where the employer has received a temporary labor certification from the dol and requests an employment start date on or after april 1, 2019. last operating status : the department's icert rapid response team has continued to monitor the icert system, which has consistently been open for service since 2:00 p.m. est and successfully handled the submission of approximately 5,021 h 2b applications covering more than 92,400 workers positions for an april 1, 2019, start date of work within the first two hours of operation . application filing services through the icert system will remain open and the department will continue to closely monitor the situation. operating status : the department's icert rapid response team has continued to monitor the icert system, which has now successfully handled the submission of approximately 4,749 h 2b applications covering more than 87,900 workers positions for an april 1, 2019, start date of work within the first one hour of operation . application filing services through the icert system will remain open and the department will continue to closely monitor the situation. operating status : the icert system for application processing opened for service promptly at 2:00 p.m. est today. the department's icert rapid response team continuously monitored the system's server capacity, which successfully handled the submission of approximately 4,195 h 2b applications covering more than 79,500 workers positions for an april 1, 2019, start date of work within the first 30 minutes of operation . application filing services through the icert system will remain open and the department will continue to closely monitor the situation. the icert system for application processing is scheduled to open at 2:00 p.m. est on monday, january 7, 2019. the department has enhanced system capacity and performed intensive testing and performance tuning on the icert system to simulate the expected activity of a large number of simultaneous system users. out of an abundance of caution, the department is prepared to activate an emergency application filing process, called the h 2b case submission ticketing portal, in the unlikely event a system disruption occurs or the department determines that it is prudent to activate. during the stakeholder conference call held on friday, january 4, 2019, the department committed to providing the stakeholder community with procedural information on the emergency application filing process before 12:00 p.m. est today. accordingly, the department provided icert system account holders, who have a pending h 2b application containing a start date of work on or after april 1, 2019, with step by step instructions for using the h 2b case submission ticketing portal. the electronic mail (e mail) communications were issued throughout the early morning hours today. to view a sample of the electronic communication sent to icert system account holders with a pending h 2b application, please click here . important reminder: this web service portal will only be activated in the event of an emergency or the department's determination that it is prudent to activate and upon electronic notice from the department through the icert system website ( https://icert.doleta.gov ). the department held a conference call on friday, january 4, 2019, to update stakeholders on the status of the icert system and timeline to restore services at 2:00 p.m. est on monday, january 7, 2019 . the department is issuing this announcement in response to specific questions regarding passwords for the icert system. to access the new faqs, please click here . the icert system for application processing is tentatively scheduled to open at 2:00 p.m. est on monday, january 7, 2019. today, the u.s. department of labor held a conference call to update stakeholders on the status of the icert system. the department is confident the icert system will open for service at 2:00 p.m. eastern on monday, january 7, 2019. the department is issuing this announcement in order to respond to important questions stemming from today's conference call impacting the broader stakeholder community. to access the faqs, please click here . due to an unprecedented volume of simultaneous system users that included applications for 97,800 workers on january 1, 2019, the legacy icert system experienced a failure preventing applications for h 2b temporary labor certifications from being submitted to the department. the department's icert rapid response team has been working non stop to address all issues. steps taken to recover and restore stability to the icert system include: the h 2b program is statutorily limited to 66,000 worker positions annually with 33,000 allocated to each half of the fiscal year. h 2b applications are date and time stamped to establish the order of submission, because of the demand for the program. a huge surge in user activity is expected upon the reopening of the icert system on january 7, especially in the first 15 minutes. the non h 2b users should not attempt to log into the system until 3:00 p.m. the department's icert rapid response team will be monitoring the system's servers continuously when services are restored. out of an abundance of caution, we have established and will be prepared to activate a backup solution should an unlikely new system disruption occur. we understand how important our programs are for employers and realize this workforce is critical to meeting the seasonal needs of many employers across the nation. the icert system for application processing is tentatively scheduled to open at 2:00 p.m. est on monday, january 7, 2019. the department is currently testing the system to process a record number of applicants. dol has made 50 servers available for processing, more than eight times as many as available for processing on january 1, 2019. to offer a further detailed update, senior leaders of the employment and training administration will be conducting a conference call tomorrow, friday, january 4, 2019 at 2:00 p.m est. to provide a further update on the status of the icert system. the conference call can be accessed by calling 1 888 946 6304 and using participant code 9462870. question : i am an h 2a employer impacted by the icert system failure that occurred in the early morning of january 1, 2019, and was not able to file my application 45 days before the start date of work. when system service is restored, will the chicago npc consider the recent system outage as a qualifying emergency? answer : yes. the department recognizes that some employers are not able to submit their h 2a applications at least 45 calendar days before the start date of work due to the temporary icert system outage. we consider this situation to qualify as good and substantial cause under 20 cfr 655.134. when the department has restored system service, employers with start dates of need less than 45 days from the date of restored service may file their h 2a applications with the chicago npc using emergency procedures and should include a statement that their request for a waiver of the regulatory timeframe for filing is based on the temporary icert system outage. question : i am an employer impacted by the icert system failure that occurred in the early morning of january 1, 2019. may i submit my h 2b application by mail to the chicago national processing center (npc)? answer : yes. in accordance with 20 cfr 655.15(c), an employer may submit the h 2b application for temporary employment certification and all required supporting documentation to the npc either electronically or by mail. an employer submitting by mail must send the h 2b application to the address listed below. office of foreign labor certification chicago national processing center 11 west quincy court chicago, il 60604 2105 attn: h 2b program unit the chicago npc does not accept hand delivered applications. question : i am an employer who mailed an h 2b application to the chicago npc and i understand from the department of labor's june 1, 2018, public announcement that applications are assigned to analysts based on the calendar date and time on which the applications are received. what procedures does the chicago npc use for mailed in applications and how are the receipt dates and times affixed to these applications? answer : the chicago npc receives two shipments of mail each business day; one at approximately 10:00am central standard time (cst) and a second one at 2:00pm cst. for each shipment received, consistent with standard operating procedures, the chicago npc opens each mail item and establishes a receipt date. the following summarizes how the chicago npc handles mailed in applications: important note: as a result of the process described above, applications sent by mail will generally be filed in the system more slowly. the opening of mail and subsequent timely entry of the mailed in applications is highly sensitive to the level of data entry resources available at the chicago npc. submitting identical applications electronically and by mail is also not recommended and it may delay the processing of your application. within the first five minutes of opening the semi annual h 2b certification process on january 1, 2019, the u.s. department of labor icert system had an unprecedented demand for h 2b certifications with more than 97,800 workers requested in pending applications for the 33,000 available visas. with more than thirty times the user demand on the icert system compared to last year on january 1, the icert system experienced a system disruption. the employment and training administration, working with the department of labor's office of the chief information officer, is working diligently to have the system ready within a few days to accept a record number of h 2b applications. enhancing system capacity and dealing with other factors such as the possible use of automated script programs during the application process are being addressed in icert to ensure certifications can be processed. as previously stated, the department will be giving at least 24 hours' notice before the icert system is re opened. a further update will be provided on thursday, january 3, 2019. the department of labor's (dol) office of foreign labor certification (oflc) is making this announcement to assure employers and other interested stakeholders that the temporary lapse in appropriations for some federal government programs and activities does not directly impact the administration of oflc programs. a full year appropriations through september 30, 2019, for all dol program and activities was enacted by congress on september 28, 2018. the oflc national processing centers and the icert system are open and operating as normally scheduled. the department of labor's office of foreign labor certification (oflc) is making this announcement to remind employers and other interested stakeholders that h 2b applications for temporary employment certification, form eta 9142b, with april 1, 2019, start dates may be filed no earlier than january 1, 2019 at 12:00:00.000 a.m. eastern time. applications with an april 1 start date that are filed before january 1, 2019 at 12:00:00.000 a.m. eastern time will be denied, and the employer will be required to refile its application. filers are reminded that oflc's technology servers are located in the eastern time zone; therefore, the time an application is received is based on eastern time. please reference the h 2b processing guidance that was previously published as an announcement on oflc's website on june 1, 2018, for additional information regarding oflc's processing of h 2b applications. the department of labor (dol) has published a notice in the federal register announcing the new aewr for herding or production of livestock on the range for the h 2a program. the aewr is the minimum wage rate dol has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment, so that the wages of similarly employed u.s. workers will not be adversely affected. the notice announces the new national monthly aewr for herding or production of livestock on the range. to access the notice please click here . the department of labor (dol) has published a notice in the federal register announcing the new aewr in each state to perform agricultural labor or service other than herding and production of livestock on the range for the h 2a program, based on the farm labor survey conducted by the u.s. department of agriculture. the aewr is the minimum wage rate dol has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment, so that the wages of similarly employed u.s. workers will not be adversely affected. the notice announces the new hourly aewr for each state. to access the notice please click here . the employment and training administration's office of foreign labor certification (oflc) is issuing clarifications to the non substantive changes to application forms for temporary labor certification under the h 2a and h 2b programs. the below frequently asked questions are intended to provide employers with assistance in completing section h, items h.6a, h.6b, and/or h.6c, before the application can be submitted. question : i am a small employer that does not maintain a website where u.s. workers can apply for my job opportunities. can i comply with the collection requirements in section h.6.c, forms eta 9142a and 9142b, by entering the website of the state workforce agency (swa) where i placed my job opportunity for recruiting u.s. workers? answer : yes. the general instructions for section h.6.c, forms eta 9142a and 9142b, require the employer to provide a website address where u.s. workers can apply, or enter "n/a" where no website address is available. the employer is also required to use a valid format when entering the website address, and the general instructions identify a number of valid website address suffixes, including those covering government agencies. because employers are required by regulation to place job orders with the swa and place other advertisements directing applicants to apply for the job opportunity at the nearest swa in the states in which their advertisements appear, and include contact information for the relevant swa in their advertisements, the employer may enter the website address of the swa where the job opportunity is posted in section h.6.c. employers are reminded to report swa referrals of qualified and available u.s. workers on their recruitment reports. question : i am completing my application and usually do not include a phone number, email address, or website address for the state workforce agency (swa) job order. do i need to edit my job order to include the same information in sections h.6.a, h.6.b., and h.6.c.? answer : no. the department will review the application along with the swa job order and issue a notice of deficiency (nod) where the employer or their authorized agents or attorneys provide contact information (e.g., phone, email, web site) that is different from that provided on the swa job order. for instance, if the employer or its authorized agent or attorney provides a phone number and email address as its contact information on the swa job order where u.s. workers can apply, and the information submitted on the forms eta 9142a or 9142b is different, a nod will be issued to provide the employer with an opportunity to correct the discrepancy. however, if an employer or its authorized agent or attorney provides other methods of contact information on the swa job order, such as a fax number and physical address, the department will not issue a nod but will view this as additional methods for u.s. workers to apply for the job. important notice: employers that have prepared cases in icert, but have not yet submitted them, will need to login to icert and complete section h, items h.6a, h.6b, and/or h.6c, before the application can be submitted. if two of the three items are not completed, employers will not be able to submit their application. the employment and training administration's office of foreign labor certification (oflc) will be implementing non substantive changes to application forms for temporary labor certification under the h 2a and h 2b programs. these changes are intended to offer greater assistance to prospective u.s. workers applying for job opportunities. employers that have prepared cases in icert, but have not yet submitted them, will need to take additional actions on their application . as of december 19, 2018, oflc implemented non substantive changes to section h, items h.6a, h.6b, and h.6c, on the forms eta 9142a and eta 9142b. these changes have been approved by the office of management and budget. specifically, the revised application forms require collection of the following information related to recruiting u.s. workers for the employer's job opportunity: (1) a phone number where u.s. workers can apply, (2) an email address where u.s. workers can apply, and (3) a website address where u.s. workers can apply. as per the instructions, an employer must provide a minimum of two of the three categories of information through which prospective u.s. workers can contact the employer and apply for the job opportunity. stakeholders can access a copy of the form instructions and revised forms eta 9142a and eta 9142b here . the h 2b application for temporary employment certification, form eta 9142b and all appendices, are set to expire on december 31, 2018. the department is seeking approval from the office of management and budget (omb) to extend these application forms in one month increments starting january 2019. until omb grants approval, employers are permitted to continue filing h 2b applications using the current forms, including any approved one month extensions, starting january 1, 2019. the revised form eta 9035/9035e powerpoint presentation can be accessed on the office of foreign labor certification's additional resources tab located here . also posted under the additional resources tab is a side by side comparison of the major form revisions and factsheet that provides further explanation of the revisions. on november 9, 2018, the department of labor (dol) published in the federal register a nprm to modernize the advertising requirements for the h 2a program. on november 9, 2018, dol also jointly published with the department of homeland security, a separate nprm proposing to modernize the advertising requirements for the h 2b program. both nprms provide for the submission of public comments through december 10, 2018. in response to requests to extend the comment period, dol has published subsequent notices in the federal register to extend both comment periods through december 28, 2018. the h 2a federal register notice can be accessed here: https://www.federalregister.gov/documents/2018/12/10/2018 26766/modernizing recruitment requirements for the temporary employment of h 2a foreign workers in the#addresses the h 2b federal register notice can be accessed here: https://www.federalregister.gov/documents/2018/12/10/2018 26767/modernizing recruitment requirements for the temporary employment of h 2b foreign workers in the as part of the office of foreign labor certification's (oflc) continuing efforts to increase public outreach and awareness, oflc will host a a webinar on wednesday, december 19, 2018, designed to provide technical assistance regarding the electronic helpdesk inquiry submission process associated with the permanent labor certification online system helpdesk module. details of the webinar are as follows: date: wednesday, december 19, 2018 time: 2:00 p.m. to 3:30 p.m. est link to the webinar: https://dol.webex.com/dol/j.php?mtid=m2474cd0ef88e547ee22c2a879c30f9d5 teleconference: 1 877 917 3612 attendee access code: 7763886 meeting password: welcome!68 the office of foreign labor certification (oflc) is announcing a new filing tip for employers submitting an h 2b form eta 9142b in connection with a future filed h 2b nonimmigrant petition that falls under section 1045 of the national defense authorization act (ndaa) for fiscal year 2019, as discussed in united states citizenship and immigration services (uscis) policy memorandum, pm 602 0164, for services or labor to be performed by h 2b workers in the commonwealth of the northern mariana islands (cnmi). an employer requesting h 2b temporary labor certification, whose job opportunity qualifies for the ndaa temporary need exemption described in pm 602 0164, should indicate such exemption in section b.9 (statement of temporary need) of the form eta 9142b in lieu of a temporary need statement. specifically, a qualifying employer should enter the following statement in section b.9: "n/a   job opportunity for services or labor to be performed by h 2b workers in the cnmi qualifies for ndaa temporary need exemption under uscis pm 602 0164." this standard language is designed to provide employers with an efficient and standard way to inform the oflc chicago national processing center that the job opportunity being requested for temporary labor certification is subject to the statutory exemption. as uscis will make the final decision as to whether an h 2b petition is covered by the provisions of section 1045 of the ndaa, and eligibility for the h 2b classification, employers are encouraged to review eligibility criteria carefully in pm 602 0164, which is available on uscis's website here: https://www.uscis.gov/sites/default/files/uscis/laws/memoranda/2018/2018 10 01 pm 602 0164 h 2b policy memorandum to interpret guam.pdf . please click here for guidance regarding reasonable case accommodations in light of the damage done by the california wildfires. as part of the office of foreign labor certification's (oflc) ongoing efforts to increase public outreach and awareness, oflc will host two additional webinars on november 28, 2018, designed to provide technical assistance to employers and, if applicable, their authorized attorneys or agents on how to complete and submit an lca using the revised form eta 9035/9035e. details of the webinars are as follows: date: november 28, 2018 time: 10:00 a.m.   11:00 a.m. est (webinar 1) 3:00 p.m.   4:00 p.m. est (webinar 2) link to 10:00 a.m. est presentation: https://dolevents.webex.com/dolevents/onstage/g.php? mtid=e23189a272278e5dceaf5f2ec6a656b3e link to 3:00 p.m. est presentation: https://dolevents.webex.com/dolevents/onstage/g.php? mtid=e8c7f5f0a2bc1942b02a0cfc906e88396 teleconference: toll free phone number: 888 955 8963 toll number: 1 517 308 9289 participant passcode: 5549214 meeting password: welcome!68 on november 15, 2018, the united states department of agriculture (usda) issued the farm labor survey (fls) report in which it established the average annual wage rates, by region and the united states, for field and livestock workers. the department of labor (department) relies on the average annual combined hourly wage for field and livestock workers in order to establish the adverse effect wage rates (aewr) in the h 2a program. the aewrs are the minimum hourly wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment, so that the wages of workers similarly employed in the united states will not be adversely affected. the department is reviewing the usda fls average annual wage rates for 2019 and will soon publish a notice in the federal register announcing new aewrs for each state. to obtain more information on the national agricultural statistic service (nass) surveys and reports, please call the nass agricultural statistics hotline at (800) 727 9540, 7:30 a.m. est to 4:00 p.m. est, or e mail: nass@nass.usda.gov . you can access a copy of the latest usda fls report . the department of labor (dol) published a notice of proposed rulemaking (nprm) in the federal register proposing to modernize the advertising requirements for the h 2a program. dol also published, jointly with the department of homeland security, a separate nprm proposing to modernize the advertising requirements for the h 2b program. more information about the nprms are available by clicking on h 2a program and h 2b program . the employment and training administration's office of foreign labor certification today implemented new enhancements to the icert system related to the submission of applications for temporary labor certification under the h 2a and h 2b programs. these enhancements are intended to improve customer service and increase the quality of applications submitted for processing. these enhancements include data validation checks designed to assist employers in preparing h 2a and h 2b applications according to the required form fields and instructions approved by the office of management and budget. specifically, employers preparing applications must ensure that each required field of the form eta 9142a, h 2a application for temporary employment certification, and eta 9142b, h 2b application for temporary employment certification, is completed before submitting to the national processing center for processing. as a reminder, the icert system helps employers prepare applications by displaying mandatory fields on the forms eta 9142a and 9142b with an asterisk (*), and conditional mandatory fields with a section symbol (§) where the response is conditioned on one or more previous form entries. in accordance with the secretary's june 6, 2017, news release , which calls for form changes to better protect american workers, confront fraud, and increase transparency, the office of foreign labor certification (oflc) is announcing revisions to the labor condition application (lca) information collection. the revisions include the eta form 9035/9035e, labor condition application for nonimmigrant workers, for h 1b, h 1b1, and e 3 nonimmigrants; form wh 4, nonimmigrant worker information form ; and all applicable instructions and electronic versions. the eta form 9035/9035e is used in the department of labor's (dol) employment based temporary immigration programs to request permission to bring foreign workers to the united states as nonimmigrants to perform certain work in specialty occupations or as fashion models of distinguished merit and ability. the wh 4 form is used to request that dol's wage and hour division initiate an investigation related to alleged violations of the h 1b, h 1b1, or e 3 program requirements. implementation procedures the department is updating the electronic filing system for the eta form 9035/9035e, and anticipates full implementation of the form on november 19, 2018. the existing eta form 9035/9035e remains valid and the public can continue to file it until november 19, 2018. employers or their authorized representatives filing the eta form 9035/9035e on or after november 19, 2018, must use the revised form approved by the office of management and budget. oflc will host two webinars on november 14, 2018, designed to provide technical assistance to employers and, if applicable, their authorized attorneys or agents in completing and submitting an lca using the revised eta form 9035/9035e. as part of the office of foreign labor certification's (oflc) ongoing efforts to increase public outreach and awareness, oflc will host two webinars on november 14, 2018, designed to provide technical assistance to employers and, if applicable, their authorized attorneys or agents in completing and submitting an lca using the revised eta form 9035/9035e. details of the webinars are as follows: date: november 14, 2018 time: 10:00 a.m.   11:00 a.m. est (webinar 1) 3:00 p.m.   4:00 p.m. est (webinar 2) link to 10:00 a.m. est presentation: https://dol.webex.com/dol/j.php?mtid=mc77b5aabb7e095b318ab08e8b3b7334f link to 3:00 p.m. est presentation: https://dol.webex.com/dol/j.php?mtid=m3962017f417afc545b90e3e7bbab91c4 teleconference: 800 779 7164 attendee access code: 4194887 meeting password: welcome!24 pursuant to 20 cfr § 655.9(c), the office of foreign labor certification (oflc) is publishing an updated list of the names of foreign labor recruiters. the list also contains the identity and location of persons or entities hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their form eta 9142b, h 2b application for temporary employment certification. the h 2b foreign labor recruiter list includes cumulative cases filed from october 1, 2017 through september 30, 2018. by providing this foreign labor recruiter list, oflc is providing a greater level of transparency to the h 2b worker recruitment process and facilitating information sharing between the department of labor, other agencies, and the public. the list will be updated quarterly and can be accessed here . faqs regarding the foreign labor recruiter list have been posted as 2017 h 2b ifr faqs round 16 and can be accessed here . archived foreign labor recruiter lists may be found here . the h 2b webinar presentation, hosted on september 14, 2018, is posted under the h 2b additional resources link on the office of foreign labor certification's h 2b visa program web page. you can access the h 2b temporary program and h 2b webinar september 14, 2018 at the following address https://foreignlaborcert.doleta.gov/pdf/h 2b_stakeholder_webinar_september_2018.pdf please click here for guidance regarding reasonable case accommodations in light of the damage done by typhoon yutu. the department of labor published a 60 day notice in the federal register announcing its intent to revise application forms, instructions, and other information collected under the h 2a temporary agricultural visa program. the proposed revisions are designed to better align information collection requirements with the department's h 2a regulations, provide greater clarity to employers on regulatory requirements, standardize and streamline information collection for employers preparing h 2a applications and job orders, and promote greater efficiency and transparency in the office of foreign labor certification's (oflc) review and issuance of labor certification decisions. in part, the department proposes revisions to the forms eta 9142a and eta 790 to eliminate redundancy by collecting the material terms and conditions of the job opportunity in a significantly revised eta 790 and eta 790a with addenda and incorporating standardized language for required employer assurances. any written comments must be submitted in accordance with the federal register notice instructions. copies of the 60 day notice, supporting statement, and the proposed forms are provided below: federal register notice the icert system will be unavailable during the following time period for system maintenance: thursday, october 18, 2018 from 8:00 pm et to 11:00 pm et. the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 4 of fy 2018 are now available. access to the disclosure files and corresponding record layouts are available on the oflc performance data page . the office of foreign labor certification has posted updated program factsheets containing the quarter 4 fy 2018 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 9/30/2018. the updated program factsheets may also be found on oflc's performance data page . please click here for guidance regarding reasonable case accommodations in light of the damage done by hurricane florence and hurricane michael. icert and perm systems will be unavailable during the following time period for system maintenance: friday, september 21 8:00 pm et through sunday, september 23, 2018 until 2:00 pm et. the perm system will be unavailable during the following time period for system maintenance: thursday, september 20, 2018 from 8:00 pm et until 11:00 pm et. please click here for guidance regarding reasonable case accommodations in light of the damage done by hurricane florence. the h 2a webinar presentation, hosted on august 23, 2018, is posted under the h 2a additional resources link on the office of foreign labor certification's h 2a visa program web page. you can access the h 2a temporary agricultural program and h 2a webinar august 2018 at the following address https://foreignlaborcert.doleta.gov/pdf/h 2a_webinar_august_2018.pdf . the department of labor published a 60 day notice in the federal register announcing its intent to revise application forms, instructions, and other information collected under the h 2b temporary nonagricultural visa program. the proposed revisions are designed to better align information collection requirements with the 2015 h 2b interim final rule, provide greater clarity to employers on regulatory requirements, standardize and streamline information collection for employers preparing h 2b applications, and promote greater efficiency and transparency in oflc's review and issuance of labor certification decisions. any written comments must be submitted in accordance with the federal register notice instructions. copies of the 60 day notice, supporting statement, and the proposed forms are provided below: federal register notice 60 day supporting statement proposed form eta 9142b general instructions proposed form eta 9142b proposed form eta 9142b appendix a proposed form eta 9142b appendix b proposed form eta 9142b appendix c proposed form eta 9142b appendix d proposed form eta 9142b e certification proposed form eta 9142b seafood attestation proposed form eta 9165 instructions proposed form eta 9165 proposed form eta 9155 instructions proposed form eta 9155 as part of the office of foreign labor certification's (oflc) on going efforts to increase public engagement, oflc will host a webinar on friday, september 14, 2018, designed to educate stakeholders, program users, and other interested members of best practices associated with filing an application with the h 2b labor certification program. our objective for this webinar is to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will provide stakeholders with helpful practice tips when submitting their h 2b applications for temporary labor certification to the chicago national processing center. date: friday, september 14, 2018 time: 2:00 pm to 3:00 pm est format: webinar & conference call capability will be provided to maximize participation telephone number: 888 324 8530 telephone passcode: 1210601 the perm business existence online registration process presentation, hosted on august 22, 2018, is posted under the perm webinars link on the office of foreign labor certification's permanent labor certification program web page. you can access the perm presentation directly. as part of the office of foreign labor certification's (oflc) on going efforts to increase public engagement, oflc will host a webinar on thursday, august 23, 2018, designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with the h 2a labor certification program. our objective for this webinar is to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will provide stakeholders with helpful practice tips when submitting their h 2a applications for temporary labor certification to the chicago national processing center. date: thursday, august 23, 2018 time: 2:00 pm to 3:30 pm est format: webinar & conference call capability will be provided to maximize participation telephone number: 888 989 9783 telephone passcode: 2923456 pursuant to 20 cfr § 655.9(c), the office of foreign labor certification (oflc) is publishing an updated list of the names of foreign labor recruiters. the list also contains the identity and location of persons or entities hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their form eta 9142b, h 2b application for temporary employment certification. the h 2b foreign labor recruiter list includes cumulative cases filed from october 1, 2017 through june 30, 2018. by providing this foreign labor recruiter list, oflc is providing a greater level of transparency to the h 2b worker recruitment process and facilitating information sharing between the department of labor, other agencies, and the public. the list will be updated quarterly. access the foreign labor recruiter list . faqs regarding the foreign labor recruiter list have been posted as 2017 h 2b ifr faqs round 16. archived foreign labor recruiter lists may be found here . as part of the office of foreign labor certification's (oflc) continuous efforts to enhance both internal and external customer service and increase public engagement, the oflc will host an online registration process webinar on wednesday, august 22, 2018. this webinar is specifically designed to educate our external customers (e.g. stakeholders, program users, and other interested members of the public) on identified best practices associated with the permanent labor certification program. additionally, our objective for this webinar is to provide general technical assistance that will provide stakeholders with helpful tips when submitting an online registration via the perm online system. please be advised that this webinar will not address case specific inquiries. date: wednesday, august 22, 2018 time: 2:00 pm to 3:30 pm eastern standard time format: webinar & conference call capability will be provided to maximize participation telephone number: 1 888 324 9242 telephone passcode: 9766277 the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 3 of fy 2018 are now available. access to the disclosure files and corresponding record layouts are available on the oflc performance data page . the office of foreign labor certification has posted updated program factsheets containing the quarter 3 fy 2018 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 6/30/2018. the updated program factsheets may also be found on oflc's performance data page . on july 1, 2018, oflc uploaded the newest prevailing wage data from the occupational employment survey as generated by the bureau of labor statistics for the year from july 2018   june 2019. the effective date is july 1, 2018. prevailing wage determinations issued from the national prevailing wage center will reflect the new data. the perm appeals webinar presentation, hosted on june 13, 2018, is posted under the perm webinars link on the office of foreign labor certification's permanent labor certification program web page. you can access the perm webinar directly. the department of labor's office of foreign labor certification (oflc) is making this announcement to inform employers and other interested stakeholders how h 2b applications for temporary employment certification , form eta 9142b, filed by employers on or after july 3, 2018, will be assigned to staff for review in accordance with 20 c.f.r. 655.30. background oflc continues to experience significant increases in the number of h 2b applications requesting temporary labor certification, and those submissions are generally received on the earliest day employers, seeking to obtain visas for their workers under the semi annual allotments, are permitted by regulation to file (i.e., 75 to 90 days before the start date of work). for example, in the past several second half semi annual filing cycles, the overwhelming majority of h 2b applications were received on january 1, which is the earliest date on which an h 2b application may be filed for a period of need beginning on april 1. because of the intense competition for h 2b visas in recent years, the semi annual visa allocation, and the regulatory timeframes for filing a request for temporary labor certification, stakeholders have also raised questions regarding the earliest time of day on which an application can be submitted to oflc. in order to process the significant surge of applications that oflc expects to receive in a short period of time during the semi annual visa allotment periods in a more equitable manner and to clarify the time at which an application is received, oflc will be implementing the following procedures. process announcement for h 2b applications filed on or after july 3, 2018, oflc will sequentially assign h 2b applications to analysts based on the calendar date and time on which the applications are received (i.e., receipt date and time). receipt time will be measured to the millisecond, e.g., 12:00:00.000 a.m. oflc's technology servers are located in the eastern time zone; therefore, the time an application is received and assigned to analysts is based on eastern time (et). applications submitted from other time zones may be filed as early as 12:00:00.000 a.m. et, as discussed below. once assigned, the analysts will initiate review of each h 2b application in the order of receipt date and time, and in accordance with 20 c.f.r. 655.30. based on the analyst's review, the certifying officer (co) will authorize issuance of either a notice of acceptance (noa) under 20 c.f.r. 655.33 or a notice of deficiency (nod) under 20 c.f.r. 655.31. following issuance of noas and/or nods, the applications will be processed as each successive stage in the process is completed. employers receiving noas may proceed to meet the additional regulatory requirements, including recruitment of u.s. workers and submission of recruitment reports. employers receiving nods must correct any deficiencies and then receive a noa before proceeding to meet the additional regulatory requirements. as a result, for each application, analysts' review of nod responses and recruitment reports, and issuance of final decisions (certifications and denials) will follow in the order in which each sequential step required by the regulations is concluded, irrespective of the receipt time of the application. as required, oflc will grant temporary labor certification only after the employer's h 2b application has met all the requirements for approving labor certification under 20 cfr 655.50 and the subpart. in accordance with regulatory requirements, oflc will send all certified h 2b applications to the applicant by means normally assuring next day delivery. oflc will issue rejections, withdrawals, and denials of labor certification applications as each determination is made by the co. instructive examples related to time zones applicants wishing to file their h 2b applications at the earliest possible time may begin filing at 12:00:00.000 a.m. et on the appropriate calendar day. as noted above, application receipt time is based upon et. receipt time is not based on the time zone covering the geographic location in which the applicant is filing, nor is it based on the time zone covering the geographic location in which the job is located. for example, applicants seeking to file an h 2b application from a location outside the eastern time zone at the earliest possible filing time for the first half semi annual filing cycle of fy 2019 should file at 12:00:00.000 a.m. et on july 3, 2018; not 12:00:00.000 a.m. in any other time zone in which that person is located on july 3, 2018. as noted above, receipt time will be measured to the millisecond. the following examples help illustrate how the receipt date and time will be recorded on h 2b applications filed with oflc: the labor condition application for nonimmigrant workers, form eta 9035/9035e has been extended through june 30, 2018. oflc's request for a three year extension is currently under review with the office of management and budget (omb). oflc will continue to extend the form in one month increments until approved by omb. for complete details see the federal register notice for omb control number 1205 0310. the office of foreign labor certification (oflc) has published eta form 9142 b caa 2 and the accompanying instructions in support of the temporary rule jointly issued by the department of homeland security and the department of labor, titled "exercise of time limited authority to increase the fiscal year 2018 numerical limitation for the h 2b temporary nonagricultural worker program." the temporary rule was published in the federal register on may 31, 2018, with an immediate effective date. the secretary of homeland security has decided, after consultation with dol, to increase the h 2b cap for fy 2018 by up to 15,000 additional visas for american businesses that are likely to suffer irreparable harm (that is, permanent and severe financial loss) without the ability to employ all of the h 2b workers requested on their respective petitions before the end of fy 2018. this attestation must be submitted to the united states citizenship and immigration services along with form i 129, in support of an h 2b application subject to the h 2b cap before the end of fiscal year 2018. the attestation is also available on the forms and instructions section of the oflc website found at: https://www.foreignlaborcert.doleta.gov/form.cfm the perm system will be unavailable during the following time period for system maintenance: thursday, may 31, 2018 from 8:00 pm et until 11:00 pm et. the office of management and budget granted the department approval of a three year extension for the form eta 9089 (1205 0451). the form eta 9089 is available on the foreign labor certification forms page. the departments perm online filing system will be updated in the coming weeks. once available, the department will notify the public. as part of the office of foreign labor certification's (oflc) continuous efforts to enhance both internal and external customer service and increase public engagement, the oflc will host an appeals webinar on wednesday, june 13, 2018. this webinar is specifically designed to educate our external customers (e.g. stakeholders, program users, and other interested members of the public) on identified best practices associated with the permanent labor certification program. additionally, our objective for this webinar is to provide general technical assistance that will provide stakeholders with helpful tips when submitting a perm appeals response to the atlanta national processing center. please be advised that this webinar will not address case specific inquiries. date: wednesday, june 13, 2018 time: 2:00 pm to 3:30 pm eastern standard time format: webinar & conference call capability will be provided to maximize participation telephone number: 800 619 9983 telephone passcode: 1185981 the h 2b prevailing wage webinar presentation on concepts for h 2b surveyors and general filing tips, hosted on april 3, 2018, is posted under the helpful filing tips on the office of foreign labor certification's h 2b web page, under prevailing wage information. you can access this presentation directly at https://www.foreignlaborcert.doleta.gov/2015_h 2b_ifr.cfm . due to planned maintenance, service interruptions and degraded performance may be possible for both the icert and perm systems from 8:00 pm edt on friday, april 20, 2018 until 11:00 pm edt on sunday, april 22, 2018. pursuant to 20 cfr § 655.9(c), the office of foreign labor certification (oflc) is publishing an updated list of the names of foreign labor recruiters. the list also contains the identity and location of persons or entities hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their form eta 9142b, h 2b application for temporary employment certification. the h 2b foreign labor recruiter list includes cumulative cases filed from october 1, 2017 through march 31, 2018. by providing this foreign labor recruiter list, oflc is providing a greater level of transparency to the h 2b worker recruitment process and facilitating information sharing between the department of labor, other agencies, and the public. the list will be updated quarterly and can be accessed here . faqs regarding the foreign labor recruiter list have been posted as 2017 h 2b ifr faqs round 16 and can be accessed here . archived foreign labor recruiter lists may be found here . the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 2 of fy 2018 are now available. access to the disclosure files and corresponding record layouts are available on the oflc performance data page . the office of foreign labor certification has posted updated program factsheets containing the quarter 2 fy 2018 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 3/31/2018.the updated program factsheets may also be found on oflc's performance data page . the employment and training administration (eta) of the department of labor has issued a notice to announce the annual update to the allowable charges that employers seeking h 2a workers in occupations other than range herding may charge their workers when the employer provides three meals a day and the maximum travel subsistence meal reimbursement that a worker with receipts may claim under the h 2a and h 2b programs. the notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence. to read the notice, please click here . as part of the office of foreign labor certification's (oflc) on going efforts to increase public engagement, oflc's npwc will host a webinar on tuesday, april 3, 2018 designed to educate surveyor's, stakeholders, program users, and other interested members of the public on h 2b surveyor concepts and general filing tips. the first hour will focus on information to surveyors and the second hour will have more general information for pwd requestors and employers. the perm webinar presentation, hosted on march 7, 2018, is posted under the perm webinars link on the office of foreign labor certification's permanent labor certification program web page. you can access the perm webinar directly. as part of the office of foreign labor certification's (oflc) continuous efforts to enhance both internal and external customer service and increase public engagement, the oflc will host a supervised recruitment webinar on wednesday, march 7, 2018. this webinar is specifically designed to educate our external customers (e.g. stakeholders, program users, and other interested members of the public) on identified best practices associated with the permanent labor certification program. additionally, our objective for this webinar is to provide general technical assistance that will provide stakeholders with helpful tips when submitting a perm supervised recruitment response to the atlanta national processing center. please be advised that this webinar will not address case specific inquiries. date: wednesday, march 7, 2018 time: 2:00 pm to 3:30 pm eastern standard time format: webinar & conference call capability will be provided to maximize participation telephone number: 888 282 0371 telephone passcode: 6854311 the perm system will be unavailable during the following time period for system maintenance: thursday, march 1, 2018 from 8:00 pm et until 11:00 pm et. pursuant to 20 cfr § 655.9(c), the office of foreign labor certification (oflc) is publishing an updated list of the names of foreign labor recruiters and the identity and location of persons or entities hired by or working for the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their form eta 9142b, h 2b application for temporary employment certification . the h 2b foreign labor recruiter list includes cumulative cases filed from october 1, 2017 through december 31, 2018. by providing this foreign labor recruiter list, oflc is providing a greater level of transparency to the h 2b worker recruitment process and facilitating information sharing between the department and other agencies and the public. h 2b foreign labor recruiter list will be updated quarterly. faqs regarding the foreign labor recruiter list have been posted as 2017 h 2b ifr faqs round 16 and can be accessed. archived foreign labor recruiter lists may also be found. the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 1 of fy 2018 are now available. access to the disclosure files and corresponding record layouts are available on the oflc performance data page . the office of foreign labor certification has posted updated program factsheets containing the quarter 1 fy 2018 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 12/31/2017.the updated program factsheets may also be found on oflc's performance data page . the department of labor's (dol) office of foreign labor certification (oflc) is making this announcement to alert employers and other interested stakeholders about a process change to better assure fairness regarding the issuance of h 2b temporary labor certifications due to the unprecedented volume of applications received on january 1, 2018. h 2b visas: statutory background and oflc process the immigration and nationality act (ina) sets the annual number of aliens who may be issued h 2b visas or otherwise provided h 2b nonimmigrant status by the department of homeland security (dhs) to perform temporary non agricultural work at 66,000. up to 33,000 h 2b visas may be issued in the first half of a fiscal year (october 1 to march 31), and the remaining semi annual allocation of 33,000 visas will be available for employers seeking to hire h 2b workers during the second half of the fiscal year (april 1 to september 30). this announcement concerns the processing of the h 2b temporary labor certification applications for the april 1   september 30, 2018 period of need. oflc process for obtaining an h 2b certification is a two step process for employers. employers must first file a complete and accurate application for temporary employment certification ( eta form 9142b ). following review and acceptance from oflc, the employer must then conduct recruitment of u.s. workers and file a recruitment report. the department reviews those reports and issues final labor certification decisions to employers who comply with all regulatory requirements as they are returned to oflc by employers. employers granted temporary labor certification are then eligible to file a petition with the united states citizenship and immigration services (uscis) at the dhs. process change for granting temporary labor certification because of the intense competition for h 2b visas in recent years, the semi annual visa allocation, and the regulatory requirement that employers apply with oflc for a temporary labor certification 75 to 90 days before the start date of work, employers who wish to obtain visas for their workers under the semi annual allotment for periods of need beginning from april 1   september 30, 2018, must promptly apply for a temporary labor certification and then file a petition with uscis before the cap is reached. as a result, oflc typically experiences a significant "spike" in labor certification applications at the beginning of january for temporary or seasonal jobs during the u.s.'s early spring and summer weather months. thus, on january 1, 2017 (fy 2017), oflc received 1,538 applications covering approximately 26,673 worker positions for a work start date of april 1, 2017; approximately 80% of the entire semi annual visa allocation of 33,000. by contrast, on january 1, 2018, oflc received approximately 4,498 applications covering 81,008 worker positions requesting an april 1, 2018, start date of work. this unprecedented level of employer requests for h 2b workers on january 1, 2018 is approximately three times greater than the number of applications received on january 1, 2017, and more than two and one half times greater than the 33,000 semi annual visa allotment for fy 2018 permitted under the ina. in previous years, oflc processed applications as expeditiously as possible in a manner irrespective of the time of day the application was filed, only focusing on processing applications by the day they were filed. although oflc is working as expeditiously as possible to issue first actions, review responses to notices of deficiency, and issue notices of acceptance, the overwhelming workload this year has strained oflc's processing system and resulted in delays for the majority of all applications filed on january 1. oflc expects the first 2,400 applications filed on january 1 (which represent approximately 40,000 worker positions) will be processed for first actions by next week, with the remainder of all filed applications processed for first actions in the weeks that follow. employers receiving notices of acceptance can proceed to meet the additional regulatory requirements, including recruitment of u.s. workers and submission of recruitment reports. employers receiving notices of deficiency that are corrected, and who then receive a notice of acceptance, can also proceed to meet the additional regulatory requirements. in order to promote fairness for employers in accessing the h 2b program and due to the unprecedented volume of applications on january 1, oflc is making a change to its process regarding the issuance of final labor certification decisions. this process change will better reflect the sequential order in which employers filed applications. thus, oflc will not begin releasing certified h 2b applications (form eta 9142b application for temporary employment certification) until february 20, 2018. on that day, oflc will release certified h 2b applications that have met all regulatory requirements as of that day in sequential order based on the original calendar day and time the application was filed (i.e., receipt time) . thereafter, oflc will continue to release certified h 2b applications in a sequential manner until all applications are released. oflc will continue to issue rejections, withdrawals, and denials of labor certification applications in accordance with standard procedures. this process change will allow employers who filed promptly on january 1, 2018, sufficient time to meet regulatory requirements, including the recruitment and hiring of qualified and available u.s. workers, thus preserving the sequential order of filing that took place on january 1, 2018, to the extent possible. as required, oflc will grant temporary labor certification only after the employer's h 2b application has met all the requirements for approving labor certification under 20 cfr 655.50 and the subpart. in accordance with regulatory requirements, oflc will send all certified h 2b applications to the employer, or the employer's authorized attorney or agent, by means normally assuring next day delivery. the department of labor's (dol) office of foreign labor certification (oflc) is making this public service announcement to alert employers and other interested stakeholders about the high volume of applications received requesting temporary labor certification under the h 2b visa program. on january 1, 2018, the earliest date on which an employer seeking an employment start date of april 1 may file an h 2b application requesting temporary labor certification, oflc received approximately 4,500 applications covering more than 81,600 worker positions . except where a statutory exemption applies, the department of homeland security (dhs) may only issue up to 33,000 h 2b visas for employers seeking to hire h 2b workers during the second half of fy 2018 (april 1 to september 30). the oflc takes each request for temporary labor certification seriously and administers the labor certification program in a manner that protects the wages and working conditions of both h 2b and u.s. workers who support the seasonal workforce needs of u.s. small businesses, consumers, and communities. we are working as expeditiously as possible to issue first case actions, review responses to notices of deficiency (nods), and issue notices of acceptance where possible. first case actions are taken on a first filed basis and responses to nods are evaluated in the order in which they are received. background on statutory limit of h 2b visas the immigration and nationality act (ina) set at 66,000 the annual number of aliens who may be issued h 2b visas or otherwise provided h 2b nonimmigrant status by the dhs to perform temporary non agricultural work. up to 33,000 h 2b visas may be issued in the first half of a fiscal year (october 1 to march 31), and the remaining annual allocation will be available for employers seeking to hire h 2b workers during the second half of the fiscal year (april 1 to september 30). if insufficient petitions are approved to use all h 2b numbers in a given fiscal year, the unused numbers cannot be carried over for petition approvals in the next fiscal year. on december 21, 2017, the dhs united states citizenship and immigration services (uscis) announced that the first half of the annual number of h 2b visas for fiscal year (fy) 2018 was reached and, except where a statutory exemption applies, uscis will reject new h 2b petitions requesting an employment start date on or before march 31, 2018. in accordance with the ina, uscis will accept new h 2b petitions for the remaining 33,000 visas available for fy 2018 where the employer has received a temporary labor certification from the dol and requests an employment start date on or after april 1, 2018. on december 22, 2017, the employment and training administration (eta) of the department of labor (department) published in the federal register a notice announcing the new adverse effect wage rate (aewr) for the employment of temporary or seasonal nonimmigrant foreign workers (h 2a workers) who perform herding or production of livestock on the range. aewrs are the minimum wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment so that the wages of similarly employed u.s. workers will not be adversely affected. the federal register notice presented the new aewr as both $1,584.22/month and $1,548.22/month. the correct 2018 aewr for herding or production of livestock on the range is $1,584.22/month. on january 2, 2018, the department published a correction notice in the federal register announcing the correct 2018 aewr for herding or production of livestock on the range of $1,584.22/month. visit https://www.federalregister.gov to read more. on december 22, 2017, the employment and training administration (eta) of the department of labor (department) published in the federal register a notice announcing the new adverse effect wage rate (aewr) for the employment of temporary or seasonal nonimmigrant foreign workers (h 2a workers) who perform herding or production of livestock on the range. aewrs are the minimum wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment so that the wages of similarly employed u.s. workers will not be adversely affected. the federal register notice presented the new aewr as both $1,584.22/month and $1,548.22/month. the correct 2018 aewr for herding or production of livestock on the range is $1,584.22/month, effective january 1, 2018. eta will publish a correction notice in the federal register . on december 22, 2017, the employment and training administration (eta) of the department of labor (department) is issuing this notice to announce the new adverse effect wage rate (aewr) for the employment of temporary or seasonal nonimmigrant foreign workers (h 2a workers) to perform herding or production of livestock on the range. aewrs are the minimum wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment so that the wages of similarly employed u.s. workers will not be adversely affected. to read the federal register notice please click here . the perm webinar presentation, hosted on december 13, 2017, is posted under the perm webinars link on the office of foreign labor certification's permanent labor certification program web page . the department has published a notice in the federal register announcing new adverse effect wage rates (aewrs) for each state, based on the farm labor survey conducted by the u.s. department of agriculture. the aewrs are the minimum hourly wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment for a particular agricultural job and area, so that the wages of similarly employed u.s. workers will not be adversely affected. to read the federal register notice please click here . as part of the office of foreign labor certification's (oflc) on going efforts to increase public engagement, oflc, the axis management group, and the office of the chief information officer (ocio) will host a webinar on wednesday, december 13, 2017, designed to educate stakeholders, program users, and other interested members of the public on best practices associated with the permanent labor certification program. our objective for this webinar is to provide technical assistance to stakeholders with helpful practice tips on how to upload documentation into the permanent online system. the benefits of uploading documentation in the permanent online system include: immediate confirmation of successfully uploaded documentation; reducing cost and burden to stakeholders from submitting documentation via u.s. mail, e mail and/or facsimile; streamlining process of submitting documentation; and expediting review of perm applications. on november 16, 2017, the united states department of agriculture (usda) issued the farm labor survey (fls) report in which it established the average annual wage rates, by region and the united states, for field and livestock workers. the department of labor (department) relies on the average annual combined hourly wage for field and livestock workers in order to establish the adverse effect wage rates (aewrs) in the h 2a program. the aewrs are the minimum hourly wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment, so that the wages of workers similarly employed in the united states will not be adversely affected. the department is reviewing the usda fls average annual wage rates for 2017 and will soon publish a notice in the federal register announcing new adverse effect wage rates (aewrs) for each state. to obtain more information on nass surveys and reports, please call the nass agricultural statistics hotline at (800) 727 9540, 7:30 a.m. to 4:00 p.m. et, or e mail: nass@nass.usda.gov . you can access a copy of the latest usda fls report . the icert system will be unavailable during the following time period for system maintenance: thursday, november 16, 2017 from 8:00 pm et until 10:00 pm et the h 2a webinar presentation, hosted on october 31, 2017, is posted under the h 2a additional resources link on the office of foreign labor certification's h 2a visa program web page. you can access the h 2a temporary agricultural program and the presentation directly. the h 2b webinar presentation, hosted on october 25, 2017, is posted under the h 2b additional resources link on the office of foreign labor certification's h 2b visa program web page. you can access the h 2b temporary non agricultural program and the presentation directly. the state workforce agency (swa) plays an important role supporting the office of foreign labor certification (oflc) in processing employer applications requesting temporary labor certification under the h 2a agricultural and h 2b non agricultural temporary visa programs. in the h 2a program, the swa reviews the content of employer job orders prior to employer submission of the h 2a applications to the chicago national processing center (cnpc), places approved job orders for intrastate and interstate recruitment of u.s. workers, and conducts safety inspections of employer provided housing for temporary agricultural workers. in the h 2b program, the swa reviews the employer's job order concurrently with the certifying officer (co) at the cnpc, advises the co of any job order deficiencies within six business days of receipt, promptly makes any modifications to the job order required by the co, and places approved job orders for intrastate and interstate recruitment of u.s. workers. during the course of processing an employer's application for h 2a or h 2b workers, the swa currently provides the co with required information and documentation using u.s. mail, electronic mail or facsimile. the icert system was not initially designed to permit swa staff to upload responsive documents (e.g., housing certification) or input based on a review of the employer's job order directly to the employer's pending h 2a or h 2b application. as a result, the current process requires oflc staff to invest time in receiving, tracking, and, where necessary, scanning and uploading each responsive document into the pending application assigned to the oflc analyst for review. during certain seasons of the year when the h 2a and h 2b workloads are high, there can be delays associated with the time it takes for the swa's information to get connected with the employer's pending application. to help mitigate delays associated with connecting swa documentation to the employer's pending h 2a or h 2b application and provide employers with better customer services, oflc has released an enhancement to the icert system that will permit authorized swa staff to electronically upload supporting documentation or other information directly to the employer's pending application for immediate review by the assigned cnpc analyst. oflc expects that this new feature will ultimately eliminate the need for the swas to submit responsive documents via u.s. mail, e mail or facsimile, and result in a more expedient review of the employer's pending h 2a or h 2b application. initially, oflc will be implementing this new enhancement in 33 states with the goal of full implementation nationwide no later than september 30, 2018: pursuant to 20 cfr § 655.9(c), the office of foreign labor certification (oflc) is publishing an updated list of the names of foreign labor recruiters and the identity and location of persons or entities hired by or working for the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b temporary non agricultural workers to perform the work described on their form eta 9142b, h 2b application for temporary employment certification . the h 2b foreign labor recruiter list includes cumulative cases filed from july 28, 2016 through september 30, 2017. by providing this foreign labor recruiter list, oflc is providing a greater level of transparency to the h 2b worker recruitment process and facilitating information sharing between the department and other agencies and the public. the list will be updated quarterly and can be accessed here . faqs regarding the foreign labor recruiter list have been posted as 2017 h 2b ifr faqs round 16 and can be accessed here . the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 4 of fy 2017 are now available. click here to access the disclosure files and corresponding record layouts. the office of foreign labor certification has posted updated program factsheets containing the quarter 4 fy 2017 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 9/30/2017. the updated program factsheets may also be found on oflc's performance data page . as part of the office of foreign labor certification's (oflc) on going efforts to increase public engagement, oflc will host a webinar on tuesday, october 31, 2017, designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with the h 2a labor certification program. our objective for this webinar is to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will provide stakeholders with helpful practice tips when submitting their h 2a applications for temporary labor certification to the chicago national processing center. go to or click on: https://dolevents.webex.com/dolevents/onstage/g.php?mtid=e20ea933e3267af5aa6b4221552ab752d as part of the office of foreign labor certification's (oflc) on going efforts to increase public engagement, oflc will host a webinar on wednesday, october 25, 2017, designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with the h 2b labor certification program. our objective for this webinar is to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will provide stakeholders with helpful practice tips when submitting their h 2b applications for temporary labor certification to the chicago national processing center. go to or click on: https://dolevents.webex.com/dolevents/onstage/g.php?mtid=e11f2f059bc4a290558acbbbb0b70d5df the office of foreign labor certification (oflc) has published round 13 of frequently asked questions (faqs) related to h 2a applications for temporary employment certification under the 2010 rule. this round, which covers questions related to h 2a newspaper advertisements, is posted on the oflc website on the h 2a page, the faqs page, and the faqs rounds page. to directly access the round 13 faqs. the perm and icert systems will be unavailable during the following time periods for system maintenance: the perm system will be unavailable during the following time periods for system maintenance: the fy 2016 annual report presents information on the prevailing wage determination process, permanent labor certification, and temporary nonimmigrant labor certification for fy 2016. the report also contains state employment based labor certification profiles and top country employment based immigration profiles. click here to view the 2016 annual report. a 508 compliant version will be posted as soon as it is available. the perm webinar presentation, hosted on august 16, 2017, is posted under the perm webinars link on the office of foreign labor certification's permanent labor certification program web page. to access this page, please click here. the icert and perm systems will be unavailable during the following time periods for system maintenance: in accordance with the secretary's june 6, 2017 news release , which called for proposed form changes to better protect american workers, confront fraud, and increase transparency, the department of labor published a 60 day notice in the federal register announcing its intent to revise its information collection for the h 1b, h 1b1 and e 3 programs. the revision includes the labor condition application for nonimmigrant workers (lca) form eta 9035/ 9035e (electronic), form eta 9035cp accompanying instructions, a new appendix for the form eta 9035/ 9035e, and the wage and hour division's wh 4 nonimmigrant worker information form collection. any written comments must be submitted in accordance with the federal register notice instructions. copies of the notice and the proposed forms are below: federal register 60 day notice proposed form eta 9035 proposed form eta 9035cp instructions proposed form eta 9035 appendix a proposed form wh 4 proposed form wh 4 instructions supporting statement supporting statement appendix table of changes form eta 9035 table of changes form eta 9035cp table of changes wh 4 the office of foreign labor certification (oflc) has published eta form 9142 b caa and the accompanying instructions in support of the temporary rule jointly issued by the department of homeland security and the department of labor, titled "exercise of time limited authority to increase the fiscal year 2017 numerical limitation for the h 2b temporary nonagricultural worker program." the temporary rule was published in the federal register on july 19, 2017, with an immediate effective date. this attestation must be submitted to the united states citizenship and immigration services along with form i 129, in support of an h 2b application subject to the h 2b cap for the second half of fiscal year 2017. the attestation is also available on the forms and instructions section of the oflc website found at: https://www.foreignlaborcert.doleta.gov/form.cfm the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 3 of fy 2017 are now available. click here to access the disclosure files and corresponding record layouts. the office of foreign labor certification has posted updated program factsheets containing the quarter 3 fy 2017 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 6/30/2017. the updated program factsheets may also be found on oflc's performance data page . pursuant to 20 cfr § 655.9(c), the office of foreign labor certification (oflc) is publishing an updated list of the names of foreign labor recruiters and the identity and location of persons or entities hired by or working for the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their form eta 9142b, h 2b application for temporary employment certification . the h 2b foreign labor recruiter list includes cumulative cases filed from july 28, 2016 through june 30, 2017. by providing this foreign labor recruiter list, oflc is providing a greater level of transparency to the h 2b worker recruitment process and facilitating information sharing between the department and other agencies and the public. the list will be updated quarterly and can be accessed here . faqs regarding the foreign labor recruiter list have been posted as 2015 h 2b ifr faqs round 16 and can be accessed here . today the secretary of labor and the secretary of homeland security signed a joint regulation allowing some seasonal american businesses who have tried and failed to find american workers to hire a limited number of foreign workers on a temporary basis. this regulation is needed to keep u.s. businesses open and their american workers employed; it is limited to those businesses who are in the most desperate straits. the text of the regulation may be found at the federal register . inquiries should be directed to mediainquiry@h2.dhs.gov . as part of the office of foreign labor certification's (oflc) on going efforts to increase public engagement, oflc will host a webinar on wednesday, august 16, 2017, designed to educate stakeholders, program users, and other interested members of the public on best practices associated with the permanent labor certification program. our objective for this webinar is to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will provide stakeholders with helpful practice tips when submitting their perm audit response to the atlanta national processing center. the icert system will be unavailable during the following time periods for system maintenance: the office of foreign labor certification (oflc) has published a twelfth round of frequently asked questions (faqs) related to the filing and processing of h 2a applications for temporary employment certification covering issues related to the use of rental housing or public accommodations. these faqs are intended to help h 2a employers better understand the filing and documentation requirements that are necessary for an employer to demonstrate that the housing being offered to accommodate h 2a foreign workers complies with applicable housing standards for rental housing and public accommodations. the round 12 faqs are posted on the oflc website on the h 2a program page at https://www.dol.gov/agencies/eta/foreign labor/programs/h 2a.cfm and the faqs page at https://www.foreignlaborcert.doleta.gov/faqsanswers.cfm . to directly access the round 12 faqs, please click here . the icert and perm systems will be unavailable during the following time periods for system maintenance: the office of foreign labor certification (oflc) is currently working to streamline the perm sponsorship verification process. effective may 13, 2017, oflc updated the automated email request for sponsorship verification process, allowing the employer to respond within 30 days by directly accessing the sponsorship questionnaire online. employers who do not respond within seven (7) calendar days will be sent a follow up email reminding them that it has 23 days left to respond to the sponsorship request. if applicable, the employer's attorney/agent will also receive a courtesy email regarding the employer's timeframe to respond to the sponsorship request. failure to respond to the request within the established timeframe will result in a denial for failure to comply with the request for sponsorship verification. these emails will inform both the employer and the employer's attorney/agent of the consequences of failing to comply with the request for sponsorship verification. if the employer does not have an email address listed on its eta form 9089, application for permanent employment certification, oflc will verify sponsorship via a telephone call or a mailed request for sponsorship verification. the icert and perm systems will be unavailable during the following time periods for system maintenance: the perm webinar presentation, hosted on may 10, 2017, is posted under the perm webinars link on the office of foreign labor certification's permanent labor certification program web page. to access this page, please click here . to access the presentation directly, please click here. the perm system will be unavailable during the following time periods for system maintenance: as part of the office of foreign labor certification's (oflc) on going efforts to increase public engagement, the oflc will host webinar on thursday, may 18, 2017 designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with employer request for h 2b prevailing wage determinations (pwds). our objective for the webinar is to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will improve the quality of applications submitted to the oflc by providing: date: thursday, may 18, 2017 time: 2:00pm to 4:00pm eastern standard time format: webinar & conference call capability will be provided to maximize participation password: welcome!25 the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 2 of fy 2017 are now available. click here to access the disclosure files and corresponding record layouts. the office of foreign labor certification has posted updated program factsheets containing the quarter 2 fy 2017 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 3/31/2017. the updated program factsheets may also be found on oflc's performance data page . icert and perm systems will be unavailable during the following time periods for system maintenance: the department of labor has published a notice in the federal register to announce the allowable charges for 2017 that employers seeking h 2a workers may charge their workers when the employer provides three meals a day, and the maximum travel subsistence meal reimbursement that a worker with receipts may claim in 2017 under the h 2a and h 2b programs. the notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence for the h 2a and h 2b programs. to read the notice, please click here . pursuant to 20 cfr § 655.9(c), the office of foreign labor certification (oflc) is posting an updated list of the names of foreign labor recruiters and the identity and location of persons or entities hired by or working for the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their form eta 9142b, h 2b application for temporary employment certification. the h 2b foreign labor recruiter list includes cumulative cases filed from july 28, 2016 through march 31, 2017. by providing this foreign labor recruiter list, oflc is providing a greater level of transparency to the h 2b worker recruitment process and facilitating information sharing between the department and other agencies and the public. the list will be updated quarterly and can be accessed here . faqs regarding the foreign labor recruiter list have been posted as 2015 h 2b ifr faqs round 16 and can be accessed here . as part of the office of foreign labor certification's (oflc) on going efforts to increase public engagement, the oflc will host a webinar on wednesday, may 10, 2017, designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with the permanent labor certification program. our objective for the webinar is to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will improve the quality of applications submitted to the oflc by: date: wednesday, may 10, 2017 time: 2:00 pm to 3:30 pm eastern standard time format: webinar & conference call capability will be provided to maximize participation event number: 888 455 3756 passcode: 6624633 eta has implemented a new enhancement to the perm case management system (cms) related to the submission of applications for permanent labor certification intended to reduce burdens on employers and streamline the processing of applications. beginning on and after april 15, 2017, the perm cms will permit the submission of electronic documentation while the application is pending review and up to 30 calendar days after the notice of proposed final agency action is issued on an application. the department expects that this new feature will eliminate the need for the employer or, if applicable, its authorized agent or attorney to submit responsive documents via u.s. mail, e mail or facsimile, and result in a more expedient review of applications by connecting the responsive documents directly to the oflc analysts assigned to the application. to review the features of this new cms enhancement, please download a copy of the perm quick guide at https://www.plc.doleta.gov/onlinehelp.pdf . in light of stakeholder input, which the office of foreign labor certification (oflc) is considering, oflc has temporarily removed from its website perm faq round 14 regarding actual minimum requirements, originally published on march 6, 2017. oflc will clarify and republish perm faq round 14 to provide additional information on its applicability to perm applications and associated prevailing wage requests and determinations. the department's office of foreign labor certification (oflc) is providing additional processing information to employers who participate in the h 2b temporary nonimmigrant visa programs. between january 1   7, 2017, oflc received nearly 3,000 h 2b applications covering approximately 53,200 worker positions with an expected start date of work on or after april 1, 2017; an approximate 93% increase when compared to the number of h 2b applications received during the same calendar week in 2016. between january 8   31, 2017, oflc received another 1,500 h 2b applications requesting temporary labor certification for approximately 28,900 workers. during 2016 and within its limited resources, oflc planned and executed a number of management actions, as well as regular stakeholder education and outreach activities, designed to minimize expected processing delays without being able to accurately predict the total volume of applications that would be filed for processing. beginning the first work week of january 2017, oflc published regular updates on h 2b case processing times to the stakeholder community, and ensured consistent availability of its icert electronic system for customers to file h 2b applications and staff to process case actions. in order to issue prompt final decisions, oflc also deployed a dedicated team of staff to review employer recruitment reports on pending h 2b applications that have completed the labor market test requirements under the regulation. we are continuing to focus our available resources on reducing the number of pending h 2b applications as expeditiously as possible while simultaneously issuing quality decisions. to help employers better understand employer demand for workers under the h 2b visa program, oflc has updated its h 2b case processing time information to include the total number of workers requested and certified based on the week in which the employer filed its h 2b application. oflc will continue to provide regular updates to this information during each work week, and employers can access current processing time information through the icert system at https://icert.doleta.gov and clicking on the "processing times" tab from the main home page. the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 1 of fy 2017 are now available. click here to access the disclosure files and corresponding record layouts. the office of foreign labor certification has posted updated program factsheets containing the quarter 1 fy 2017 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b specialty occupations labor condition program , h 2a temporary agricultural labor certification program and h 2b temporary non agricultural labor certification program . reports are derived from program data as of 12/31/2016.the updated program factsheets may also be found on oflc's performance data page . the office of foreign labor certification has posted an updated h 2b foreign labor recruiter list with cumulative cases from july 28, 2016 through december 31, 2016. quarterly updates will normally be posted by the end of the month immediately following the close of the quarter. click here for the updated list. on december 23, 2016, the employment and training administration (eta) of the department of labor (department) is issuing this notice to announce the new adverse effect wage rate (aewr) for the employment of temporary or seasonal nonimmigrant foreign workers (h 2a workers) to perform herding or production of livestock on the range. aewrs are the minimum wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment so that the wages of similarly employed u.s. workers will not be adversely affected. to read the federal register notice please click here . the department has published a notice in the federal register announcing new adverse effect wage rates (aewrs) for each state, based on the farm labor survey conducted by the u.s. department of agriculture. the aewrs are the minimum hourly wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment for a particular agricultural job and area, so that the wages of similarly employed u.s. workers will not be adversely affected. to read the federal register notice please click here . the office of federal register has scheduled the labor certification process for the temporary employment of aliens in agriculture in the united states: 2017 adverse effect wage rates and 2017 adverse effect wage rate for range occupations for publication in the federal register on december 23, 2016. these documents will be placed on public inspection on 12 22 2016 08:45:00. q: is the department planning to issue a regulation on perm? a: on december 16, 2016, the perm notice of proposed rulemaking and schedule a request for information were withdrawn from omb/oira review. the perm system will be unavailable during the following time periods for system maintenance: icert and perm systems will be unavailable during the following time periods for system maintenance: on november 17, 2016, the united states department of agriculture (usda) issued the farm labor survey (fls) report in which it established the average annual wage rates, by region and the united states, for field and livestock workers. the department of labor (department) relies on the average annual combined hourly wage for field and livestock workers in order to establish the adverse effect wage rates (aewrs) in the h 2a program. the aewrs are the minimum hourly wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment, so that the wages of workers similarly employed in the united states will not be adversely affected. the department is reviewing the usda fls average annual wage rates for 2016 and will soon publish a notice in the federal register announcing new adverse effect wage rates (aewrs) for each state at which time the rates will become immediately effective. to obtain more information on nass surveys and reports, please call the nass agricultural statistics hotline at (800) 727 9540, 7:30 a.m. to 4:00 p.m. et, or e mail: nass@nass.usda.gov . to obtain a copy of the latest usda fls report, please click here . the icert system will be unavailable during the following time periods for system maintenance: the 2015 annual report presents information on the prevailing wage determination process, permanent labor certification, and temporary nonimmigrant labor certification for fy 2015. the report also contains state employment based labor certification profiles and top country employment based immigration profiles. click here to view the 2015 annual report. a 508 compliant version will be posted as soon as it is available. the atlanta national processing center (anpc) will begin issuing perm notification letters via e mail beginning december 1, 2016. electronic notification e mails will ensure perm stakeholders receive eta form 9089 application determination notifications in a timely, cost effective manner without 'in the mail' delivery delays. to ensure this electronic notification delivery convenience works for all perm stakeholders, please add sr.processing@dol.gov and plc.atlanta@dol.gov to your address book or safe list within your e mail system(s) to avoid being filtered as spam. in addition, if e mail addresses for the authorized representative or employer have changed, please notify either sr.processing@dol.gov (supervised recruitment cases) or plc.atlanta@dol.gov (all other correspondence). please provide the case number along with the updated contact information. stakeholders will receive the following letters/notifications via e mail: note: certified eta form 9089 perm application letters will not be sent electronically due to the certification's security paper requirements currently in place with the u.s. citizenship and immigration services. electronic receipt of perm audit responses, requests for information, and responses to notices of decisions for appeals: the anpc will receive eta form 9089 audit responses and responses to requests for information, additional audit information requests, and notices of decisions for appeals sent via e mail on december 1, 2016. to ensure your submission is received with no issues, i.e., non compliance with delivery size limitations, please ensure each e mailed response is no larger than 20mb. if your e mail response is larger than 20mb, please separate the response into two or more documents of less than 20mb in size. for example, if submitting more than one document in response to an audit notification due to size restrictions, please ensure you indicate in the subject line of the e mail that there are multiple submissions. for example, <case number>_audit response_1 of 3. in addition, when submitting an electronic response, please keep in mind the following tips: the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 4 of fy 2016 are now available. click here to access the disclosure files and corresponding record layouts. the office of foreign labor certification has posted updated program factsheets containing the fy 2016 quarter 4 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 9/30/2016.the updated program factsheets may also be found on oflc's performance data page. the perm system will be unavailable during the following time periods for system maintenance: the icert and perm system will be unavailable during the following time periods for system maintenance: the department of labor has published a frequently asked question (faq) round 13 related to preparing the required recruitment report for employers seeking labor certification under the perm program along with two "best practice" sample recruitment reports. the round 13 faq is posted on the perm program page on the office of foreign labor certification website at https://www.foreignlaborcert.doleta.gov/faqs_pdf.cfm . to directly access the round 13 faq, please click here. the icert and perm systems will be unavailable from 10:00 pm edt on friday, october 7, 2016 until 6:00 am edt on tuesday, october 11, 2016 for system maintenance. the department of labor has published a seventeenth round of frequently asked questions (faqs) related to the filing and processing of h 2b applications for temporary employment certification covering issues related to the area of intended employment and what constitutes a worksite under the h 2b program. the round 17 faqs are posted on the h 2b interim final rule implementation page on the office of foreign labor certification website at https://www.foreignlaborcert.doleta.gov/2015_h 2b_ifr.cfm . to directly access the round 17 faqs, please click here . the department of labor has published a third round of frequently asked questions (faqs) related to the filing and processing of h 2a applications for temporary employment certification covering the herding or production of livestock on the range. the round 3 faqs are posted on the h 2a herder final rule implementation page on the office of foreign labor certification website at https://www.foreignlaborcert.doleta.gov/h 2a_herders.cfm . to directly access the round 3 faqs, please click here . on tuesday, september 13, 2016, the office of foreign labor certification hosted a 4 hour webinar to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with employer requests for h 2b prevailing wage determinations and applications for temporary labor certification under the h 2a and h 2b visa programs. our objective for the webinar was to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will improve the quality of applications submitted to the oflc by: stakeholders and members of the general public can obtain a copy of the presentation by clicking here . the department of labor has published frequently asked questions (faqs) related to processing h 2b prevailing wage determinations under the 2015 h 2b wage final rule. the faqs are posted in the prevailing wages section on the faqs page. to directly access the faqs page, please click here. eta is announcing a process change related to the submission of applications for temporary labor certification under the h 2b visa program intended to reduce burdens on employers and streamline the adjudication of temporary need. effective immediately, an employer submitting an h 2b application may satisfy the regulatory requirements for demonstrating temporary need by disclosing such information on the form eta 9142b, application for temporary employment certification, without also submitting detailed supporting documentation with its initial application, particularly where the employer's temporary need has been demonstrated in earlier applications certified or the work is clearly tied to a temporary, seasonal cycle. this process change in the h 2b program better aligns the review of temporary need with the standard applied to agricultural employers in the h 2a program, where the submission of detailed supporting documentation to support recurring seasonal workforce needs is not necessary. for a more detailed explanation of this important process change in the h 2b program, please click here . as part of the office of foreign labor certification's (oflc) on going efforts to increase public engagement, the oflc will host a webinar on tuesday, september 13, 2016, designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with employer requests for h 2b prevailing wage determinations and applications for temporary labor certification under the h 2a and h 2b visa programs. our objective for the webinar is to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will improve the quality of applications submitted to the oflc by: date: tuesday, september 13, 2016 time: 12:00pm to 4:00pm eastern standard time format: webinar & conference call capability will be provided to maximize participation event number: 744 257 619 password: welcome!25 pursuant to 20 cfr § 655.9(c), the office of foreign labor certification (oflc) is publishing a list of the names of foreign labor recruiters and the identity and location of persons or entities hired by or working for the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective h 2b workers to perform the work described on their form eta 9142b, h 2b application for temporary employment certification. by providing this foreign labor recruiter list, oflc is providing a greater level of transparency to the h 2b worker recruitment process and facilitating information sharing between the department and other agencies and the public. the list will be updated quarterly and can be accessed here . faqs regarding the foreign labor recruiter list have been posted as 2015 h 2b ifr faqs round 16 and can be accessed here . the office of foreign labor certification has posted updated program factsheets containing the quarter 3 fy 2016 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 6/30/2016.the updated program factsheets may also be found on oflc's performance data page . the office of foreign labor certification has posted updated perm program disclosure data files for quarter 4 of fy 2015. click here to access the disclosure files and corresponding record layouts. the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 3 of fy 2016 are now available. click here to access the disclosure files and corresponding record layouts. as noted in the july 1, 2016 web announcement below, the national prevailing wage center (npwc) recently began using the 2017 wage data set provided by the bureau of labor statistics (bls), based on may 2015 occupational employment statistics (oes) data. this data set is the first to use the 2010 bls definitions of metropolitan statistical areas (msas), as designated by the office of management and budget. as a result, some eta 9141 prevailing wage request forms submitted prior to the npwc's use of the new data and msa definitions will incorrectly cite in subsection e.c.7a msas that have changed pursuant to the new definitions. if an applicant's eta 9141 form lists a msa that no longer exists due to the updated bls area definitions, the npwc will alter the text in e.c.7a to reflect the correct msa and will include an additional note to notify the applicant that the npwc has altered its form as a result of the update to the msa definitions. in addition, some returning applicants seeking a prevailing wage determination (pwd) for multiple worksites will receive a different wage(s) than in prior years due to the bls geographic area updates. for example, in prior years the areas of somerset and middlesex in new jersey were included in the same msa and thus received the same oes wage in a pwd. however, as a result of the bls update, somerset and middlesex are included in separate bls areas and pwds issued for job opportunities in the areas will not be the same. please direct any questions or comments regarding the effect of the bls updates on the pwd process to the npwc help desk via email at flc.pwd@dol.gov . the updated oes data sets may be viewed by visiting www.bls.gov/oes/tables.htm . on july 1, 2016, oflc uploaded the newest prevailing wage data from the occupational employment survey as generated by the bureau of labor statistics for the year from july 2016   june 2017. the effective date is july 1, 2016. prevailing wages issued from the national prevailing wage center will reflect the new data. copies of the oflc's june 23rd presentation on filing tips and common deficiencies associated with the submission of applications for temporary labor certification under the h 2a and h 2b visa programs are now available. the office of foreign labor certification has posted updated prevailing wage disclosure data files for quarter 4 of fy 2015. click here to access the disclosure files and corresponding record layouts. as part of the department's office of foreign labor certification's (oflc) on going efforts for increased public outreach, the oflc will host a public webinar on june 23, 2016, to educate stakeholders, program users, and other interested members of the public on best practices, filing tips, and common deficiencies associated with the submission of applications for temporary labor certification under the h 2a and h 2b visa programs. our objective for this webinar is to provide technical assistance to employers and, if applicable their authorized representatives to avoid frequent or common errors in preparing and submitting h 2a and h 2b applications. to join the webinar event scheduled for thursday, june 23, 2016, please use the below instructions: date: thursday, june 23, 2016 time: 2:00pm   3:30pm est call in number: 888 469 0871 instructions: the department of labor on june 3, 2016 published a frequently asked question (faq) for the h 2a program on the updated form eta 9142a, appendix a. the faq is posted as round 11: june 2016 on the h 2a program page. to directly access the new faq, please click here . oflc is pleased to announce that the office of management and budget (omb) has approved the department's request to update the appendix a in two ways: (1) to reflect new regulatory requirements contained in the 2015 h 2a herder final rule; and (2) to simplify the h 2a process for employers submitting this document alongside their i 129 petitions to the united states citizenship and immigration services (uscis). this approval came as part of the department's 3 year extension of the form eta 9142a and appendix a. the remainder of the data collected on the form eta 9142a remains unchanged. when filing an h 2a application on the form eta 9142a, an employer is required to submit a signed and dated copy of the appendix a, which contains the requisite program assurances and obligations. prior to this announcement, where the oflc granted a temporary labor certification application, the chicago national processing center (npc) sent the employer a certified h 2a application containing a second copy of the appendix a issued on "blue security paper." the employer and its authorized attorney or agent were each then required to sign and date this second copy of appendix a again and then submit it to the uscis. the department's new form will make it unnecessary to sign and submit a second copy of the appendix a. an employer will now only need to sign and date the appendix a once at the time of filing the h 2a application and retain the original in its administrative file. then, where the oflc grants a temporary labor certification, the chicago npc will send a certified h 2a application and a final determination letter to the employer by means normally assuring next day delivery, including electronic mail, and a copy, if applicable, to the employer's authorized attorney or agent. the employer and its authorized attorney or agent will be instructed to complete three steps: complete the newly modified footer on each page of the original appendix a (retained in its administrative file), adding the case number, status, and period of employment from the certified form eta 9142a; retain the original appendix a along with a copy of the certified form eta 9142a, as required by 20 cfr 655.167; and this change will save employers and their agents or attorneys from mailing each other paper forms to sign them a second time   which is effectively required under the current form. transition procedures to obtain a copy of the revised appendix a, please click here . to obtain a copy of the form eta 9142 and general instructions, please click here . the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files through quarter 2 of fy 2016 are now available. click here to access the disclosure files and corresponding record layouts. the office of foreign labor certification has posted updated program factsheets containing the quarter 2 fy 2016 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 3/31/2016.the updated program factsheets may also be found on oflc's performance data page . as part of the department's office of foreign labor certification's (oflc) on going efforts for increased public outreach, the oflc will host a public webinar on april 7, 2016, the to educate stakeholders, program users, and other interested members of the public on submission of wage surveys to determine the prevailing wage for job opportunities in the h 2b temporary non agricultural labor certification program. employer filing tips for submitting h 2b wage surveys the objectives for this webinar are to assist employers and surveyors to avoid frequent errors found in filing prevailing wage determination applications that include wage surveys by: the webinar briefing is scheduled for thursday, april 7, 2016, at 1:30 pm eastern standard time for approximately 90 minutes. this webinar is open to the public and no pre registration is required. it will be accessible to the public on a first come, first served basis on the date specified. to learn how to access the department's upcoming h 2b webinar focused on providing wage survey submission and compliance guidance, please click here . the forms for the h 2a program are currently in review for a three year extension. notice of a second comment period, as required by the paperwork reduction act, is expected to be published in the federal register in the coming weeks. the chicago national processing center will continue to accept the current h 2a program form with 2016 expiration dates, which may be extended in one month increments until the full three year extension is approved by omb and the new forms are posted on our website and updated in the icert system. the department of labor has published a notice in the federal register to announce the allowable charges for 2016 that employers seeking h 2a workers may charge their workers when the employer provides three meals a day, and the maximum travel subsistence meal reimbursement that a worker with receipts may claim in 2016 under the h 2a and h 2b programs. the notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence for the h 2a and h 2b programs. to read the notice, please click here . on february 19, oflc announced two initiatives designed to help reduce the backlog of pending h 2b applications and provide information to help the stakeholder community better understand the current processing timeframes for h 2b applications at the chicago npc. oflc will be conducting a second webinar to explain these initiatives in more detail and answer stakeholder questions using a chat room feature. to join the webinar event scheduled for friday, february 26, 2016, please use the below instructions: date: friday, february 26, 2016 time: 1:00pm   3:00pm eastern standard time event number: 748 972 498 presentation: to obtain a copy of the powerpoint presentation slides, please click here instructions: the department's office of foreign labor certification (oflc) is making this public service announcement to employers who participate in the h 2b temporary nonimmigrant visa program. since the end of december 2015, the department has issued several public announcements concerning recent changes and significant delays in processing h 2b applications at the oflc chicago national processing center (npc). the significant delays employers are experiencing stem from the implementation of changes in program requirements contained in the 2016 dol appropriations act (enacted on december 18, 2015), and the magnitude of the increase in h 2b applications filed during the late december to early january time period. in addition, during the course of several weeks in january 2016, the oflc experienced technical network problems with its icert system due to implementation of software upgrades related to mandatory security requirements, which impacted our staff's ability to process case actions in a timely manner and caused additional delays for our employer customers. since october 1, 2015, the oflc has processed approximately 2,000 h 2b applications requesting approximately 45,500 worker positions. we have certified approximately 1,500 h 2b applications covering more than 36,900 worker positions. between december 28, 2015 and february 19, 2016, the oflc has issued more than 1,300 notices of acceptance (noa) or deficiency (nod) on pending h 2b applications. the oflc has expanded and reallocated resources to assist in the processing of pending h 2b applications without compromising program integrity or the processing timeframes of other visa programs. we continue to focus our efforts on reducing the number of pending cases as quickly as possible and examining administrative flexibilities to increase processing efficiency. to help employers better understand the current processing timeframes for h 2b applications at the chicago npc, the oflc is disclosing case processing information through its icert system at https://icert.doleta.gov , which will be updated at least weekly. the department of labor has published on the h 2b program page an updated version of the h 2b 2015 interim final rule (ifr) job order checklist and updated h 2b 2015 ifr round 11 frequently asked questions: job order content, amendments, and recruitment. to directly access the h 2b 2015 ifr job order checklist, click here . to directly access the h 2b 2015 ifr round 11 faqs, click here . the department is posting the instructions for accessing h 2b stakeholder public webinars that are scheduled for february 17, 2016, at 10:00 am eastern standard time and february 18, 2016, at 2:00 pm eastern standard time. there is no pre registration for the public webinars. each will be accessible to the public on a first come, first served basis on the dates specified. to learn how to access the department's h 2b stakeholder public webinar, please click here . the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 1 of fy 2016 are now available. click here to access the disclosure files and corresponding record layouts. on february 17 and 18, 2016, the department's office of foreign labor certification (oflc) will host two public webinars to educate stakeholders, program users, and other interested members of the public regarding the changes to the h 2b program made by the 2016 dol appropriations act, enacted on december 18, 2015, and how those changes impact the processing of applications at the oflc national prevailing wage center and chicago national processing center. the webinar briefings are scheduled for february 17, 2016, at 10:00 am eastern standard time and february 18, 2016, at 2:00 pm eastern standard time. each briefing will be identical in content and will last 90 minutes. instructions for accessing these h 2b webinars will be announced by february 12, 2016. the office of foreign labor certification has compiled a list of topics covered in each one of its faq rounds. once launched, the user can search for key words in the faq rounds by clicking the ctrl + f keys. to access the index of oflc faq rounds, please click here . the office of foreign labor certification has posted updated program factsheets containing the quarter 1 fy 2016 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 12/31/2015. the updated program factsheets may also be found on oflc's performance data page . the department's office of foreign labor certification (oflc) is making this public service announcement to employers who participate in h 1b, h 2a and h 2b temporary nonimmigrant visa programs. the oflc has been experiencing technical network problems supporting its icert visa portal system (icert system), resulting in delays in the processing of temporary nonimmigrant visa applications for employers. specifically, although the icert system's application and database are working properly, the network infrastructure supporting the system is exhibiting performance issues that are significantly impacting our staff's ability to process case actions for our employer customers. the department's technology staff is working diligently with the oflc to improve system performance as soon as practically possible. the department of labor on january 22, 2016 published a frequently asked question (faq) for the h 2a program on post certification: corporate restructuring/ successor in interest. the faq is posted as round 10: january 2016 on the h 2a program page. to directly access the new faq, please click here . the department of labor has temporarily removed the h 2b interim final rule job order checklist. it will be re posted as soon as it is updated. the department of labor has published frequently asked questions (faqs) related to employer obligations and minimum job order content requirements for occupations involving a mobile workforce under the 2015 h 2b interim final rule. the faqs are posted as round 15 on the h 2b page. to directly access the new faqs, please click here . the office of foreign labor certification has posted updated prevailing wage disclosure data files for quarter 4 of fy 2015. click here to access the disclosure files and corresponding record layouts. the department's office of foreign labor certification (oflc) is making this public service announcement to employers who participate in the h 2b temporary nonagricultural visa program. we have received a number of inquiries and correspondence concerning recent changes and delays in processing h 2b applications at the chicago national processing center (npc). the department takes your concerns seriously and strives to support u.s. small businesses, consumers, and communities. the department, along with the department of homeland security, jointly published the 2015 h 2b interim final rule and h 2b wage final rule, which became effective on april 29, 2015. the new rules strengthened protections for u.s. workers while also ensuring that employers can access foreign workers on a temporary basis when u.s. workers are not available. additionally, the rules were intended to bring stability and continuity to the program. however, the 2016 department of labor appropriations act (2016 dol appropriations act), enacted on december 18, 2015, contains provisions significantly affecting the processing of employer h 2b applications at the chicago npc. unfortunately, the time required to implement these new legislative provisions is causing delays in processing employer h 2b applications filed prior to december 18 and that were pending with the chicago npc. following an intensive review of the operational impacts of the 2016 dol appropriations act, oflc posted emergency guidance and has been implementing requirements of the 2016 dol appropriations act, including new procedures and forms approved on an emergency basis by the office of management and budget. in addition, the current filing season has seen more than 1,700 new h 2b applications filed during the holiday season, an approximate 79% increase over the number of h 2b applications filed during the 2014 holiday season. the simultaneous impact of the requirement to change procedures as the result of the 2016 dol appropriations act, and the major increase in the number of applications being filed, has resulted in longer processing times in the h 2b program. this additional processing time may continue for the immediate future so that we can fully incorporate and operationalize the new program requirements and handle the increased workload. our current efforts are focused on reducing the number of pending cases as quickly as possible without compromising program integrity. the department of labor (department) is providing notice that the office of foreign labor certification (oflc) national prevailing wage center (npwc), currently located at 1341 g. street, washington, d.c., is relocating within the washington, d.c. area effective monday, january 11, 2016. the address for the npwc's new location is: us department of labor/eta office of foreign labor certification national prevailing wage center 200 constitution avenue nw room n 5311 washington, d.c. 20210 telephone: (202) 693 8200 the office of foreign labor certification has posted updated h 2b, perm and prevailing wage disclosure data files for quarter 4 of fy 2015. click here to access the disclosure files and corresponding record layouts. the 2016 department of labor appropriations act (division h, title i of public law 114 113) (2016 dol appropriations act), which was enacted on december 18, 2015, contained several provisions requiring non substantive modifications to (1) the form eta 9165, employer provided survey attestations to accompany h 2b prevailing wage determination request based on a non oes survey and (2) appendix b of the form eta 9142b, h 2b application for temporary employment certification. in order to comply with the 2016 dol appropriations act, the office of foreign labor certification (oflc) submitted these non substantive modifications to the office of management and budget (omb) for review and approval. the omb has now approved the non substantive modifications. therefore, the oflc certifying officers (cos) may issue h 2b prevailing wage determinations based on the submission of a private survey, and may now certify h 2b applications for temporary labor certification, so long as all applicable program requirements are met. important notices employers requests for prevailing wage determination based on survey employers requests for h 2b temporary labor certification to obtain a copy of the emergency guidance (updated january 5) reflecting these changes, please click here . to obtain a copy of the revised form eta 9165 and general instructions, please click here . to obtain a copy of the revised appendix b, form eta 9142b, please click here . to obtain a copy of the department's latest frequently asked question concerning corresponding employment, please click here . the 2014 annual report presents information on the prevailing wage determination process, permanent labor certification, and temporary nonimmigrant labor certification for fy 2014. the report also contains state employment based labor certification profiles and top country employment based immigration profiles. click here to view the 2014 annual report. a 508 compliant version will posted as soon as available. the department has published a notice in the federal register announcing new adverse effect wage rates (aewrs) for each state, based on the farm labor survey conducted by the u.s. department of agriculture. the aewrs are the minimum hourly wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment for a particular agricultural job and area, so that the wages of similarly employed u.s. workers will not be adversely affected. to read the federal register notice please click here . the office of foreign labor certification has posted updated performance factsheets containing the quarter 4 fy 2015 selected statistics for the h 1b, h 2a and h 2b programs. the reports have been updated to include the percentage of applications processed timely. additionally, the h 2a report has been updated to reflect the correct number of top 10 crops/occupations fytd. reports are derived from program data as of 9/30/2015. the updated program factsheets may also be found on oflc's performance data page . in efforts to assist users of the h 2a visa program, the department of labor (department) has published a handbook for the herding or production of livestock on the range. this handbook assists u.s. employers with departmental standards and procedures for the employment of temporary h 2a agricultural workers in herding or production of livestock on the range occupations. to access the handbook directly please click here . the department of labor has published frequently asked questions (faqs) related to prevailing wage determinations and emergency filings under the 2015 h 2b interim final rule. the faqs are posted as round 13 on the h 2b page. to directly access the new faqs, please click here . all of the forms for the h 2b program, except the employer provided survey attestations (form eta 9165), have been extended for three years until december 31, 2018. the form eta 9165 is still being extended in monthly increments until receipt of a three year extension. however, if employers have already filled out and signed the forms with an expiration date of 12/31/2015 in anticipation of filing them in the first weeks of january, the department will accept forms with the expiration date of 12/31/2015 through january 31, 2016. also, as a reminder, the form eta 9155 and the registration process are not operational at this time. oflc will announce the implementation of the registration process in the federal register and on this website. the department of labor has published frequently asked questions (faqs) related to emergency filings and post certification amendments under the 2015 h 2b interim final rule. the faqs are posted as round 12 on the h 2b page. to directly access the new faqs, please click here . the department of labor has published frequently asked questions (faqs) related to job order content, recruitment and amendments under the 2015 h 2b interim final rule. the faqs are posted as round 11 on the h 2b page. to directly access the new faqs, please click here . the department also published a job order checklist to help employers ensure they include required disclosures in their h 2b job orders. to read the job order checklist, please click here . the department of labor published frequently asked questions (faqs) on october 30, 2015 on productivity standards for the h 2a program. the faqs are posted as round 9: october 2015 on the h 2a program page. to directly access the new faqs, please click here . on november 19, 2015, the united states department of agriculture (usda) issued the farm labor survey (fls) report in which it established the average annual wage rates, by region and the united states, for field and livestock workers. the department of labor (department) relies on the average annual combined hourly wage for field and livestock workers in order to establish the adverse effect wage rates (aewrs) in the h 2a program. the aewrs are the minimum hourly wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment, so that the wages of workers similarly employed in the united states will not be adversely affected. the department is reviewing the usda fls average annual wage rates for 2015 and will soon publish a notice in the federal register announcing new adverse effect wage rates (aewrs) for each state at which time the rates will become immediately effective. to obtain more information on nass surveys and reports, please call the nass agricultural statistics hotline at (800) 727 9540, 7:30 a.m. to 4:00 p.m. et, or e mail: nass@nass.usda.gov . to obtain a copy of the latest usda fls report, please click here . the department of labor (department) is providing notice that the office of foreign labor certification (oflc) national office currently located in the frances perkins building at 200 constitution ave., nw is relocating within washington, dc effective on monday, november 23, 2015. the address for oflc's new location is: u.s. department of labor employment and training administration office of foreign labor certification 375 e street, sw patriot plaza ii, suite 12 200 washington, dc 20024 telephone: (202) 513 7350 however, mail for the oflc national office should continue to be sent to the frances b. perkins building at: office of foreign labor certification employment and training administration department of labor 200 constitution avenue, nw box# 12 200 washington dc 20210 a daily courier service will deliver mail to the new location. on november 16, 2015, the employment and training administration (eta) of the department of labor (department) is issuing this notice to announce the new adverse effect wage rate (aewr) for the employment of temporary or seasonal nonimmigrant foreign workers (h 2a workers) to perform herding or production of livestock on the range. aewrs are the minimum wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment so that the wages of similarly employed u.s. workers will not be adversely affected. to read the federal register notice please click here. the forms for the h 2b program have been extended temporarily until november 30, 2015 while oflc awaits approval of its request for a three year extension under review with the office of management and budget (omb). oflc will continue to extend the forms in one month increments until approved by omb. a second comment period, as required by the paperwork reduction act, ends november 30, 2015. for complete details see the federal register notice for omb control number 1205 0509 here and 1205 0516 here . the department will host two public webinars to educate stakeholders, program users, and other interested members of the public on the changes to the temporary agricultural employment of h 2a foreign workers in the range herding or production of livestock in the united states made by the 2015 h 2a herder final rule, which published on october 16, 2015 with an effective date of november 16, 2015. the final rule may be found here . the webinar briefings are scheduled for november 10, 2015 and november 17, 2015. each webinar will be from 2:00 pm until 3:30 pm eastern time. there is no pre registration for the public webinar. the webinar will be accessible to the public on a first come, first served basis on the each webinar day. please read the instructions for accessing the department's webinars for the 2015 h 2a herder final rule here . the department of labor is making available frequently asked questions (faqs) that address job order and application filing, processing, and wage rate under the new regulation governing the temporary agricultural employment of h 2a foreign workers in the herding or production of livestock on the range in the united states (h 2a herder final rule). this rule will be effective on november 16, 2015. to read the new faqs, please click here . to read a short description of the h 2a herder rule and faqs addressing implementation and major provisions of the h 2a herder rule, please click here. fy 2015 q4 cumulative disclosure data the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 4 of fy 2015 are now available. click here to access the disclosure files and corresponding record layouts. the office of foreign labor certification has posted updated program factsheets containing the fy 2015 quarter 4 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 9/30/2015.the updated program factsheets may also be found on oflc's performance data page . on october 16, 2015, the department of labor (department) published a new regulation governing the temporary agricultural employment of h 2a foreign workers in the herding or production of livestock on the range (h 2a herder final rule) in the united states. this final rule amends the current regulations governing the labor certification process and standards to cover h 2a foreign workers in herder occupations, codified at 20 cfr part 655, and enforcement of employer obligations under the h 2a program. in the coming weeks, the department's office of foreign labor certification will publish additional technical implementation materials on its website for the new h 2a herder final rule and will alert stakeholders as those materials becomes available. to read the full text of the final rule, please click here . this rule will be effective on november 16, 2015. to read a short description of the final rule and faqs regarding the final rule, please click here. on october 13, 2015, the office of the federal register (ofr) placed on public inspection the final rule, temporary agricultural employment of h 2a foreign workers in the herding or production of livestock on the range in the united states. the ofr made minor technical edits to the final rule posted on our website earlier the same day, but the substance of the final rule remains the same. only the version published in the federal register is the official regulation. to view the final rule on the ofr's public inspection site, please click here. on october 13, 2015, the u.s. department of labor announced the h 2a herder final rule regarding the employment of foreign workers in jobs related to the herding of livestock on the range, including the herding of sheep and goats. to read the news release regarding this regulation, click here. the following public data has been updated due to data defects. duplicated & voided cases removed; missing records restored in the following: the h 1b program disclosure data file has been updated to include records through june 30, 2015 for quarter 3 of fy 2015. click here to access the disclosure files and corresponding record layouts. the recording of the h 2b 2015 final wage rule webinar briefing, hosted on august 21, 2015, has been posted under the prevailing wage information section on the office of foreign labor certification's h 2b 2015 interim final rule web page. to access the page, please click here . to access the recording directly, please click here . on tuesday, september 1, 2015, the department implemented software updates to the permanent labor certification case management system (cms). an unexpected programming glitch occurred which impacted a small number of applications and resulted in the prohibition of certain information being entered onto the eta form 9089. the department is working to correct this issue. until the revisions become operational, an employer who cannot complete and file an eta form 9089 online should mail in their application to the atlanta national processing center at the following address: u.s. department of labor employment and training administration office of foreign labor certification atlanta national processing center harris tower, suite 410 233 peachtree street atlanta, georgia 30303 employers, who attempted to submit an online application between tuesday, september 1, 2015, and friday, september 11, 2015, only, are authorized to provide documentation establishing that information in their eta form 9089 was impacted. if you elect to provide documentation with the eta form 9089, please include a cover page containing the words "september 2015, cms technical issue" in the center of the page in large letters. all documentation in response to this letter must be submitted by september 30, 2015, to the following: u.s. department of labor employment and training administration office of foreign labor certification attn: cms technical issue team atlanta national processing center harris tower, suite 410 233 peachtree street atlanta, georgia 30303 the presentation for the h 2b 2015 final wage rule webinar briefing, hosted on august 21, 2015 has been posted under the prevailing wage information section on the office of foreign labor certification's h 2b 2015 interim final rule web page. to access the page, please click here . to access the presentation directly, please click here. the department will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the h 2b program made by the h 2b 2015 final wage rule, in effect as of april 29, 2015. the webinar briefing is scheduled for august 21, 2015, from 1:00 pm until 2:30 pm eastern daylight time. there is no pre registration for the public webinar. the webinar will be accessible to the public on a first come, first served basis on the date specified. please read the instructions for accessing the department's h 2b final wage rule public webinar here . the office of foreign labor certification has posted new and updated labor condition application (lca/ eta form 9035/9035e) frequently asked questions (faqs) for the h 1b, h 1b1 and e 3 programs. the new faqs may be found here . the office of foreign labor certification (oflc) today has implemented a change in the official signature on approved labor certification applications. specifically, oflc determinations to grant permanent and temporary labor certification will no longer display the electronic signature of the oflc acting administrator, william w. thompson, ii. beginning july 31, 2015, the electronic signature on approved applications under the permanent (eta forms 9089, 750) and temporary (eta forms 9035e, 9142a, 9142b, 9033) visa programs will be shown as "certifying officer." this change demonstrates increased transparency and more accurately reflects the operational decision making process across the organization. the oflc has consulted with the department of homeland security's united state citizenship and immigration services on this change for purposes of accepting employer filed i 129 and i 140 petitions. the office of foreign labor certification has posted updated program factsheets containing the fy 2015 quarter 3 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 6/30/2015.the updated program factsheets may also be found on oflc's performance data page. the department of labor is making available frequently asked questions (faqs) that address post certification program integrity measures under the h 2b 2015 interim final rule. to read the faqs click here or visit the h 2b program page . the department of labor has posted an update regarding the processing of h 2b labor certifications granted under the 2008 final rule. to read the update, please visit the h 2b program page . the department has published two notices in the federal register announcing 60 day comment periods on its forms used in the h 2b program, which include the form eta 9142b, application for temporary employment certification, appendix b, and the new form eta 9165, employer provided survey attestations to accompany h 2b prevailing wage determination request based on a non oes survey. to read the notices, please click here for the eta 9142b and here for the eta 9165. to obtain a copy of the forms and the supporting documentation please submit your request to eta.oflc.forms@dol.gov , subject line: form eta 9142b or form eta 9165. the forms were approved by the office of management and budget in conjunction with the h 2b rulemaking under the emergency procedures of the paperwork reduction act. the department now seeks to extend the forms for three years. the department of labor is making available additional 2015 interim final rule frequently asked questions (faqs): 1. appeal procedures and 2. staggered crossing of h 2b nonimmigrants working in the seafood industry . the faqs may also be found on the h 2b program page under the "frequently asked questions" dropdown menu. july 15, 2015. fy 2015 q3 cumulative disclosure data the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 3 of fy 2015 are now available. click here to access the disclosure files and corresponding record layouts. the h 2b rfi mailbox at the chicago national processing center ( rfi.h2b.chicago@dol.gov ) will cease to be monitored july 13, 2015, and will no longer accept messages starting september 30, 2015. all stakeholders should use tlc.chicago@dol.gov for all communications concerning the h 2a and h 2b temporary labor certification programs. the office of foreign labor certification has updated the following h 2b forms: 1) form 9142b   general instructions; 2) appendix b; 3) form 9142b, job contractor requirements under the 2015 h 2b interim final rule. to access the forms, please click here . on may 27, 2015, the department of labor hosted a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the h 2b program made by the h 2b 2015 interim final rule, which became effective on april 29, 2015. to learn more, you may now access the webinar recording and presentation slides on the h 2b 2015 interim final rule page, under additional resources here . the recording of the h 2b 2015 final wage rule webinar briefing, hosted on may 15, 2015, has been posted under the prevailing wage information section on the office of foreign labor certification's h 2b 2015 interim final rule web page. to access the page, please click here . to access the recording directly, please click here . on april 15, 2015, the department of labor (department) published in the federal register a notice of proposed rulemaking: temporary agricultural employment of h 2a foreign workers in the herding or production of livestock on the open range in the united states (nprm) (80 fr 20300). the nprm provided for the submission of public comments through may 15, 2015. in response to public requests to extend the comment period, the department published a subsequent notice in the federal register to extend the comment period by 15 days, through june 1, 2015 (80 fr 25633). after the publication of the notice announcing the extension, the department received additional requests to extend the comment period. however, the department is required by court order to publish a final rule no later than november 1, 2015, mendoza v. perez, no. 11 1790 (d.d.c oct. 31, 2014), and any further extension of the comment period would significantly impair our ability to meet this court ordered deadline. as a result, we have not further extended the comment period beyond june 1, 2015. on may 27, 2015 at 2pm eastern daylight time, the department of labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the h 2b program made by the h 2b 2015 interim final rule, which became effective on april 29, 2015. please note that this webinar is limited to 300 participants and will be accessible to the public on a first come, first served basis. to learn more, including how to access the department's h 2b 2015 interim final rule public webinar, please click here. the recording of the h 2b 2015 final wage rule webinar briefing, hosted on may 13, 2015, has been posted under the prevailing wage information section on the office of foreign labor certification's h 2b 2015 interim final rule web page. to access the page, please click here . to access the recording directly, please click here. the presentation for the h 2b 2015 final wage rule webinar briefings, hosted on may 13, 2015 and may 15, 2015, has been posted under the prevailing wage information section on the office of foreign labor certification's h 2b 2015 interim final rule web page. to access the page, please click here . to access the presentation directly, please click here. the department will host two public webinars to educate stakeholders, program users, and other interested members of the public on the changes to the h 2b program made by the h 2b 2015 final wage rule, in effect as of april 29, 2015. the webinar briefings are scheduled for may 13, 2015 and may 15, 2015, from 1:00 pm until 2:30 pm eastern daylight time. there is no pre registration for the public webinars. each will be accessible to the public on a first come, first served basis on the dates specified. please read the instructions for accessing the department's h 2b final wage rule public webinars here. on april 15, 2015, the department of labor (department) published in the federal register a notice of proposed rulemaking: temporary agricultural employment of h 2a foreign workers in the herding or production of livestock on the open range in the united states (h 2a open range nprm), 80 fr 20300 (apr. 15, 2015). the notice provided for the submission of public comments through may 15, 2015. in order to provide the public with additional time to submit comments, the department published a subsequent notice in the federal register to extend this comment period. to read the notice extending the comment period by 15 days, to and including june 1, 2015, please click here. the office of foreign labor certification has created a dedicated web page for the h 2b 2015 interim final rule to provide assistance to stakeholders. the web page contains program details with links to frequently asked questions, the icert system for electronic filing, the forms page and more. to access the page, please click here. on april 29, 2015, the departments of labor and homeland security jointly published new regulations governing the h 2b temporary non agricultural labor certification program. the new regulations are effective immediately. in an effort to increase the transparency of foreign labor certification application processing, the office of foreign labor certification has expanded the data fields displayed in the perm, h 1b, h 2a and h 2b disclosure data. the 2nd quarter disclosure data now includes additional information that better coincides with the majority of data fields displayed located on the labor certification registry . a power point presentation has been posted here to provide details of the additional fields included in the new tables. on april 15, 2015, the federal district court for the northern district of florida issued a further order in perez v. perez, no 3:14 cv 682 (n.d. fla., march 4, 2015) that permits dol to continue its processing of h 2b applications and requests for prevailing wages through may 15, 2015 unless otherwise lifted by the court. therefore, dol is continuing to process h 2b applications and requests for prevailing wage. under the court order issued march 18, 2015, by the federal district court in perez v. perez, no. 3:14 cv 682 (n.d. florida), dol was permitted to temporarily resume processing h 2b requests for prevailing wages and applications for labor certification under the 2008 h 2b rule through april 15, 2015. the court's order permitted only a temporary resumption, and now requires dol once again to cease accepting or processing requests for prevailing wage determinations or applications for labor certification in the h 2b program. effective april 16, 2015, dol has ceased accepting or processing h 2b prevailing wage determinations and applications for h 2b temporary non agricultural labor certification under the 2008 rule. dol and dhs are moving as quickly as possible to issue new joint regulations that will enable dol to resume processing h 2b applications and requests for prevailing wage determinations. on april 15, 2015, the department published in the federal register a notice of proposed rulemaking: temporary agricultural employment of h 2a foreign workers in the herding or production of livestock on the open range in the united states (h 2a open range nprm). 80 fr 20300 (apr. 15, 2015). the department invites public comments on the h 2a open range nprm during the 30 day comment period ending on may 15, 2015. to read the h 2a open range nprm and learn how to submit comments, please click here . the office of foreign labor certification has posted updated program factsheets containing the quarter 2 fy 2015 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 3/30/2015.the updated program factsheets may also be found on oflc's performance data page . the department of labor is making available frequently asked questions (faqs) regarding its implementation of the northern district of florida's march 18, 2015 decision to temporarily stay its earlier judgment in perez v. perez, no. 3:14 cv 682 (n.d. florida, mar. 4, 2015). as a result of this stay, the department has temporarily resumed processing of requests for h 2b prevailing wage determinations and applications for h 2b temporary non agricultural labor certification until april 15, 2015. the faqs can be accessed here . on march 18, 2015, the federal district court in the northern district of florida issued an order effectively permitting dol to restart its processing of h 2b applications under the 2008 rule immediately and to continue processing applications under that rule through april 15, 2015. effective immediately, dol will begin processing h 2b applications under the 2008 rule and will continue to do so through april 15th. under the terms of the court's march 18th order, any application for certification or prevailing wage determination that has not completed dol processing by the time the stay ends as of april 16, 2015 may no longer be processed under the 2008 h 2b rule. on march 4, 2015, the federal district court in the northern district of florida vacated the department of labor's (dol) 2008 h 2b regulations on the ground that dol lacks authority under the immigration and nationality act to issue regulations in the h 2b program. perez v. perez, no. 3:14 cv 682 (n.d. fla., mar. 4, 2015). because this decision vacated the rule and permanently enjoined dol from enforcing it, dol was forced to immediately discontinue the processing of applications for temporary labor certification in the h 2b program. to rectify the regulatory gap that the vacatur has caused, dol and dhs are working expeditiously to issue a joint interim final rule (ifr). it is the two departments' intention to promulgate this rule by april 30, 2015. in addition, dol will seek to determine whether relief from the court's decision may be obtained such that processing can continue during the period of time before an ifr is promulgated. dol and dhs recognize the hardship that has resulted from the court's decision. that is why the departments are moving as quickly as possible to issue new regulations that would be consistent with the decision. in so doing, the departments must be mindful of other court decisions that have invalidated past subregulatory actions in the h 2b and related programs, including the issuance of guidance in the absence of rulemaking. on march 4, 2015, the federal district court in the northern district of florida vacated the department of labor‘s (dol) 2008 h 2b regulations on the ground that dol lacks authority under the immigration and nationality act to issue regulations in the h 2b program. perez v. perez , no. 3:14 cv 682 (n.d. florida, mar. 4, 2015). because of this decision, effective immediately, dol can no longer accept or process requests for prevailing wage determinations or applications for labor certification in the h 2b program. dol is considering its options in light of the court‘s decision. the department of labor has published a notice in the federal register to announce the allowable charges for 2015 that employers seeking h 2a workers may charge their workers when the employer provides three meals a day, and the maximum travel subsistence meal reimbursement that a worker with receipts may claim in 2015. the notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence for the h 2a program. to read the notice, please click here . the 2013 annual report presents information on the prevailing wage determination process, permanent labor certification, and temporary nonimmigrant labor certification for fy 2013. the report also contains state employment based labor certification profiles and top country employment based immigration profiles. click here to view the 2013 annual report. on dec. 23, 2014, the department announced procedures to implement the court's decision in comite de apoyo a los trabajadores agricolas et al v. perez, no. 14 3557 (3rd cir.dec. 5, 2014), which were applicable to (1) employers with pending prevailing wage requests based on an employer provided survey and (2) employers who had received a prevailing wage determination based on an employer provided survey but whose h 2b application had not yet been certified. in the latter case, the department is issuing supplemental prevailing wage determinations (spwds) based on the oes mean. for employers who already received an h 2b temporary labor certification based on an employer provided survey as of the date of the issuance of the court's order on december 5, 2014, the department will hold in abeyance the issuance of any spwds pending the conclusion of the adjudicatory proceeding initiated by the secretary of labor's notice of intent to issue a declaratory order, 79 fed. reg. 75179 (dec. 17, 2014). the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 1 of fy 2015 are now available. click here to access the disclosure files and corresponding record layouts. on december 17, 2014, the department of labor (department) published in the federal register a notice of intent to issue declaratory order, request for comment, 79 fed. reg. 75179 (notice). the notice provided for the submission of public comments through january 16, 2015. on january 16, 2015 the department published in the federal register a subsequent notice extending this comment period by 15 days, until february 2, 2015 in order to provide the public with additional time to submit comments. to read the notice extending the comment period, please click here . to read the notice and learn how to submit comments, please click here . the office of foreign labor certification (oflc) has updated the faq page of its official website with a new keyword search function, search faqs . users may now search the faq page by using a single keyword or exact phrase to identify items in the faq database that correspond to keywords or characters specified by the user. a tip sheet has been developed to assist with use of the search faqs tool. to access the faqs page and search faqs tip sheet, click here. on december 17, 2014, the department of labor (department) published in the federal register a notice of intent to issue declaratory order, request for comment, 79 fed. reg. 75179 (notice). the notice provided for the submission of public comments through january 16, 2015. the department will publish in the federal register a notice extending this comment period by 15 days, until february 2, 2015 in order to provide the public with additional time to submit comments. to read the notice and learn how to submit comments, please click here . on thursday, january 22nd, 2015 from 4:30pm until 5:30pm est , the department of labor (department) will host a stakeholder listening session regarding the permanent labor certification program (perm) via conference call. the session will be led by the department's deputy chief of staff, seema nanda and the assistant secretary for employment and training, portia wu. the department is interested in beginning a dialogue and receiving feedback from you regarding the perm program's role in employment based immigration, its current regulatory framework and any general areas of concern to the stakeholder community. to learn more, please read the department's factsheet . to participate in the listening session please rsvp no later than january 19th by clicking on the following link http://webapps.dol.gov/dolevents/event/view/347/perm public listening session and completing the registration form for the individual who will represent your organization . once an rsvp is received, your organization's representative will receive a confirmation e mail with additional details. if you have questions, please feel free to contact the department's office of public engagement at publicengagement@dol.gov . we look forward to engaging with you on this important issue. in response to inquiries from our stakeholders, the department is elaborating on the procedures that will be utilized in implementing the decision in comite de apoyo a los trabajadores agricolas et al v. solis , no. 14 3557 (3rd cir.), as stated below. additional guidance may also be posted here. employers with pending prevailing wage request: employers who have a prevailing wage determination request pending that is based on an employer provided survey may modify that request to utilize a service contract act (sca) or davis bacon act (dba) wage determination or a wage based on a collective bargaining agreement (cba). that request will not be treated as a new filing and the request will be processed based on the original filing date. employers are reminded that the request must specify precisely which sca or dba wage determination is being used or provide a copy of the collective bargaining agreement. in the absence of such a request, the npwc will issue the prevailing wage determination based on the oes mean for the occupation. employers who have received a prevailing wage determination: employers who have already received a prevailing wage determination based on an employer provided survey but who have not yet filed their application with the chicago national processing center (npc) may request a redetermination from the national prevailing wage center irrespective of the time limits set forth in 20 cfr 655.10(g). an employer who has received a prevailing wage determination based on an employer provided survey may use the survey based wage rate in its recruiting. employers who have filed their application with the npc, and whose applications are adjudicated favorably, will receive a supplemental prevailing wage determination (spwd) based on the oes mean for the occupation, along with the certification. the spwd will provide the opportunity to seek a redetermination under 20 cfr 655.10(g). if, upon redetermination, the use of an alternative wage source (sca, dba, or cba) is approved, the employer should return the original certification to the npc and a new certification will be issued. the department has published a notice in the federal register announcing new adverse effect wage rates (aewrs) for each state, based on the farm labor survey conducted by the u.s. department of agriculture. the aewrs are the minimum hourly wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment for a particular agricultural job and area, so that the wages of similarly employed u.s. workers will not be adversely affected. to read the federal register notice please click here . the department of labor has published in the federal register a notice of intent to issue a declaratory order applicable to the temporary non agricultural employment h 2b program. to read the notice, please click here . effective december 8, 2014, the department is no longer issuing prevailing wage determinations in the h 2b program based on employer provided wage surveys. this action is in response to the court order entered december 5, 2014 in comite de apoyo a los trabajadores agricolas et al v. solis , no. 14 3557 (3rd cir.). the court's order vacated the portion of the h 2b wage rule (20 cfr § 655.10(f)) and 2009 wage guidance permitting the use of such surveys. therefore, prevailing wage determination requests currently pending with the national prevailing wage center that seek to utilize employer provided surveys will be given the appropriate occupational employment statistics (oes) wage for the occupation. employers who wish to utilize a service contract act or davis bacon act wage determination or a wage based on a collective bargaining agreement may request redetermination under 20 cfr § 655.10(g). employers whose prevailing wage determination was based an employer provided wage survey, but whose h 2b applications for temporary employment certification have not yet resulted in a final determination by the chicago npc, will be notified of their new wage obligation along with their certification letters. > on november 20, 2014, the united states department of agriculture (usda) issued the farm labor survey (fls) report in which it established the average annual wage rates, by region and the united states, for field and livestock workers. the department of labor (department) relies on the average annual combined hourly wage for field and livestock workers in order to establish the adverse effect wage rates (aewrs) in the h 2a program. the aewrs are the minimum hourly wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment, so that the wages of workers similarly employed in the united states will not be adversely affected. the department is reviewing the usda fls average annual wage rates for 2014 and will soon publish a notice in the federal register announcing new adverse effect wage rates (aewrs) for each state at which time the rates will become immediately effective. to obtain more information on nass surveys and reports, please call the nass agricultural statistics hotline at (800) 727 9540, 7:30 a.m. to 4:00 p.m. et, or e mail: nass@nass.usda.gov . to obtain a copy of the latest usda fls report, please click here . as of october 27, 2014, the atlanta national processing center has changed its process and will no longer automatically forward to balca all perm case requests for reconsideration where the original case decision was upheld. rather, a notice of decision will be issued when the case is upheld, and the employer must affirmatively request review before balca no later than 30 calendar days after the date the notice of decision is issued. faqs now reflect this change in process. the office of foreign labor certification has posted updated program factsheets containing the quarter 4 fy 2014 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 9/30/2014.the updated program factsheets may also be found on oflc's performance data page . on july 8, 2013, the national archives and records administration (nara) approved oflc's revised retention schedule following a 30 day period of public notice and review. as part of its review and approval process, nara determined employer applications for labor certification and supporting documentation, whether retained in paper and electronic form, are temporary records and subject to destruction in accordance with an approved disposition schedule. the oflc approved disposition schedule authorizes the retention of records for a period of 5 years following the date a final determination letter is issued or final action occurs, such as a withdrawn application, subject to an active investigation or litigation hold. the records nara identified as permanent records are the annual disclosure data files currently located on the flc data center at http://www.flcdatacenter.com , as well as the quarterly disclosure data files and the oflc annual reports located on the oflc performance page at https://www.dol.gov/agencies/eta/foreign labor/performance. labor condition applications (lca) retained in the lca online system are all beyond the retention period of 5 years from a date of final determination or final action. therefore, effective october 17, 2014, the lca online system located at http://www.lca.doleta.gov has been decommissioned. the oflc will no longer respond to inquiries to search for records in response to foia requests, or provide information for requests for duplicate certifications for lca applications processed in the lca online system, in keeping with the oflc records schedule. on january 17, 2014, the president signed into law the consolidated appropriations act of 2014 (the "2014 appropriations act"), pub. l. 113 76, which included a provision permitting staggered entry of h 2b workers employed by employers in the seafood industry under certain conditions. following passage of the continuing appropriations resolution, 2015, pub. l. 113 164, this provision now expires on december 11, 2014; accordingly, no staggered entry of h 2b workers after december 11, 2014 will be permitted absent further legislative extensions. in order to use the "staggered crossing" provision established by the 2014 appropriations act, seafood industry employers must download, complete and sign the official attestation , and provide it to the h 2b nonimmigrant worker for presentation, upon request, to the department of state's consular officers and/or the department of homeland security's customs and border protection officers. the frequently asked questions (faqs) may be accessed here . the office of foreign labor certification has posted updated program factsheets containing the fy 2014 q4 td selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 8/31/2014.the updated program factsheets may also be found on oflc's performance data page. the office of foreign labor certification has posted updated program factsheets containing the fy 2014 q4 td selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 8/31/2014.the updated program factsheets may also be found on oflc's performance data page. important! the icert and perm systems will be unavailable during the following dates/times as the department upgrades the databases to oracle 11g: starting friday, august 22 at 7:00 pm est ending monday, august 25 at 6:00 am est we apologize for any inconvenience this may cause. in the event that the department's upgrade is delayed or canceled, we will post a revised or new technical announcement. we anticipate all systems returning to normal operations after 6:00 am est on monday, august 25. the office of foreign labor certification has posted an updated program factsheet containing the quarter 3 fy 2014 selected statistics for the prevailing wage determination program , reflecting the correct number of prevailing wage determinations fytd. reports are derived from program data as of 6/30/2014. the updated program factsheets may also be found on oflc's performance data page . oflc has posted updated versions of the perm and prevailing wage disclosure datasets titled "perm_fy14_q3.xlsx" and "pwd_fy14_q3.xlsx." these updated datasets include cumulative data covering october 1, 2013 through june 30, 2014. click here to access the disclosure files and corresponding record layouts. the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 3 of fy 2014 are now available. click here to access the disclosure files and corresponding record layouts. the office of foreign labor certification has posted updated program factsheets containing the quarter 3 fy 2014 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 6/30/2014.the updated program factsheets may also be found on oflc's performance data page . on july 1, 2014, oflc uploaded the newest prevailing wage data from the occupational employment survey as generated by the bureau of labor statistics for the year from july 2014   june 2015. the effective date is july 1, 2014. prevailing wages issued from the national prevailing wage center will reflect the new data. oflc has become aware of an anomaly in the published lca disclosure dataset titled "h1b_fy2014_q2". the error is with respect to the listing of the "pw_source_1" and "pw_source_2" data. the dataset erroneously listed a numeric code associated with a wage source; it has been corrected to display the actual wage source. the office of foreign labor certification has posted updated program factsheets containing the quarter 3 td fy 2014 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . reports are derived from program data as of 5/24/2014.the updated program factsheets may also be found on oflc's performance data page . oflc has become aware of an anomaly in the published prevailing wage disclosure datasets titled " pwd_fy 2013.xlsx " and " pwd_fy 2014_q2.xlsx " the error is with respect to the listing of wage levels (level i iv) under the column "pwd_wage_level" for all h 2b wage determinations issued on or after april 24, 2013. effective april 24, 2013 wage levels i iv were no longer issued for all h 2b wages, and the wage level listed on the disclosure dataset is inaccurate. h 2b oes wages were and are issued at the oes mean wage. the office of foreign labor certification has posted a disclosure data user guide on the disclosure data tab of the performance data section of their website that provides an example of how, using microsoft excel, the oflc disclosure data files can be filtered or sorted to provide relevant information specific to your needs. on july 8, 2013, the national archives and records administration (nara) approved oflc's revised retention schedule following a 30 day period of public notice and review. as part of its review and approval process, nara determined employer applications for labor certification and supporting documentation, whether retained in paper and electronic form, are temporary records and subject to destruction in accordance with an approved disposition schedule. the oflc approved disposition schedule authorizes the retention of records for a period of 5 years following the date a final determination letter is issued or final action occurs, such as a withdrawn application, subject to an active investigation or litigation hold. the records nara identified as permanent records are the annual disclosure data files currently located on the flc data center at http://www.flcdatacenter.com , as well as the quarterly disclosure data files and the oflc annual reports located on the oflc performance page at http://www.foreignlaborcert.doleta.gov/performancedata.cfm . labor condition applications (lca) retained in the lca online system: as of thursday, april 17, 2014, the oflc no longer has access to employer h 1b, h 1b1 or e 3 application records that are beyond the retention period of 5 years from a date of final determination or final action, and stored in the lca online system which is located at: http://www.lca.doleta.gov . the records have been destroyed in accordance with oflc's record schedule daa 0369 2013 0002. prior to the destruction of the records, any records within the 5 year retention period, part of an active investigation, freedom of information act requests, or mandatory litigation hold have been identified and were not destroyed. employers will still be able to access applications processed in 2009. the oflc will no longer respond to inquiries to search for records in response to foia requests, or provide information for requests for duplicate certifications for lca applications with a final determination issued in 2008 or earlier, in keeping with the oflc records schedule. on january 17, 2014, the president signed into law the consolidated appropriations act of 2014 (the "2014 appropriations act"), pub. l. 113 76, which includes a provision permitting staggered entry of h 2b workers employed by employers in the seafood industry under certain conditions. this provision expires on september 30, 2014; accordingly, no staggered entry of h 2b workers after september 30, 2014 will be permitted. in order to use the "staggered crossing" provision established by the 2014 appropriations act, seafood industry employers must download, complete and sign the official attestation , and provide it to the h 2b nonimmigrant worker for presentation, upon request, to the department of state's consular officers and/or the department of homeland security's customs and border protection officers. the frequently asked questions (faqs) may be accessed here . april 15, 2014 the icert system and the perm case management system (cms) will both be unavailable on saturday, may 3, 2014, from 6:00 am until approximately 8:00 pm eastern time for required scheduled maintenance. while we do not at this time anticipate problems once the maintenance has been performed, filers may experience delays and/or continued unavailability immediately following the scheduled maintenance, and the department will do everything possible to avoid or minimize any service issues. we apologize for the inconvenience. on january 17, 2014, the president signed into law the consolidated appropriations act of 2014 (the "2014 appropriations act"), pub. l. 113 76, which includes a provision permitting staggered entry of h 2b workers employed by employers in the seafood industry under certain conditions. this provision expires on september 30, 2014; accordingly, no staggered entry of h 2b workers after september 30, 2014 will be permitted. in order to use the "staggered crossing" provision established by the 2014 appropriations act, seafood industry employers must download, complete and sign the official attestation, and provide it to the h 2b nonimmigrant worker for presentation, upon request, to the department of state's consular officers and/or the department of homeland security's customs and border protection officers. the frequently asked questions (faqs) may be accessed here. the following case disclosure files cover determinations issued between january 1, 2014 through march 31, 2014. a small percentage of determinations are subject to change in subsequent quarterly releases due to appeal or redetermination decisions on employer applications. https://www.dol.gov/agencies/eta/foreign labor/performance the office of foreign labor certification has posted updated program factsheets containing the quarter 2 fy 2014 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . the updated program factsheets may also be found on oflc's performance data page . this announcement is an important reminder that our icert system web site at http://icert.doleta.gov is best viewed and optimized to work on microsoft internet explorer 8 (ie). although the icert system is functional using other versions of ie or alternative browsers such as firefox, chrome, or safari, please be aware that you may experience technical issues with screen navigation or other certain "pop up" windows (e.g., occupation or industry code pop up functions) appearing within the icert system, especially in the prevailing wage, h 2a and h 2b modules. until we release an upgrade to the icert system in the coming months, customers with ie 9, ie 10, or higher installed on their computers can fix these screen navigation or other technical issues by performing the following minor adjustments to their browser: once you completed these basic steps, your browser will be compatible with ie 8 and the icert system technical issues should be resolved. please do not hesitate to contact the icert system help desk at oflc.portal@dol.gov if you are continuing to have difficulties accessing the system. thank you. lcas approved, but email notifications not always getting to submitter: please be advised that oflc's icert system is experiencing an it glitch with respect to the issuance of confirmation emails for labor condition applications (lcas). oflc is working to resolve this issue. we strongly recommend that submitters continue to check their icert accounts to confirm lca status and to retrieve and print certified lcas. the department of labor has published a notification in the federal register to provide notice to the regulated community of the status of the wage methodology for the temporary non agricultural employment h 2b program, published january 19, 2011, (2011 wage rule) in the federal register. to read the notice, please click here . the department of labor has published a notice in the federal register to announce the allowable charges for 2014 that employers seeking h 2a workers may charge their workers when the employer provides three meals a day, and the maximum travel subsistence meal reimbursement that a worker with receipts may claim in 2014. the notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence for the h 2a program. to read the notice, please click here . the office of foreign labor certification has replaced an incorrect link previously located on the oflc's performance data page, disclosure data tab. the fiscal year 2012 pw_case_data_fy2012 link has been updated and now directs users to the correct fy 2012 prevailing wage disclosure data file. new frequently asked question (faq). this faq addresses how an employer is to demonstrate that it notified and considered laid off u.s. workers for the job opportunity listed on the eta form 9089. to read the faq, please click here and scroll to the perm / recruitment report subheading. the office of foreign labor certification has posted updated program factsheets containing the quarter 1 fy 2014 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . the updated program factsheets may also be found on oflc's performance data page . the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 1 of fy 2014 are now available. click here to access the disclosure files and corresponding record layouts. in order to implement the department's it modernization initiative and new cloud computing requirements, the oflc chicago national processing center (npc) deactivated the following email boxes on february 3, 2014: accordingly, h 2a and h 2b employers who need to request amendments/extensions or submit notices of worker abandonments and terminations must use the tlc.chicago@dol.gov mailbox. please remember to include "amend and extend" or "abandonment and termination", as applicable, in the "subject" line of your e mail. employers may also continue to submit these requests via fax on (312) 886 1688 or u.s. mail at the following address: u.s. department of labor office of foreign labor certification chicago national processing center 11 west quincy court chicago, il 60604 2105 attention: h 2a program unit section 212(a)(5)(a) of the immigration and nationality act requires the secretary to certify the admissibility of a foreign national for employment only when the secretary can certify that the employment of that foreign worker will not adversely impact the wages and working conditions of us workers similarly employed, and that there is a job opportunity for which a us worker is unavailable. as the regulated community knows, the department of labor's office of foreign labor certification (oflc) is responsible for maintaining the integrity and compliance of the primarily attestation based perm program through the use of certain measures, including audit and supervised recruitment, under a broad integrity review authority. at the time of perm's implementation, the department stated that oflc would select certain applications for audit, employing "auditing techniques that can be adjusted as necessary to maintain program integrity", as well as for quality control. 69 fed. reg. 77326, 77328 (dec. 27, 2004). the department noted at the time the need for changing audit criteria to focus integrity efforts on program abuse and adjust the audit mechanism as necessary as we gained program experience. 69 fed. reg. 77359. finally, the department reserved the process of supervised recruitment for a broad application "in any case in which the c[ertifying] o[fficer] deems it appropriate" as a reasonable quality control mechanism. 69 fed. reg. 77360, 77362. in response to a recent freedom of information act (foia) request, we are releasing and making available to all of the regulated community the following documentation regarding the areas in the perm program that have in the past warranted this closer examination. click here to view the oflc audit plan. these areas were deliberately chosen to ensure we are carrying out our statutory responsibilities while also recognizing the evolving nature of program integrity and quality control. we hope the publication of this information assists filers, especially first time filers, comply with the perm program's various requirements. the 2012 annual report presents information on the prevailing wage determination process, permanent labor certification, and temporary nonimmigrant labor certification for fy 2012. the report also contains state employment based labor certification profiles, information on stem related occupations in the labor certification programs, h 2a agricultural certification statistics, and top country employment based immigration profiles. click here to view the 2012 annual report. the department has published a notice in the federal register announcing new adverse effect wage rates (aewrs) for each state, based on the farm labor survey conducted by the u.s. department of agriculture. the aewrs are the minimum hourly wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment for a particular agricultural job and area, so that the wages of similarly employed u.s. workers will not be adversely affected. to read the federal register notice please click here . on december 3, 2013, the board of alien labor certification appeals (balca) issued an en banc decision in the matter of island holdings llc (2013 pwd 00002). that decision vacated the supplemental prevailing wage determinations issued in light of the department's interim final h 2b wage rule (78 fed. reg. 24047, april 24, 2013). a class action complaint has been filed in the district court in the eastern district of pennsylvania, challenging the island holdings decision, cata v. perez , 13 cv 07213. after a full review of the island holdings decision and the district court complaint, the department has decided to postpone action on the island holdings decision pending judicial review, as permitted by the administrative procedure act, 5 u.s.c. § 705. this action is in the interest of justice, given the confusion and substantial disruption that would be created if the department implemented the decision and it was subsequently overturned by the district court. accordingly, all oflc actions related to the resolution of appeals in the supplemental prevailing wage decisions will be stayed, pending the resolution of the district court action. please continue to check back on this site for additional information. the office of foreign labor certification has posted revised program factsheets containing the fy 2013 selected statistics for the permanent labor certification program, and the fy 2013 h 2a temporary agricultural labor certification program. the revised program factsheets may be found on oflc's performance data page. the h 1a nursing visa (20 cfr 655 subparts d and e) and the f 1 student off campus work permit (20 cfr 655 subparts j and k) regulations were based on statutes that sunset september 30, 1997 and september 30, 1996, respectively; the programs sunset at later dates and have now been completed. the logging provisions in 20 cfr subpart c were incorporated into the h 2a regulations published in the department of labor's final rule, temporary agricultural employment of h 2a aliens in the united states, 75 fr 6884 (feb. 12, 2010). to see the h 1a rule, click here . to see the f 1 rule, click here , to see the logging rule, click here . 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. to learn more, please read the usda news release. the office of foreign labor certification has posted updated program factsheets containing the quarter 4 fy 2013 selected statistics for the permanent labor certification program, prevailing wage determination program, h 1b temporary visa program, h 2a temporary agricultural visa program, and h 2b temporary non agricultural visa program. the updated program factsheets may also be found on oflc's performance data page. on july 8, 2013, the national archives and records administration (nara) approved oflc's revised retention schedule following a 30 day period of public notice and review. as part of its review and approval process, nara determined employer applications for labor certification and supporting documentation, whether retained in paper and electronic form, are temporary records and subject to destruction in accordance with an approved disposition schedule. the oflc approved disposition schedule authorizes the retention of records for a period of 5 years following the date a final determination letter is issued, subject to an active investigation or litigation hold. the records nara identified as permanent records are the annual disclosure data files currently located on the flc data center at http://www.flcdatacenter.com , as well as the quarterly disclosure data files and the oflc annual reports located on the oflc performance page at http://www.foreignlaborcert.doleta.gov/performancedata.cfm . permanent program applications retained in the oflc permanent backlog system (pbls): as of october 25, 2013 the oflc no longer has access to employer application records that are beyond the retention period of 5 years from the date a final determination was issued and stored in the pbls system. the pbls system, which was previously used by the oflc backlog processing centers, has now been destroyed in accordance with oflc records schedule number daa 0369 2013 0002. prior to destruction of the pbls system software and database, any records within the 5 year retention period, active investigation, freedom of information act requests, or mandatory litigation hold have been identified and were not destroyed. the oflc will no longer respond to inquiries to confirm priority dates, search for records in response to foia requests, or provide information for requests for duplicate certifications for permanent labor certification applications with a final determination issued in 2008 or earlier, in keeping with the oflc records schedule. on october 21st, oflc announced, as a temporary accommodation not to exceed 30 days, it would send an adobe pdf of an approved certification to h 2a employers and authorized representatives. that accommodation will be continued through november 18, 2013. the department has revised the eta form 232, domestic agricultural in season wage report and eta form 232 a, wage survey interview record which are used by state workforce agencies (swa) to collect wage information from agricultural employers for the h 2a program. this enhanced survey and reporting mechanism will allow for a more accurate data collection by the swas in support of the direct administration of the foreign labor certification programs. as of the date of this announcement, state workforce agencies should use the new forms for future h 2a program wage reporting to the office of foreign labor certification. to access the revised forms please click here . 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). on oct. 21, 2013, dol issued an announcement to h 2a stakeholders stating that once the tlc is certified, the chicago national processing center will send an email to the employer and its authorized representative containing an adobe pdf of the labor certification. the employer would need to print, sign and date the pdf version for submission to uscis with the form i 129, petition for nonimmigrant worker. uscis usually requires that a petitioner submit the certified tlc on blue security paper with original signatures. beginning today, uscis in consultation with dol, has determined that uscis will temporarily accept form i 129 h 2a petitions that are filed with a copy of the certified tlc. during this temporary accommodation, the signatures on the tlc submitted to uscis do not need to be original. this temporary accommodation is being implemented because of the unique time sensitivities associated with agricultural work. h 2a petitioners must submit the original form i 129 petition, all required fees, and supporting documentation with a copy of the signed, certified tlc. dol has indicated that this accommodation should last no longer than 30 days. uscis will provide further guidance on when this accommodation will expire. at that time, h 2a petitioners will once again be required to submit the signed original of the certified tlc with their h 2a petition. 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: on july 8, 2013, the national archives and records administration (nara) approved oflc's revised record retention schedule following a 30 day period of public notice and review. during its review and approval process, nara determined employer application files and supporting documentation, whether retained in paper or electronic form, to be temporary records and subject to destruction in accordance with an approved disposition schedule. the oflc approved disposition schedule authorizes retention of records for a period of 5 years following the date a final determination letter is issued, subject to an active investigation or litigation hold. employer applications that are part of an active investigation or pending litigation are exempted from the approved disposition schedule and will be retained until the investigation and/or litigation matters are closed. this approved disposition schedule limits retention of both paper and electronic records to a 5 year period. records retained by the oflc beyond the 5 year period will be destroyed on at least an annual schedule or as determined by the oflc. furthermore, this approved disposition schedule authorizes the destruction of case management systems and software as they become obsolete and are no longer needed to administer the program(s). for example, the paradox database, formerly used by the eta regional offices, and which is no longer needed in the administration of the permanent program, will be destroyed by september 26, 2013. this database contains texts of information related to employer applications filed in 2002 or earlier where the records have been destroyed. the text is called screenshots. as the oflc implements its approved disposition schedule, we will provide notice to the public identifying the records and, where applicable, the associating case management systems and software being destroyed. the records nara identified as permanent records are the annual disclosure data files currently located on the flc data center at http://www.flcdatacenter.com ; as well as the quarterly disclosure data files and the oflc annual reports located on the oflc performance page at https://www.dol.gov/agencies/eta/foreign labor/performance. 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 . 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. this final rule is being published in order to comply with recurrent legislation that prohibits the department from using any funds to implement the 2011 wage rule, and also to permit time for consideration of the public comments that were sought in conjunction with a separate h 2b wage interim final rule (ifr) published april 24, 2013, 78 fr 24047. this final rule does not affect the ifr, which establishes the current prevailing wage methodology for the h 2b program; that rule remains in effect. to see the final rule, please click here . the department has published a notice in the federal register announcing a 60 day comment period on its proposed changes to the form eta 9033, attestation by employers using alien crewmembers for longshore activities in u.s. ports and eta 9033a, attestation by employers using alien crewmembers for longshore activities in the state of alaska. to read the notice, please click here . to obtain a copy of the forms with proposed changes and the supporting documentation please submit your request to eta.oflc.forms@dol.gov , subject line: revised form eta 9033. comments to the package must be submitted on or before october 7, 2013. the department of labor (department) is issuing a notice of proposed rulemaking (nprm) to delay indefinitely the effective date of the 2011 h 2b wage rule. the nprm is being published in order to comply with recurrent legislation that prohibits the department from using any funds to implement the 2011 h 2b wage rule, and also to permit time for consideration of the public comments that were sought in conjunction with a separate h 2b wage interim final rule published april 24, 2013, 78 fr 24047. comments are being accepted on the nprm until august 9, 2013. to see the nprm please click here . the department is pleased to announce the implementation of the labor certification registry (lcr) on the office of foreign labor certification's (oflc) icert visa portal system web site. the lcr provides the public with access to appropriately redacted copies of h 1b, h 1b1, e 3, h 2a, h 2b and permanent labor certification documents issued by oflc, as well as quarterly and annual case disclosure data. to learn more about the lcr, please read the department's federal register notice . to access the lcr, please click here . the office of foreign labor certification has posted updated program factsheets containing the quarter 3 fy 2013 selected statistics as of june 15, 2013, for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . the updated program factsheets may also be found on oflc's performance data page . the u.s. citizenship and immigration services (uscis) announced that it will no longer accept prior versions of form g 28 after may 26, 2013. the new version of the form g 28 and its instructions, which were published on march 28, 2013, can be accessed by clicking here . all fields of the form g 28 must be completed and signed by both the client and the attorney or accredited representative. each individual application or petition must be accompanied by a separate, completed and signed form g 28. as announced by uscis on april 25, 2013, uscis has resumed processing of all form i 129, h 2b petitions for temporary non agricultural workers. read the uscis alert . the office of foreign labor certification has posted updated program factsheets containing the quarter 2 fy 2013 selected statistics for the permanent labor certification program , prevailing wage determination program , h 1b temporary visa program , h 2a temporary agricultural visa program , and h 2b temporary non agricultural visa program . the updated program factsheets may also be found on oflc's performance data page . as announced by uscis on april 2, 2013, uscis has temporarily suspended adjudication of certain form i 129 h 2b petitions for temporary non agricultural workers. for more complete information, please visit http://go.usa.gov/2urt . effective march 22, u.s. citizenship and immigration services (uscis) is temporarily suspending adjudication of most form i 129 h 2b petitions for temporary non agricultural workers while the government considers appropriate action in response to the court order entered march 21, 2013 in comite de apoyo a los trabajadores agricolas et al v. solis , 2:09 cv 00240 ldd (e.d. pa). that order granted a permanent injunction against the operation of the portion of the department of labor's (dol) 2008 wage rule related to certain prevailing wage determinations and gave dol 30 days to come into compliance with the court order. read the alert . effective march 22, the department is holding in abeyance the issuance of final determinations on most pending h 2b applications for temporary labor certification and those it received after march 22, while it considers appropriate action in response to the court order entered march 21, 2013 in comite de apoyo a los trabajadores agricolas et al v. solis, 2:09 cv 00240 ldd (e.d. pa). that order granted a permanent injunction against the operation of the portion of the 2008 wage rule related to certain prevailing wage determinations and gave the department 30 days to come into compliance with the court order. the department will, however, continue to process and issue final determinations on h 2b applications for temporary labor certification where the employer's wage offer is based upon a prevailing wage not enjoined by the court order: those utilizing applicable collective bargaining agreements, acceptable private wage surveys or service contract act or davis bacon act wage determinations. the department intends to promulgate a revised wage rule within 30 days of the date of the court order. this will allow the department to resume providing employers with both prevailing wage determinations and final determinations on their h 2b applications for temporary labor certification. we encourage stakeholders to sign up to receive e mail updates through the department's office of foreign labor certification (oflc) web site. instructions for signing up for e mail updates are provided below. the department of labor has published a notice in the federal register delaying the effective date of the wage methodology for the temporary non agricultural employment h 2b program final rule (2011 wage final rule), which was published on january 19, 2011, 76 fr 3452. in light of the enactment of the consolidated and further continuing appropriations act, 2013, pub. l. 113 6, which establishes the department's appropriations through september 30, 2013, and also continues the prohibition of the expenditure of the department's appropriated funds to implement, administer, and enforce the 2011 wage final rule, the department is delaying the effective date of the 2011 wage final rule. to read the final rule please click here . the department has published in the federal register a notice correcting certain prevailing wage rates established by the january 8, 2013 notice for h 2a workers and workers in corresponding employment engaged in the open range production of livestock in texas, wyoming, idaho, montana, north dakota, south dakota, and oklahoma. in addition, this notice rescinds prevailing wage rates established by the january 8, 2013 notice for h 2a workers and workers in corresponding employment engaged in sheepherding and goatherding occupations in arizona, nevada, oregon and washington. in the absence of the january 8 prevailing wage rates for sheepherding and goatherding, the department is reverting to previously established prevailing wage rates for these occupations. to learn more, please read the federal register notice . effective march 22, the department is holding in abeyance most pending h 2b prevailing wage requests and those it received after march 22, while it considers appropriate action in response to the court order entered march 21, 2013 in comite de apoyo a los trabajadores agricolas et al v. solis, 2:09 cv 00240 ldd (e.d. pa). that order granted a permanent injunction against the operation of the portion of the 2008 wage rule related to prevailing wage determinations and gave the department 30 days to come into compliance with the court order. the result is that the department can no longer make prevailing wage determinations based on the occupational employment statistics (oes) survey four tier wage system. the department will, however, continue to process prevailing wage requests not enjoined by the court order: those utilizing applicable collective bargaining agreements, acceptable private wage surveys or service contract act or davis bacon act wage determinations. the department intends to comply with the court order within 30 days by promulgating a revised wage rule. this will allow the department to resume providing employers with prevailing wage determinations. we encourage stakeholders to sign up to receive e mail updates through the department's office of foreign labor certification (oflc) web site. instructions for signing up for e mail updates are provided below. the department has published in the federal register a notice establishing the 2013 allowable meal charges and maximum travel subsistence reimbursement amounts. the 2013 allowable charge for providing three meals a day is set at $11.42 per day, although employers may petition the chicago national processing center for a higher charge if justified by documentation of actual costs. similarly, the 2013 minimum subsistence charge for meals during travel is set at $11.42 a day. the maximum travel subsistence for meals will remain set at $46.00 per day again this year for those workers who submit receipts substantiating a higher expense. workers may claim up to $34.50 with receipts for travel subsistence when traveling less than a full day. the new 2013 amounts are effective upon publication in the federal register. to learn more, please read the federal register notice . the department expects to publish within a week a notice in the federal register establishing the 2013 allowable meal charges and maximum travel subsistence reimbursement amounts. the new 2013 amounts will become effective upon publication in the federal register, which the department will announce on this website. the department of labor has posted new faqs for the h 2a program. topics include custom combine activities, housing inspections, filing an application, rates of pay, reimbursable costs, surety bonds, and recruitment. these faqs are available here and on the faqs page of the oflc website under the h 2a heading. the department of labor has posted new faqs for the h 2a program. topics include signatures, job preferences, and fees. these faqs are available here and on the faqs page of the oflc website under the h 2a heading. on january 8, 2013, the department published a notice in the federal register establishing new 2013 prevailing wage rates for certain occupations processed under h 2a special procedures, including for sheepherding/goatherding and open range production of livestock occupations which became effective immediately. see, 78 fr 1260 (jan. 8, 2013). the department is hereby updating prevailing wage rates for these occupations that must be offered and paid in certain states effective as of january 8, 2013. to access these prevailing wage rates please click here . the department has published a notice in the federal register announcing new adverse effect wage rates (aewrs) for each state based on the farm labor survey conducted by the u.s. department of agriculture. the aewrs are the minimum hourly wage rates the department has determined must be offered and paid by employers to h 2a workers and workers in corresponding employment for a particular agricultural job and area so that the wages of similarly employed u.s. workers will not be adversely affected. to read the federal register notice please click here . important note: the department will publish a separate federal register notice to announce the allowable charges for 2013 that employers seeking h 2a workers may charge for meals as well as the maximum travel subsistence reimbursement that a worker can claim. until that federal register notice is published, employers should continue to use the current meal charges and maximum travel subsistence which may be accessed here . the department has published a notice in the federal register establishing new prevailing wage rates for certain occupations processed under h 2a special procedures. the wage rates established by this federal register notice apply only to the following activities: open range production of livestock, itinerant animal shearing, sheepherding and goatherding, and custom combine operations. to read the federal register notice please click here . the 2011 annual report presents information on the prevailing wage determination process, permanent labor certification and temporary nonimmigrant labor certification for fy 2011. the report also contains state employment based labor certification profiles, information on stem related occupations in the labor certification programs, h 2a agricultural certification statistics, and country employment based immigration profiles. click the here to view the annual report. the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 4 of fy 2012 are now available in csv format. click here to access the disclosure files and corresponding record layouts. historical oflc program disclosure files for prior fiscal years prior to 2008 are available on our foreign labor certification data center website at www.flcdatacenter.com . the department, in anticipation of the enactment of h.j.res 117, which prohibits the department from expending funds to implement the 2011 h 2b wage rule for the duration of that continuing resolution, will publish in the federal register a final rule extending the effective date of the 2011 wage rule to march 27, 2013. the final rule is posted on the federal register's web site september 28, 2012 and it is accessible here . the office of foreign labor certification has posted updated program factsheets containing the fy 2012 selected statistics for the: the program information included in the factsheets is for the 2012 fiscal year to date (september 16, 2012). the updated program factsheets may also be found on oflc's performance data page . the department has made available for public inspection a federal register notice formally announcing the implementation of electronic filing in the h 2a and h 2b visa programs through the department's icert visa portal system. as indicated in the notice, electronic filing in the h 2b program will begin on october 15, 2012 . electronic filing in the h 2a program will begin on december 10, 2012 . in advance of these implementation dates, the department will conduct four webinar training sessions to orient the public to electronic filing in the h 2a and h 2b programs. to read the federal register notice please click here . to learn more about the implementation of electronic filing, including how to participate in the upcoming webinar training sessions, please click here . the department is announcing the implementation of electronic filing in the h 2a and h 2b visa programs through the department's icert visa portal system. we believe this new electronic filing capability will enhance the accessibility and quality of labor certification services, reduce the data collection and reporting burden on small employers, facilitate more streamlined business processes, and establish greater transparency in the department's decisions. electronic filing in the h 2b program will begin on october 15, 2012 . electronic filing in the h 2a program will begin on december 10, 2012 . in advance of these implementation dates, the department will publish a federal register notice formally announcing implementation of electronic filing, and then conduct four webinar training sessions to orient the public to electronic filing in the h 2a and h 2b programs. to learn more about the implementation of electronic filing, including how to participate in the upcoming webinar training sessions, please click here . the oflc perm, h 2a, h 2b, prevailing wage, and h 1b program disclosure data files for quarter 3 of fy 2012 are now available in csv format. click here to access the disclosure files and corresponding record layouts. historical oflc program disclosure files for prior fiscal years are available on our foreign labor certification data center website at www.flcdatacenter.com . a federal register notice was published today soliciting comment from the public regarding the merger of two information collection requests (icr) and the creation of two additional icrs. omb control number 1205 0466 contains eta form 9141, application for prevailing wage determination , and eta form 9142, application for temporary employment certification . these forms are set to expire on october 31, 2012. omb control number 1205 0404 contains the h 2a certification letter. this information collection is also set to expire on october 31, 2012. the department is proposing to separate out the three different icrs that were formerly all contained in 1205 0466 as well as discontinue 1205 0404 by merging it into the new 1205 0466. obtain a copy of the notice here . comments are due by october 15, 2012. the chicago national processing center (cnpc) has a new address. beginning on august 2, 2012, please direct your hard copy filings for the d 1, h 2a and h 2b programs to the cnpc's new addresses provided below. please note that the cnpc move does not affect the electronic filing of lcas but any employer with permission to file by hard copy should direct its lca filing(s) to the new address. please also remember to direct your payments of h 2a labor certification fees to the new p.o. box address (also listed below). for application filings: u.s. department of labor employment and training administration office of foreign labor certification chicago national processing center 11 west quincy court chicago, il 60604 2105 p.o. box address for the receipt of h 2a related filing fees: u.s. department of labor employment and training administration office of foreign labor certification chicago national processing center po box a3804 chicago, il 60690 3804 archive an agency within the u.s. department of labor 200 constitution ave nw washington, dc 20210 1 877 us 2jobs 1 877 872 5627 www.dol.gov connect with dol

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an official website of the united states government here’s how you know the .gov means it’s official. federal government websites often end in .gov or .mil. before sharing sensitive information, make sure you’re on a federal government site. the site is secure. the https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. e.o. 14024 establishes a new national emergency under which sanctions may be imposed against individuals and entities furthering specified harmful foreign activities of the russian federation. this national emergency is separate from the national emergency relating to the crisis in ukraine, declared in e.o. 13660 and further addressed in e.o.s 13661, 13662, 13685, and 13849. e.o. 14024 addresses national security threats posed by specified harmful foreign activities of the russian federation, including: its efforts to undermine the conduct of free and fair democratic elections and democratic institutions in the united states and its allies and partners; engaging in and facilitating malicious cyber enabled activities against the united states and its allies and partners; fostering and using transnational corruption to influence foreign governments; pursuing extraterritorial activities targeting dissidents or journalists; undermining security in countries and regions important to united states national security; and violating well established principles of international law, including respect for the territorial integrity of states. like any other blocking executive order, e.o. 14024 permits the united states to impose blocking and short of blocking sanctions. the office of foreign assets control (ofac) issued several directives under e.o. 14024 specifying certain prohibitions relating to persons determined to be subject to the applicable directive. ofac recommends reviewing the sanctions lists maintained by ofac, including the specially designated nationals and blocked persons list (sdn list), the list of foreign financial institutions subject to correspondent account or payable through account sanctions (capta list), and the non sdn menu based sanctions list (ns mbs list), to determine which sanctions are applicable. on december 22, 2023, the president issued e.o. 14114, “taking additional steps with respect to the russian federation’s harmful activities,” which amended e.o. 14024 to further address the russian federation’s continued use of its military industrial base to aid its effort to undermine security in countries and regions important to united states national security. see faq 1147 for information on how e.o. 14114 amended e.o. 14024. date updated: february 23, 2024 released on april 15, 2021 persons identified pursuant to e.o. 13662 as subject to directive 3 for operating in the defense and related materiel sector of the russian federation economy are not subject to prohibitions under e.o. 14024 unless those persons are also sanctioned pursuant to e.o. 14024. for more information regarding directive 3, please review applicable ofac public guidance, such as faq 411. e.o. 14024 provides for blocking sanctions on persons operating in the technology sector or the defense and related materiel sector of the russian federation economy, or any other sectors determined by the secretary of the treasury, in consultation with the secretary of state. the identification of a sector pursuant to e.o. 14024 provides notice that persons operating in the identified sector are exposed to sanctions risk; however, such identification does not automatically block all persons operating in the sector. only persons designated pursuant to e.o. 14024 for operating in the defense and related materiel sector of the russian economy (or any other sector identified under the e.o.) are subject to blocking sanctions and will appear on the sdn list. e.o. 14024, as amended by e.o. 14114, also authorizes the imposition of sanctions on foreign financial institutions that have conducted or facilitated certain transactions involving russia’s military industrial base. see faqs 1147, 1148, 1149, 1150 and 1151 for information. date updated: february 23, 2024 released on april 15, 2021 pursuant to the russia related sovereign debt directive, the following activities by a u.s. financial institution are prohibited: further, except to the extent otherwise provided by law or unless authorized by ofac or exempt, the following are also prohibited pursuant to the russia related sovereign debt directive: (1) any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions of the russia related sovereign debt directive; and (2) any conspiracy formed to violate any of the prohibitions of the russia related sovereign debt directive. independent of the russia related sovereign debt directive, ofac has imposed prohibitions on certain russia related entities subject to the russia related sovereign debt directive, pursuant to russia related directives under executive order (e.o.) 13883 and e.o. 14024. date updated: march 02, 2022 released on april 15, 2021 yes (see faq 888 and faq 965). date updated: february 22, 2022 released on april 15, 2021 even prior to june 14, 2021, “u.s. banks” were prohibited from participating in the primary market for non ruble denominated bonds issued by the russian sovereign (including the central bank of the russian federation, the national wealth fund of the russian federation, and the ministry of finance of the russian federation), and from lending non ruble denominated funds to the russian sovereign pursuant to the russia related directive under executive order 13883 (“cbw act directive”), which was issued on august 2, 2019 and went into effect on august 26, 2019. however, the cbw act directive does not prohibit “u.s. banks” (as defined in the cbw act directive) from participating in the primary market for ruble denominated bonds issued by the russian sovereign, or the lending of ruble denominated funds to the russian sovereign. pursuant to directive 1a under (e.o.) 14024 , “prohibitions related to certain sovereign debt of the russian federation” (russia related sovereign debt directive), after june 14, 2021, u.s. financial institutions (as defined in the russia related sovereign debt directive) are prohibited from participating in the primary market for ruble or non ruble denominated bonds issued by, or the lending of ruble or non ruble denominated funds to, the central bank of the russian federation, the national wealth fund of the russian federation, or the ministry of finance of the russian federation, unless otherwise authorized by ofac or exempt. pursuant to the russia related sovereign debt directive, as of march 1, 2022, u.s. financial institutions are also prohibited from participating in the secondary market for ruble or non ruble denominated bonds issued after march 1, 2022 by these entities. note that the prohibitions found in the cbw act directive remain in effect and are separate from the prohibitions of the russia related sovereign debt directive, or other directives under e.o. 14024. for more information on the cbw act directive, please see faqs 673   678. date updated: march 02, 2022 released on april 15, 2021 no. the prohibitions of the russia related sovereign debt directive apply only to bonds issued by, or loans made to, the central bank of the russian federation, the national wealth fund of the russian federation, or the ministry of finance of the russian federation. the prohibitions of the russia related sovereign debt directive do not apply to the property or interests in property of those three entities. date updated: february 22, 2022 released on april 15, 2021 russia related gl 1b authorizes u.s. persons to engage in certain transactions and activities involving the federal state budgetary institution marine rescue service (mrs) that are otherwise prohibited by executive order (e.o.) 14039 of august 20, 2021, "blocking property with respect to certain russian energy export pipelines," the protecting europe's energy security act of 2019, 22 u.s.c. 9526 note, as amended (peesa), or e.o. 14024. an earlier version of this gl was issued on may 21, 2021 (gl 1) and amended on august 20, 2021 (gl 1a) concurrent with the promulgation of e.o. 14039. on december 18, 2024, gl 1a was amended and re issued following the designation of mrs under e.o. 14024. russia related gl 1b replaces and supersedes gl 1a effective december 18, 2024. gl 1b authorizes u.s. persons to engage in transactions and activities involving mrs, or any entity in which mrs owns, directly or indirectly, a 50 percent or greater interest, that are not related to the construction of the nord stream 2 pipeline project, the turkstream pipeline project, or any project that is a successor to either such project. gl 1b does not, however, authorize any transactions or activities with any vessels identified on the office of foreign assets control’s list of specially designated nationals and blocked persons (sdn list) as blocked property of mrs, including vessels identified as blocked property of any entity in which mrs owns, directly or indirectly, a 50 percent or greater interest. date updated: december 18, 2024 released on august 20, 2021 the protecting europe’s energy security act of 2019, 22 u.s.c. 9526 note, as amended (peesa), requires the imposition of sanctions with respect to the provision of vessels engaged in specified activities for the construction of certain russian energy export pipelines, including the nord stream 2 pipeline project, the turkstream pipeline project, or any project that is a successor to either such project. e.o. of august 20, 2021, issued under the international emergency economic powers act (ieepa), authorizes the secretary of the treasury and the secretary of state to further implement those sanctions and directs agencies of the united states government to take all appropriate measures within their authority to ensure the full implementation of those sanctions. among other things, e.o. of august 20, 2021 enables treasury to promulgate regulations and provides for blocking of peesa designated persons without the exception relating to the importation of goods in section 7503(e) of peesa. all property and interests in property of persons designated pursuant to e.o. of august 20, 2021 that are or come within the united states or the possession or control of u.s. persons are blocked, and u.s. persons are generally prohibited from engaging in transactions with them. additionally, entities owned 50 percent or more, individually or in the aggregate, directly or indirectly, by one or more blocked persons are also blocked. released on august 20, 2021 directive 1 under e.o. 14024 of april 15, 2021 imposed prohibitions on participation in the primary market for ruble or non ruble denominated bonds issued by, or the lending of ruble or non ruble denominated funds to, the central bank of the russian federation, the national wealth fund of the russian federation, or the ministry of finance of the russian federation. the russia related sovereign debt directive replaces and supersedes directive 1 under e.o. 14024 of april 15, 2021. it expands upon the existing prohibitions to also prohibit, as of march 1, 2022 , participation in the secondary market for ruble or non ruble denominated bonds issued by these entities after march 1, 2022. please see faq 888 for additional details on the effective dates of these prohibitions. the russia related sovereign debt directive also includes technical revisions to the definition of “u.s. financial institution” to expand the definition. independent of the russia related sovereign debt directive, ofac has imposed prohibitions on certain russia related entities subject to the russia related sovereign debt directive, pursuant to russia related directives under e.o. 13883 and e.o. 14024. date updated: march 02, 2022 released on february 22, 2022 treasury took expansive sanctions actions related to russia’s financial services sector in february 2022 as detailed below. date updated: march 02, 2022 released on february 24, 2022 the russia related capta directive prohibits u.s. financial institutions from: (i) the opening or maintaining of a correspondent account or payable through account for or on behalf of foreign financial institutions determined to be subject to the prohibitions of the russia related capta directive; and (ii) the processing of transactions involving foreign financial institutions determined to be subject to the prohibitions of the russia related capta directive. please see the russia related capta directive for the definition of the terms "u.s. financial institution" and "foreign financial institution" for purposes of this directive. please see faq 969 regarding the applicability of ofac’s 50 percent rule with respect to this directive. annex 1 to the russia related capta directive lists the foreign financial institutions determined to be subject to the prohibitions as of march 26, 2022. foreign financial institutions determined to be subject to the prohibitions of the russia related capta directive, including the foreign financial institutions listed in annex 1, can be found on the office of foreign assets control's (ofac) list of foreign financial institutions subject to correspondent account or payable through account sanctions (capta list). relevant entries on the capta list will denote when a foreign financial institution became subject to the prohibitions of the russia related capta directive, as well as when the prohibitions of the russia related capta directive come into effect with respect to that foreign financial institution. the below table identifies the dates the prohibitions of the russia related capta directive take effect for (i) foreign financial institutions listed in annex 1 to the russia related capta directive, and (ii) foreign financial institutions otherwise determined to be subject to its prohibitions and added to the capta list. u.s. financial institutions must close any correspondent or payable through account maintained for or on behalf of foreign financial institutions determined to be subject to the prohibitions of the russia related capta directive, or their property or interests in property, by the relevant effective date. separately, as of the relevant effective date, u.s. financial institutions may not process transactions involving foreign financial institutions determined to be subject to the prohibitions of the russia related capta directive, or their property or interests in property, and must reject such transactions unless exempt or authorized by ofac. accordingly, after the relevant effective date, u.s. financial institutions must reject any transaction involving a foreign financial institution determined to be subject to the prohibitions of the russia related capta directive or involving that foreign financial institution's property or interests in property. this includes rejecting transactions related to any securities (including depositary receipts) issued by a foreign financial institution determined to be subject to the prohibitions of the russia related capta directive, including secondary market trading. for certain authorized securities related transactions, see gl 9c and faq 981. by virtue of the prohibition on the processing of transactions for or on behalf of foreign financial institutions determined to be subject to the prohibitions of the russia related capta directive, u.s. financial institutions are also prohibited from engaging in transactions with a covered foreign financial institution in connection with the foreign financial institution's role as a local custodian for depositary receipt issuances. the russia related capta directive does not impose blocking sanctions and, thus, does not require u.s. financial institutions (or other u.s. persons) to block the assets of foreign financial institutions determined to be subject to the prohibitions of this directive. however, u.s. persons should be aware that foreign financial institutions subject to the prohibitions of the russia related capta directive may also be subject to additional prohibitions under other sanctions authorities, such as additional directives under e.o. 14024 or e.o. 13662. ofac issued several russia related general licenses (gls) authorizing certain transactions involving the foreign financial institutions subject to the prohibitions of the russia related capta directive, including: on march 1, 2022, ofac issued the russian harmful foreign activities sanctions regulations, 31 cfr part 587 (ruhsr), which incorporate gl 5 in section 587.510 of the ruhsr. for additional information, please see faqs 976, 977, 978, 979, 981, 982 and 990. date updated: january 10, 2025 released on february 24, 2022 annex 1 to the russia related capta directive identifies public joint stock company sberbank of russia as well as many of its foreign financial institution subsidiaries. the foreign financial institutions listed in annex 1 have been determined to be subject to the prohibitions of the russia related capta directive for operating or having operated in the financial services sector of the russian federation economy, or for being foreign financial institutions that are 50 percent or more owned, directly or indirectly, individually or in the aggregate, by one or more foreign financial institutions subject to the prohibitions of the russia related capta directive. please see faq 969 regarding the applicability of ofac’s 50 percent rule to these entities. released on february 24, 2022 yes. the prohibitions of the russia related capta directive apply to any foreign financial institution listed in annex 1 to the russia related capta directive or otherwise determined to be subject to the prohibitions of the russia related capta directive, “or their property or interests in property,” which includes foreign financial institutions 50 percent or more owned, directly or indirectly, individually or in the aggregate, by one or more foreign financial institutions determined to be subject to the prohibitions of the russia related capta directive. as stated in the russia related capta directive, the prohibitions of this directive apply only with respect to a u.s. financial institution’s opening or maintaining of a correspondent account or payable through account for or on behalf of, or processing of a transaction involving, a “foreign financial institution,” as defined in the russia related capta directive. thus, for purposes of the russia related capta directive, the prohibitions of this directive do not apply to non “foreign financial institutions,” even if those non “foreign financial institutions” are 50 percent or more owned, directly or indirectly, individually or in the aggregate, by one or more “foreign financial institutions” determined to be subject to this directive. released on february 24, 2022 yes. the prohibitions of the russia related capta directive apply to a u.s. financial institution’s opening or maintaining of a correspondent account or payable through account for or on behalf of, or processing of a transaction involving, any ffi, wherever located outside of the united states, determined to be subject to the prohibitions of the russia related capta directive, or their property or interests in property which includes ffis 50 percent or more owned, directly or indirectly, individually or in the aggregate, by one or more ffis determined to be subject to the prohibitions of the russia related capta directive. this includes, for example, banking subsidiaries that are 50 percent or more owned by public joint stock company sberbank of russia and located outside of the united states. released on february 24, 2022 no. the prohibitions of the russia related capta directive apply with respect to any currency. for example, a foreign branch of a u.s. financial institution may not open or maintain a correspondent account for or on behalf of, or process a transaction involving, a foreign financial institution determined to be subject to the prohibitions of the russia related capta directive, even if that account is denominated in a currency other than u.s. dollars, such as euros. released on february 24, 2022 under the russia related capta directive, u.s. financial institutions are prohibited from the opening or maintaining of a correspondent account or payable through account for or on behalf of, or from processing of a transaction involving, a foreign financial institution determined to be subject to the prohibitions of the russia related capta directive. the term “u.s. financial institution,” as defined in the directive, includes foreign branches of u.s. financial institutions, but not their foreign subsidiaries. note, however, that the russia related capta directive prohibits any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions of this directive, as well as any conspiracy formed to violate any of the prohibitions of this directive. ofac will not view as “evading or avoiding” efforts by non u.s. persons to comply with u.s. sanctions by replacing sanctioned suppliers or service providers (including financial institutions) with non sanctioned persons. released on february 24, 2022 with respect to foreign financial institutions subject to the prohibitions of directive 2 under e.o. 14024, “prohibitions related to correspondent or payable through accounts and processing of transactions involving certain foreign financial institutions” (russia related capta directive), including public joint stock company sberbank of russia, obligations under this directive apply to u.s. financial institutions only. u.s. individuals and companies that are not “u.s. financial institutions,” as defined in the russia related capta directive, are not prohibited from processing transactions involving foreign financial institutions solely subject to the russia related capta directive. with respect to the russian financial institutions blocked on february 22 and 24, 2022 pursuant to e.o. 14024, general licenses (gls) 3 and 11 authorized u.s. persons to engage in transactions ordinarily incident and necessary to terminate their relationship with specified blocked russian financial institutions, including withdrawing funds and securities, cancelling letters of credit, and amending or cancelling performance guarantees. for additional information, please see faq 975. upon the respective expiration of gls 3 and 11, u.s. persons were prohibited from transacting with the blocked russian financial institutions, unless exempt or authorized by ofac. date updated: december 22, 2023 released on february 24, 2022 on february 22, 2022, the office of foreign assets control (ofac) designated specified russian financial institutions pursuant to e.o. 14024 , including the state corporation bank for development and foreign economic affairs vnesheconombank (veb), promsvyazbank public joint stock company, and many of their subsidiaries. ofac designated additional russian financial institutions on february 24, 2022, including vtb bank public joint stock company, public joint stock company bank financial corporation otkritie (otkritie), sovcombank open joint stock company (sovcombank), joint stock commercial bank novikombank, and many of these financial institutions’ subsidiaries. as a result, all property and interests in property of these entities in the possession or control of u.s. persons, including u.s. financial institutions, or within u.s. jurisdiction, are blocked and must be reported to ofac. in addition, all property and interests in property of any entity that is owned, directly or indirectly, individually or in the aggregate, 50 percent or more by one or more blocked persons are also blocked. accordingly, u.s. persons, including u.s. financial institutions, are prohibited from transacting with these entities unless exempt or authorized by ofac. ofac issued several russia related general licenses (gls) authorizing transactions involving specified blocked russian financial institutions, including: • gl 2 : authorizing certain transactions involving veb related to servicing obligations of certain russian sovereign debt; • gl 3: authorizing the wind down of certain transactions involving veb until 12:01 a.m. eastern daylight time, march 24, 2022; • gl 11: authorizing the wind down of certain transactions involving vtb bank public joint stock company, otkritie, and sovcombank until 12:01 a.m. eastern daylight time, march 26, 2022; and • gl 12: authorizing the rejection (rather than blocking) of certain transactions involving vtb bank public joint stock company, otkritie, and sovcombank until 12:01 a.m. eastern daylight time, march 26, 2022. note that these gls do not authorize certain activities with all blocked russian financial institutions; nor does each gl authorize certain activities with the same group of blocked russian financial institutions. for example, the gls listed above do not authorize any transactions involving promsvyazbank public joint stock company or joint stock commercial bank novikombank, and gls 2 and 3 relate only to veb. other gls that may be applicable to one or more of the russian financial institutions blocked in february 2022 include: • gl 5: authorizing transactions related to the official business of certain international organizations and other entities; • gl 6: authorizing certain transactions related to the exportation or reexportation of agricultural commodities, medicine, medical devices, replacement parts and components, or software updates, or the prevention, diagnosis, or treatment of covid 19; • gl 7: authorizing overflight payments, emergency landings, and air ambulance services; • gl 8a: authorizing transactions related to energy; • gl 9a: authorizing transactions related to dealings in certain debt and equity until 12:01 a.m. eastern daylight time, may 25, 2022; and • gl 10a: authorizing certain transactions related to derivative contracts until 12:01 a.m. eastern daylight time, may 25, 2022. please consult each gl for further information regarding its scope. on march 1, 2022, ofac issued the russian harmful foreign activities sanctions regulations, 31 cfr part 587 (ruhsr), which incorporate gl 5 in section 587.510 of the ruhsr. additionally, consistent with section 9 of e.o. 14024, transactions for the conduct of the official business of the federal government or the united nations (including its specialized agencies, programs, funds, and related organizations) by employees, grantees, and contractors thereof are exempt from the sanctions prohibitions of e.o. 14024. date updated: march 02, 2022 released on february 24, 2022 for certain russian financial institutions blocked in february 2022 pursuant to e.o. 14024, a short term wind down period is authorized. general license (gl) 3 authorizes a wind down period of 30 days for transactions involving state corporation bank for development and foreign economic affairs vnesheconombank (veb), and gl 11 authorizes a wind down period of 30 days for transactions involving vtb bank public joint stock company, public joint stock company bank financial corporation otkritie, or sovcombank open joint stock company. these authorizations also apply to any entity in which these financial institutions own, directly or indirectly, individually or in the aggregate, a 50 percent or greater interest. gls 3 and 11 authorize u.s. persons to engage in transactions ordinarily incident and necessary to exit operations, contracts, or other agreements that were in effect prior to the date of blocking involving the specified blocked russian financial institutions, provided that such transactions do not involve a debit to a blocked account on the books of a u.s. financial institution (see faq 990). for example, a u.s. financial institution may take steps necessary to collect on outstanding loans made to a blocked person, including exercising rights to any collateral related thereto, as authorized wind down activity, provided the transaction does not involve a debit to a blocked account on the books of a u.s. financial institution (unless separately authorized). a u.s. financial institution may also take steps necessary to pay outstanding loans, provided that, if such payment is for the benefit of a blocked person, it must be transferred into a blocked account. similarly, a u.s. financial institution may take steps necessary to close a correspondent account maintained for a blocked person; however, funds in the correspondent account may not be returned to the blocked person, and must remain blocked, absent separate authorization from ofac. gls 3 and 11 authorize only new or continued business activities that are ordinarily incident and necessary to wind down activities. wind down activities do not include the continued processing of funds transfers, securities trades, or other transactions involving a blocked person that were part of ongoing business activities prior to the imposition of sanctions, unless separately authorized (see, e.g., gls 8, 9, and 10). moreover, gls 3 and 11 do not apply to all russian financial institutions blocked in february 2022, such as promsvyazbank public joint stock company or joint stock commercial bank novikombank, or transactions involving other persons blocked pursuant to e.o. 14024, other than the blocked russian financial institutions specified in gls 3 and 11. in addition to gls 3 and 11, ofac issued gl 12 to authorize u.s. persons to reject, rather than block, prohibited transactions involving specified blocked russian financial institutions for 30 days. this authorizes, for example, a u.s. financial institution to reject, rather than block, an attempted unauthorized funds transfer until the expiration of gl 12. the authorization provided in gl 3 expires at 12:01 eastern daylight time, march 24, 2022. the authorizations provided in gls 11 and 12 expire at 12:01 a.m. eastern daylight time, march 26, 2022. for more information on the prohibitions that apply to russian financial institutions blocked pursuant to e.o. 14024 in february 2022, or related authorizations, please see faq 974. for guidance regarding transactions involving securities and derivatives contracts related to the blocked persons listed above, see faq 982. released on february 24, 2022 on january 10, 2025, ofac issued amended general license (gl) 8l to authorize the wind down of transactions related to energy involving certain russian financial institutions sanctioned pursuant to e.o. 14024 through 12:01 a.m. eastern daylight time, march 12, 2025. gl 8l authorizes certain transactions "related to energy" (as defined in the gl; see also faq 977) involving the following entities (collectively, "covered entities"): gl 8l does not authorize any transaction prohibited by directive 1a under e.o. 14024, "prohibitions related to certain sovereign debt of the russian federation" (russia related sovereign debt directive). in addition, gl 8l does not authorize any debit to an account on the books of a u.s. financial institution of the central bank of the russian federation. further, gl 8l does not authorize a u.s. financial institution to maintain (or open) a correspondent account or payable through account for or on behalf of foreign financial institutions subject to the prohibitions of directive 2 under e.o. 14024, "prohibitions related to correspondent or payable through accounts and processing of transactions involving certain foreign financial institutions" (the "russia related capta directive"). consequently, in order for a u.s. financial institution to engage in transactions authorized by gl 8l, all funds transfers related to energy involving one or more covered entities must be processed indirectly through a non sanctioned, non u.s. financial institution. please see faq 978 for examples of authorized and prohibited transactions flows under certain gls, including gl 8l. for purposes of assessing whether certain transactions are authorized under gl 8l, u.s. persons may rely upon the information available to them in the ordinary course of business, including reasonable reliance on information about the underlying transaction provided by the parties thereto. gl 8l is valid until 12:01 eastern daylight time, march 12, 2025. persons unable to wind down prohibited transactions with the covered entities by march 12, 2025 are encouraged to approach the office of foreign assets control. gl 8l provides authorization solely under e.o. 14024. therefore, u.s. financial institutions that rely on the authorization provided in gl 8l to process transactions related to energy must also comply with the prohibitions of e.o. 14066, e.o. 14068, and e.o. 14071 (see faqs 1013, 1014, and 1015). on november 21, 2024, ofac also issued amended gl 55c to authorize all transactions prohibited by e.o. 14024 involving gazprombank, or any entity in which gazprombank owns, directly or indirectly, a 50 percent or greater interest, that are related to the sakhalin 2 project (including such transactions involving sakhalin energy llc) until june 28, 2025. gl 55c does not authorize transactions prohibited by the russia related capta directive, directive 4 under e.o. 14024 "prohibitions related to transactions involving the central bank of the russian federation, the national wealth fund of the russian federation, and the ministry of finance of the russian federation" ("russia related sovereign transactions directive"), or transactions otherwise prohibited by the russia harmful foreign activities sanctions regulations, 31 cfr part 587 (ruhsr). on january 10, 2025, ofac also issued amended gl 115a to authorize transactions related to civil nuclear energy involving the covered entities as well as gazprombank joint stock company (see faq 1203). date updated: january 10, 2025 released on february 24, 2022 on january 10, 2025, ofac issued amended gl 8l to authorize the wind down of transactions related to energy involving certain russian financial institutions sanctioned pursuant to e.o. 14024 through 12:01 a.m. eastern daylight time, march 12, 2025. for the purposes of gl 8l, the term "related to energy" means the extraction, production, refinement, liquefaction, gasification, regasification, conversion, enrichment, fabrication, transport, or purchase of petroleum, including crude oil, lease condensates, unfinished oils, natural gas liquids, petroleum products, natural gas, or other products capable of producing energy, such as coal, wood, or agricultural products used to manufacture biofuels, or uranium in any form, as well as the development, production, generation, transmission, or exchange of power, through any means, including nuclear, thermal, and renewable energy sources. this definition remains unchanged from gl 8. updated: january 10, 2025 released on february 24, 2022 on january 10, 2025, ofac issued amended general license (gl) 8l to authorize the wind down of transactions related to energy involving certain russian financial institutions sanctioned pursuant to e.o. 14024 through 12:01 a.m. eastern daylight time, march 12, 2025. gls 6d, 7a, 8l, or 115a do not authorize a u.s. financial institution to maintain (or open) a correspondent account or payable through account for or on behalf of entities subject to the prohibitions of directive 2 under e.o. 14024, “prohibitions related to correspondent or payable through accounts and processing of transactions involving certain foreign financial institutions” (russia related capta directive). consequently, in order for a u.s. financial institution to engage in transactions authorized under these gls (e.g., a funds transfer related to energy), all such funds transfers must be processed indirectly through a non sanctioned, non u.s. financial institution. examples of authorized and prohibited funds transfers under gls 6d, 7a, 8l, and 115a include: authorized payment from third country originator to beneficiary with an account at a sanctioned institution: prohibited payment from third country originator to beneficiary with an account at a sanctioned institution: authorized payment from u.s. originator to beneficiary with an account at a sanctioned institution: prohibited payment from u.s. originator to beneficiary with an account at a sanctioned institution: in each of the above examples, the underlying funds transfer must be authorized under the applicable gl. updated: january 10, 2025 released on february 24, 2022 yes, u.s. persons supporting activities undertaken for the official business of certain international organizations or entities, certain humanitarian related trade, or the response to the covid 19 pandemic may continue to engage in such activity involving persons sanctioned pursuant to e.o. 14024 through a variety of ofac authorizations or exemptions, as described below. consistent with section 9 of e.o. 14024, transactions for the conduct of the official business of the federal government or the united nations (including its specialized agencies, programs, funds, and related organizations) by employees, grantees, and contractors thereof are exempt from the sanctions prohibitions of e.o. 14024. additionally, ofac has issued general license (gl) 5, authorizing transactions for the conduct of the official business of certain international organizations and entities. ofac also issued gl 6, which authorizes, subject to certain conditions, transactions that are ordinarily incident and necessary to: (1) the exportation or reexportation of agricultural commodities, medicine, medical devices, replacement parts and components for medical devices, or software updates for medical devices to, from, or transiting the russian federation; or (2) the prevention, diagnosis, or treatment of covid 19 (including research or clinical studies relating to covid 19). while certain russian financial institutions are subject to sanctions under e.o. 14024, the financial services sector of the russian federation economy is not comprehensively sanctioned (see faq 964). accordingly, u.s. persons may also use non sanctioned russian financial institutions to process these transactions. note that the authorizations and exemptions described above do not extend to prohibitions applied to persons sanctioned pursuant to any other sanctions authorities implemented by ofac, such as e.o. 13662. released on february 24, 2022 ofac evaluates a range of factors when developing sanctions targets, consistent with foreign policy and national security goals. in the context of blocking sanctions, non u.s. persons may be exposed to sanctions risk in relation to activities with persons subject to blocking sanctions pursuant to e.o. 14024. under e.o. 14024, non u.s. persons may be designated if they have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, certain activities, a person whose property and interests in property are blocked pursuant to e.o. 14024, or (in certain circumstances) a blocked government. please see sections 1(a)(vi) and 1(b) of e.o. 14024. non u.s. persons generally do not risk exposure to u.s. blocking sanctions under e.o. 14024 for engaging in transactions with persons subject to the prohibitions of the directives under e.o. 14024. moreover, non u.s. persons generally do not risk exposure to u.s. blocking sanctions under e.o. 14024 for engaging in transactions with blocked persons, where those transactions would not require a specific license if engaged in by a u.s. person. note, however, that e.o. 14024 and the directives under e.o. 14024 prohibit any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions of those directives, as well as any conspiracy formed to violate any of the prohibitions of those directives. ofac will not view as “evading or avoiding” efforts by non u.s. persons to comply with u.s. sanctions by replacing sanctioned suppliers or service providers (including financial institutions) with non sanctioned persons. released on february 24, 2022 general license (gl) 9a authorizes u.s. persons, until 12:01 a.m. eastern daylight time may 25, 2022, to engage in transactions prohibited by the russian harmful foreign activities sanctions regulations, 31 cfr part 587, that are ordinarily incident and necessary to dealings in debt or equity issued prior to february 24, 2022 of one or more of the following entities (“covered debt or equity”), provided that any divestment or transfer of, or facilitation of divestment or transfer of, covered debt or equity must be to a non u.s. person: this authorization includes the facilitation, clearing, and settling of transactions ordinarily incident and necessary to divest covered debt or equity to a non u.s. person, including on behalf of u.s. persons. also, as part of a divestment transaction to a non u.s. person, u.s. persons may engage in purchases of or investment in covered debt or equity if ordinarily incident and necessary to buy to cover a short position in such holdings. to allow the closing of trades initiated before february 24, 2022, paragraph (b) of gl 9a authorizes all transactions that are ordinarily incident and necessary to facilitating, clearing, and settling trades of covered debt or equity through 12:01 a.m. eastern daylight time may 25, 2022, provided such trades were placed prior to 4:00 p.m. eastern standard time on february 24, 2022, including debits to accounts on the books of u.s. financial institutions of certain blocked entities. gl 9a also authorizes u.s. persons to receive interest, dividend, or maturity payments on debt or equity of the central bank of the russian federation, the national wealth fund of the russian federation, and the ministry of finance of the russian federation through 12:01 a.m. eastern daylight time on may 25, 2022. after may 25, 2022, u.s. persons would require a specific license to continue to receive such payments. certain transactions otherwise prohibited by the russian harmful foreign activities sanctions regulations, 31 cfr part 587, are not authorized by gl 9a. please see gl 9a for additional details. please also see gl 10a with respect to authorizations related to certain derivative contracts. for purposes of assessing whether certain transactions are authorized under gl 9a or gl 10a, u.s. persons including financial institutions, registered broker dealers in securities, securities exchanges, and other market intermediaries and participants may rely upon the information available to them in the ordinary course of business, including reasonable reliance on information about the underlying transaction provided by the parties thereto. however, u.s. persons should also exercise caution in engaging in foreign exchange transactions on the moscow exchange given the current heightened risk that the central bank of the russia federation could be a counterparty to such transactions (see faq 1002). date updated: march 02, 2022 released on february 24, 2022 unless otherwise authorized, u.s. persons may not buy or sell debt or equity of the russian financial institutions blocked pursuant to executive order (e.o.) 14024. accordingly, a u.s. fund may not buy, sell, or otherwise engage in transactions related to debt or equity of such blocked russian financial institutions, and must block such holdings, unless exempt or otherwise authorized by the office of foreign assets control (ofac). a u.s. fund that contains such blocked holdings generally is not itself considered a blocked entity unless such blocked holdings represent a 50 percent or more share by value of the fund. if such blocked holdings do not represent a 50 percent or more share by value of the fund, u.s. persons may continue to invest in it, and the fund is not considered blocked. the fund may divest itself of blocked holdings to the extent authorized by ofac. date updated: january 17, 2023 released on february 24, 2022 in february 2022, ofac issued two directives under e.o. 14024 regarding restrictions related to new debt or equity involving certain russian federation or russia related entities: entities determined to be subject to the prohibitions of these directives will be listed on the non sdn menu based sanctions list (ns mbs list) (in addition to any other applicable sanctions lists maintained by ofac). please see faq 985 regarding the applicability of ofac’s 50 percent rule with respect to the russia related entities directive. listings on the ns mbs list will denote when an entity has been determined to be subject to prohibitions, as well as when the prohibitions come into effect with respect to each entity. released on february 24, 2022 the russia related entities directive prohibits certain dealings by u.s. persons or within the united states in new debt of longer than 14 days maturity or new equity of russian entities determined to be subject to the prohibitions of the directive or their property or interests in property. the prohibitions of the russia related entities directive are effective beginning on 12:01 a.m. eastern daylight time, march 26, 2022 for entities listed in annex 1 to the russia related entities directive, or their property or interests in property. for entities subsequently determined to be subject to the prohibitions of the russia related entities directive, the prohibitions are effective 12:01 a.m. eastern time 30 days following such determination. specifically, the russia related entities directive prohibits the following activities by u.s. persons or within the united states: all transactions in, provision of financing for, and other dealings in new debt with a maturity of greater than 14 days or new equity of entities listed in annex 1 to the russia related entities directive or otherwise determined to be subject to the prohibitions of the russia related entities directive, or their property or interests in property, where such debt or equity is issued on or after the relevant sanctions effective date. please see faq 985 regarding the applicability of ofac’s 50 percent rule with respect to this directive. entity type relevant sanctions effective date entities listed in annex 1 to the russia related entities directive, or their property or interests in property on or after 12:01 a.m. eastern daylight time on march 26, 2022 entities otherwise determined to be subject to the prohibitions of the russia related entities directive, or their property or interests in property on or after 12:01 a.m. eastern time on the date that is 30 days after the date of such determination these prohibitions apply to all new debt with a maturity of greater than 14 days and new equity irrespective of currency denomination. in addition, the russia related entities directive prohibits: (1) any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions of the russia related entities directive; and (2) any conspiracy formed to violate any of the prohibitions of the russia related entities directive. some entities determined to be subject to the prohibitions of the russia related entities directive may also be subject to prohibitions in other sanctions authorities, such as prohibitions of other directives issued under e.o. 14024, or directives issued under e.o. 13662. it is important to note that each directive operates independently of the others. for example, if a transaction involves a person subject to two separate directives, a u.s. person engaging in that transaction must comply with both directives. released on february 24, 2022 yes. the prohibitions of the russia related entities directive apply to any entity listed in annex 1 to the russia related entities directive or otherwise determined to be subject to the prohibitions of the russia related entities directive, or their property or interests in property, which includes entities 50 percent or more owned, directly or indirectly, individually or in the aggregate, by one or more entities determined to be subject to the prohibitions of the russia related entities directive. released on february 24, 2022 the term “debt” includes bonds, loans, extensions of credit, loan guarantees, letters of credit, drafts, bankers acceptances, discount notes or bills, or commercial paper. the term “equity” includes stocks, share issuances, depositary receipts, or any other evidence of title or ownership. released on february 24, 2022 if a u.s. person entered into a long term credit facility or loan agreement prior to the relevant sanctions effective date described in the russia related entities directive, drawdowns and disbursements with repayment terms of 14 days or less are permitted. in addition, drawdowns and disbursements whose repayment terms exceed 14 days are not prohibited if the terms of such drawdowns and disbursements (including the length of the repayment period, the interest rate applied to the drawdown, and the maximum drawdown amount) were contractually agreed to prior to the relevant sanctions effective date and are not modified on or after the relevant sanctions effective date. u.s. persons may not deal in a drawdown or disbursement initiated on or after the relevant sanctions effective date with a repayment term that is longer than 14 days if the terms of the drawdown or disbursement were negotiated on or after the relevant sanctions effective date. such a newly negotiated drawdown or disbursement would constitute a prohibited extension of credit. released on february 24, 2022 no. the russia related entities directive prohibits u.s. persons from engaging in only certain activities related to new debt of longer than 14 days maturity or new equity of the entities listed in annex 1 to the russia related entities directive, or of entities otherwise determined to be subject to the prohibitions of the russia related entities directive, as explained in faq 984. please see faq 985 regarding the applicability of ofac’s 50 percent rule with respect to this directive. some entities determined to be subject to the prohibitions of the russia related entities directive may also be subject to additional prohibitions under other sanctions authorities, such as additional directives under e.o. 14024 or e.o. 13662. it is important to note that each directive operates independently of the others. for example, if a transaction involves a person subject to two separate directives, a u.s. person engaging in that transaction must comply with both directives. released on february 24, 2022 no, so long as the terms of such debt (including the repayment period, the interest rate, and the amount) were contractually agreed to before the relevant sanctions effective date described in the russia related entities directive and are not modified on or after the relevant sanctions effective date (faq 984). as stated in faq 956, loans, contracts, or other agreements that use london interbank offered rate (libor) as a reference rate that are modified to replace such benchmark reference rate will not be treated as new debt for ofac sanctions purposes, so long as no other material terms of the loan, contract, or agreement are modified. some entities determined to be subject to the prohibitions of the russia related entities directive may also be subject to additional prohibitions under other sanctions authorities, such as additional directives under e.o. 14024 or e.o. 13662. it is important to note that each directive operates independently of the others. for example, if a transaction involves a person subject to two separate directives, a u.s. person engaging in that transaction must comply with both directives. released on february 24, 2022 an authorization for transactions that are ordinarily incident and necessary to a transaction licensed pursuant to e.o. 14024 does not implicitly authorize a debit to a blocked account on the books of a u.s. financial institution. debits to an account on the books of a u.s. financial institution of a blocked person are only authorized as transactions ordinarily incident and necessary to a licensed transaction if such license explicitly authorizes such debits. for example, general licenses (gls) 9 and 10 explicitly state that debits to accounts on the books of a u.s. financial institution of the blocked entities listed in the gls are authorized to the extent ordinarily incident and necessary to effect the specified transactions authorized therein. by contrast, gls 3 and 11 do not explicitly authorize debits to accounts on the books of a u.s. financial institution of the blocked entities. released on february 24, 2022 the russia related sovereign transactions directive prohibits u.s. persons from engaging in any transaction involving the central bank of the russian federation, the national wealth fund of the russian federation, or the ministry of finance of the russian federation (collectively, “directive 4 entities”), including any transfer of assets to such entities or any foreign exchange transaction for or on behalf of such entities. effective february 28, 2022, u.s. persons may not engage in any transactions involving these entities unless exempt or authorized by the office of foreign assets control (ofac). this includes both direct and indirect transactions involving any directive 4 entity. prohibited transactions include trade or financial transactions and other dealings in which u.s. persons may not engage unless exempt or expressly authorized by ofac. the russia related sovereign transactions directive also prohibits: (1) any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions of the russia related sovereign transactions directive; and (2) any conspiracy formed to violate any of the prohibitions of the russia related sovereign transactions directive. this action effectively immobilizes any assets of the directive 4 entities that are held in the united states or by u.s. persons, wherever located, unless exempt or authorized by ofac. effective february 28, 2022, u.s. financial institutions must reject transactions involving any directive 4 entity, unless exempt or authorized by ofac, and file a report within 10 business days in accordance with 31 cfr § 501.604. ofac issued general licenses that authorize certain limited transactions involving the directive 4 entities (see faq 999). on may 19, 2023, ofac amended directive 4 to require u.s. persons to submit a report to ofacreport@treasury.gov on or before june 18, 2023, and annually thereafter by june 30, regarding property in their possession or control in which any directive 4 entity has an interest of any nature whatsoever, direct or indirect. this reporting requirement is intended to identify assets of directive 4 entities held by u.s. persons as of may 31, 2023, and annually thereafter, and is separate from the above noted requirement under 31 cfr 501.604 to file reports on rejected transactions involving any directive 4 entity. entities determined to be subject to the russia related sovereign transactions directive are listed on ofac’s non sdn menu based sanctions (ns mbs) list. date updated: may 19, 2023 released on march 2, 2022 ofac issued russia related general licenses (gls) 8l and 115a to authorize the wind down of certain energy related transactions and civil nuclear energy related transactions, including those involving the central bank of the russian federation, that would be prohibited by the russia related sovereign transactions directive (see faqs 976 and 977). ofac issued gl 13l to authorize u.s. persons to pay taxes, fees, or import duties and purchase or receive permits, licenses, registrations, or certifications, to the extent such transactions are prohibited by the russia related sovereign transactions directive, provided such transactions are ordinarily incident and necessary to such persons' day to day operations in the russian federation. for further information on the types of transactions authorized by gl 13l, see faq 1118. ofac also issued gl 14, authorizing certain transactions involving any directive 4 entity where the directive 4 entity's sole function in the transaction is to act as an operator of a clearing and settlement system. gl 14 does not authorize any transfer of assets to or from any directive 4 entity, or any transaction where a directive 4 entity is either a counterparty or beneficiary to the transaction. in addition, gl 14 does not authorize any debit to an account on the books of a u.s. financial institution of any directive 4 entity. see faq 1003. note that gl 8l, gl 13l, gl 14, and gl 115a continue to authorize against the russia related sovereign transactions directive. date updated: january 10, 2025 released on march 2, 2022 the central bank of the russian federation, the national wealth fund of the russian federation, and the ministry of finance of the russian federation are subject to several restrictions under the following directives: the russia related sovereign transactions directive includes prohibitions more expansive than the russia related sovereign debt directive and the cbw act directive; however, it is important to note that each directive operates independently of the others and may have different effective dates. transactions involving these entities must comply with all three directives described above. date updated: may 19, 2023 released on march 2, 2022 no. date updated: may 19, 2023 released on march 2, 2022 no. the russia related sovereign transactions directive prohibits u.s. persons from engaging in any transaction involving the central bank of the russian federation, the national wealth fund of the russian federation, or the ministry of finance of the russian federation, including any transfer of assets to such entities or any foreign exchange transaction for or on behalf of such entities. effective february 28, 2022, u.s. persons may not engage in any transactions involving these entities unless exempt or authorized by the office of foreign assets control (ofac), including debiting funds from restricted accounts. this includes both direct and indirect transactions. the russia related sovereign transactions directive also prohibits: (1) any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions of the russia related sovereign transactions directive; and (2) any conspiracy formed to violate any of the prohibitions of the russia related sovereign transactions directive. in light of the current economic situation in russia, u.s. persons should be on alert for nonroutine foreign exchange transactions that may indirectly involve entities subject to the russia related sovereign transactions directive, including transactions that are inconsistent with activity over the 12 months prior to february 28, 2022. for example, the central bank of the russian federation may seek to use import or export companies to engage in foreign exchange transactions on its behalf and obfuscate its involvement. u.s. persons should also exercise caution in engaging in foreign exchange transactions on the moscow exchange given the current heightened risk that the central bank of the russia federation could be a counterparty to such transactions. date updated: may 19, 2023 released on march 2, 2022 yes. please see general license 14 and faq 999. released on march 2, 2022 no. although the prohibitions of the russia related sovereign transactions directive effectively immobilize any assets of the central bank of the russian federation, the national wealth fund of the russian federation, or the ministry of finance of the russian federation (collectively, the “directive 4 entities”) that are held in the united states or by u.s. persons, wherever located, the russia related sovereign transactions directive does not impose blocking sanctions on the directive 4 entities. rather, u.s. persons must reject transactions involving the directive 4 entities, unless exempt or authorized by ofac. date updated: may 19, 2023 released on march 2, 2022 no, the russia related sovereign transactions directive does not prohibit trading in the secondary markets for debt or equity of the central bank of the russian federation, the national wealth fund of the russian federation, or the ministry of finance of the russian federation (collectively, “directive 4 entities”), provided that no directive 4 entity is a counterparty to such a transaction. please note, however, that directive 1a under e.o. 14024, “prohibitions related to certain sovereign debt of the russian federation” (russia related sovereign debt directive), prohibits u.s. financial institutions from participation in the secondary market for ruble or non ruble denominated bonds issued after march 1, 2022 by the directive 4 entities. however, the “new investment” prohibitions of e.o.14066, e.o. 14068, and e.o. 14071 prohibit u.s. persons from purchasing debt and equity securities issued by an entity in the russian federation. please see faq 1054. date updated: may 19, 2023 released on march 2, 2022 the energy sector of the russian federation economy itself is not subject to comprehensive sanctions. however, prohibitions or restrictions may apply to certain energy related transactions under several sanctions authorities, including prohibitions issued pursuant to e.o. 13662, e.o. 14024, e.o. 14066, e.o. 14071, and e.o. 14068. pursuant to e.o. 14066, the import into the united states of crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products of russian federation origin is prohibited; and u.s. persons, wherever located, are prohibited from new investment in the energy sector in the russian federation, among other things. e.o. 14066 does not prohibit transactions such as the unwinding of contracts or other business related activities by u.s. persons to comply with the import ban imposed under e.o. 14066. likewise, e.o. 14066 does not prohibit u.s. persons from engaging in transactions to sell or re direct shipments that were laden on or after march 8, 2022 and previously destined for the united states. the office of foreign assets control (ofac) has also authorized until april 22, 2022 certain transactions prohibited by e.o. 14066 (see faqs 1013   1020). in addition, pursuant to e.o. 14024, ofac has imposed expansive sanctions on persons that operate or have operated in the financial services sector of the russian federation economy (see faq 966). to limit the degree to which these financial services sector sanctions may inhibit energy related transactions, ofac has issued russia related general license (gl) 8c authorizing u.s. persons to process energy related transactions involving the sanctioned russian financial institutions identified in gl 8c. gl 8c expires at 12:01 a.m. eastern standard time, december 5, 2022, unless renewed (see faqs 976, 977, 978, 1011, and 1012). energy related transactions authorized in gl 8c include payments connected with a variety of upstream and downstream activities, including the extraction, production, refinement, liquefaction, gasification, regasification, conversion, enrichment, fabrication, transport, or purchase of energy for import from the russian federation to countries other than the united states or for export to the russian federation, as well as financing, loading, or unloading related to such processes (see faq 977). however, transactions related to new investment in the energy sector in the russian federation are not authorized pursuant to gl 8c. updated: june 14, 2022 released on march 4, 2022 the office of foreign assets control (ofac) encourages persons to connect with their financial institution regarding the status of any payment. in addition, persons with questions about engaging in or processing transactions related to gl 115a can contact the ofac compliance hotline. updated: january 10, 2025 released on march 4, 2022 on january 10, 2025, the office of foreign assets control (ofac) amended gl 8l to authorize the wind down of energy related transactions through 12:01 a.m. eastern daylight time, march 12, 2025. ofac issued gl 115a to authorize transactions related to civil nuclear energy involving certain sanctioned russian financial institutions, including those listed in gl 8l. updated: january 10, 2025 released on march 4, 2022 e.o. of march 8, 2022 prohibits the following activities: released on march 8, 2022 no, only imports of crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products of russian federation origin into the united states are prohibited by e.o. of march 8, 2022, “prohibiting certain imports and new investments with respect to continued russian federation efforts to undermine the sovereignty and territorial integrity of ukraine.” imports of other forms of energy of russian federation origin are not prohibited by e.o. of march 8, 2022. in addition, e.o. of march 8, 2022 does not prohibit imports of non russian federation origin, even if such items transit through or depart from the russian federation. however, targeted prohibitions or restrictions may apply to certain energy related dealings with specified russian persons under other sanctions authorities, such as e.o. 13662 or e.o. 14024. released on march 8, 2022 through 12:01 eastern daylight time, april 22, 2022, russia related general license (gl) 16 authorizes all transactions prohibited by e.o. of march 8, 2022 that are ordinarily incident and necessary to the importation of crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products of russian federation origin pursuant to written contracts or written agreements entered prior to march 8, 2022. gl 16 does not authorize entry into new contracts. additionally, e.o. of march 8, 2022 does not prohibit transactions such as the unwinding of contracts or other business related activities by u.s. persons to comply with the import ban imposed under e.o. of march 8, 2022. likewise, e.o. of march 8, 2022 does not prohibit u.s. persons from engaging in transactions to sell or re direct shipments that were laden on or after march 8, 2022 and previously destined for the united states. note that all other prohibitions specified in e.o. of march 8, 2022 are effective immediately. released on march 8, 2022 yes. e.o. of march 8, 2022 prohibits the importation into the united states of crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products of russian federation origin. it does not prohibit u.s. persons from engaging in transactions to sell or re direct shipments that were previously destined for the united states. in addition, the office of foreign of assets control (ofac) has issued general license (gl) 16 to authorize the limited import of these items pursuant to pre existing written contracts or written agreements through april 22, 2022 (see faq 1015). such shipments into the united states can still be imported in compliance with e.o. of march 8, 2022. ofac may issue specific licenses on a case by case basis to authorize shipments occurring after april 22, 2022 or other activity outside the scope of gl 16. released on march 8, 2022 yes. gl 8l, which authorizes the wind down of energy related transactions involving specified russian financial institutions, remains in effect until 12:01 a.m. eastern daylight time, march 12, 2025, unless renewed. however, gl 8l does not authorize any transactions prohibited by e.o. 14066 (see faqs 976 978 and 1010 1012). updated: january 10, 2025 released on march 8, 2022 e.o. of march 8, 2022 prohibits the importation into the united states of crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products of russian federation origin. to the extent the import of such products of russian federation origin outside of the united states does not involve a sanctioned person or an otherwise prohibited transaction, non u.s. persons are not exposed to sanctions under e.o. of march 8, 2022. however, targeted prohibitions or restrictions may apply to certain energy related dealings with specified russian persons under other sanctions authorities, such as e.o. 13662 or e.o. 14024. released on march 8, 2022 for the purposes of e.o. 14066, “prohibiting certain imports and new investments with respect to continued russian federation efforts to undermine the sovereignty and territorial integrity of ukraine", e.o. 14068, as amended by e.o. 14114, “taking additional steps with respect to the russian federation’s harmful activities,” and the determination “prohibitions on certain services for the acquisition of aluminum, copper, or nickel of russian federation origin” pursuant to e.o. 14071, the office of foreign assets control (ofac) anticipates publishing regulations defining the term “russian federation origin” to include goods produced, manufactured, extracted, or processed in the russian federation, excluding any russian federation origin good that has been incorporated or substantially transformed into a foreign made product. for information on prohibitions related to new investment pursuant to russia related e.o. 14066, e.o. 14068, and e.o. 14071, please see faqs 1049 1055. for information on the amendment to e.o. 14068, see faq 1154. updated: april 12, 2024 released on march 8, 2022 no. the importation prohibition of e.o. 14066 applies to the import of certain products of russian federation origin to the united states and excludes imports that are not of russian federation origin, even if such items transit through or depart from the russian federation. the cpc transports crude oil through the cpc pipeline that is predominantly of kazakh origin and that is marketed and loaded with a certificate of origin verifying that the crude is of kazakh origin. any crude oil that is primarily of russian federation origin is marketed and loaded separately and certified as russian origin. for purposes of assessing whether crude oil marketed by the cpc is of russian origin, u.s. persons may reasonably rely upon a certificate of origin, but should exercise caution if they have a reason to believe such certificate has been falsified. date updated: 03/18/2022 released on march 8, 2022 yes. the office of foreign assets control (ofac) has imposed expansive sanctions actions against certain russian entities and individuals pursuant to e.o. 14024, in addition to other authorities. all u.s. persons are required to comply with ofac regulations, regardless of whether a transaction is denominated in traditional fiat currency or virtual currency (see faq 560). sanctioned russian persons are known to employ a wide variety of measures in their efforts to evade u.s. and international sanctions. as such, u.s. persons, wherever located, including firms that process virtual currency transactions, must be vigilant against attempts to circumvent ofac regulations and must take risk based steps to ensure they do not engage in prohibited transactions. for additional information regarding sanctions compliance best practices for the virtual currency industry, please see ofac’s sanctions compliance guidance for the virtual currency industry. u.s. persons, including virtual currency exchanges, virtual wallet hosts, and other service providers, such as those that provide nested services for foreign exchanges, are generally prohibited from engaging in or facilitating prohibited transactions, including virtual currency transactions in which blocked persons have an interest. u.s. persons are further prohibited from engaging in or facilitating any transaction by a non u.s. person that would be prohibited if performed by a u.s. person or within the united states, including virtual currency transactions involving the central bank of the russian federation, national wealth fund of the russian federation, or the ministry of finance of the russian federation. among other activities, u.s. financial institutions are also generally prohibited from processing transactions, including virtual currency transactions, involving foreign financial institutions that are determined to be subject to the prohibitions of directive 2 under executive order 14024, “prohibitions related to correspondent or payable through accounts and processing of transactions involving certain foreign financial institutions” (russia related capta directive). for additional information regarding the russia related capta directive, please see faq 967. non u.s. persons are also subject to certain ofac prohibitions. such persons, for example, are prohibited from causing or conspiring to cause u.s. persons to violate u.s. sanctions, as well as engaging in conduct that evades or avoids a violation of ofac sanctions. violations of ofac regulations may result in criminal or civil penalties. e.o. 14024 further authorizes sanctions against persons determined to be responsible for or complicit in, or to have directly or indirectly engaged or attempted to engage in, deceptive or structured transactions or dealings to circumvent u.s. sanctions, including through the use of digital currencies or assets, or the use of physical assets. e.o. 14024 also authorizes sanctions against persons determined to operate or to have operated in the financial services or technology sectors of the russian federation economy, as well as persons that have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, blocked persons. ofac is closely monitoring any efforts to circumvent or violate russia related sanctions, including through the use of virtual currency, and is committed to using its broad enforcement authorities to act against violations and to promote compliance. for additional information regarding the application of sanctions to virtual currency, please see faqs 559, 560, 561, 562, 563, 594, 646, 647, and 971, as well as ofac’s sanctions compliance guidance for the virtual currency industry. for additional treasury guidance on russia and sanctions evasion, please see fincen’s alert on increased vigilance for potential russian sanctions evasion attempts. released on march 11, 2022 e.o. 14068 prohibits the following activities: on december 22, 2023, e.o. 14068 was amended to provide for additional prohibitions on the importation and entry into the united states of certain categories of products. see faq 1154 for additional information on how e.o. 14114 amends e.o. 14068. date updated: february 23, 2024 released on march 11, 2022 yes. e.o. 14068 prohibits the importation into the united states of fish, seafood, and preparations thereof; alcoholic beverages; and non industrial diamonds of russian federation origin. it does not prohibit u.s. persons from engaging in transactions to sell or re direct shipments outside the united states that were previously destined for the united states. in addition, the office of foreign of assets control (ofac) has issued russia related general license (gl) 17a to authorize the import, for a limited time, of certain items pursuant to pre existing written contracts or written agreements (see faq 1023). gl 17a provides such authorization for importing alcoholic beverages or non industrial diamonds of russian federation origin until march 25, 2022 and authorization for importing fish, seafood, and preparations thereof of russian federation origin until june 23, 2022. ofac may issue specific licenses on a case by case basis to authorize shipments occurring after the expiry of gl 17a or for other activity outside the scope of this gl. (updated march 24, 2022) released on march 11, 2022 russia related gl 6c (“transactions related to agricultural commodities, medicine, medical devices, replacement parts and components, or software updates, the coronavirus disease 2019 (covid 19) pandemic, or clinical trials”) remains valid and authorizes, among other things, certain transactions prohibited by the russian harmful foreign activities sanctions regulations, 31 cfr part 587, ordinarily incident and necessary to (1) the production, manufacturing, sale, transport, or provision of agricultural commodities, including products such as fish, seafood, or preparations thereof   to the extent they fall within the definition of agricultural commodities provided in gl 6c   to, from, or transiting the russian federation (see faq 979). however, gl 6c does not authorize any transactions prohibited by e.o. 14068, including transactions prohibited by the determination of december 22, 2023 (seafood determination). in particular, e.o. 14068 prohibits the importation into the united states of, among other things, russian federation origin fish, seafood, and preparations thereof. the seafood determination further prohibits the importation of salmon, cod, pollock, or crab produced wholly or in part in the russian federation, or harvested in waters under the jurisdiction of the russian federation or by russia flagged vessels, notwithstanding whether such salmon, cod, pollock, or crab has been incorporated or substantially transformed into another product outside of the russian federation. as such, u.s. persons cannot rely on gl 6c for transactions that are for the importation into the united states of russian federation origin fish, seafood, or preparations thereof, or salmon, cod, pollock, or crab covered by the seafood determination, unless otherwise authorized by ofac. however, u.s. persons may continue to rely on gl 6c for transactions otherwise prohibited by e.o. 14024 involving agricultural commodities. date updated: february 23, 2024 released on march 11, 2023 e.o. of march 11, 2022 prohibits the importation into the united states of fish, seafood, and preparations thereof; alcoholic beverages; and non industrial diamonds of russian federation origin. to the extent the import of such products of russian federation origin to jurisdictions outside of the united states does not involve a sanctioned person or an otherwise prohibited transaction, non u.s. persons are not exposed to sanctions under e.o. of march 11, 2022. released on march 11, 2022 for the purposes of e.o. 14068, as amended by e.o. 14114, the office of foreign assets control anticipates publishing regulations defining these terms to include the following: with respect to the export prohibitions set forth in section 1(a)(ii) of e.o. 14068, please consult the u.s. department of commerce, bureau of industry and security, for guidance. date updated: february 23, 2024 released on march 11, 2022 e.o. of march 11, 2022 prohibits the exportation, reexportation, sale, or supply, directly or indirectly, from the united states, or by a united states person, wherever located, of u.s. dollar denominated banknotes to the government of the russian federation or any person located in the russian federation. however, russia related general license (gl) 18 authorizes certain transactions that are ordinarily incident and necessary to the transfer of u.s. dollar denominated banknotes for noncommercial, personal remittances from: (i) the united states or a u.s. person, wherever located, to an individual located in the russian federation; or (ii) a u.s. person who is an individual located in the russian federation. gl 18 authorizes methods of payment including withdrawals of u.s. dollar denominated banknotes via automated teller machines and the hand carrying of u.s. dollar denominated banknotes. note that gl 18 does not authorize u.s. financial institutions to process transactions for the provision of u.s. dollar denominated banknotes to foreign financial institutions for further distribution or supply to the government of the russian federation or any person located in the russian federation. released on march 11, 2022 gold related transactions involving the russian federation may be sanctionable under e.o. 14024 or other russia related sanctions authorities. for example, e.o. 14024 authorizes sanctions against: in addition, gold related transactions involving russia or the russian federation may be prohibited under e.o. 14024 or other russia related sanctions authorities. for example: sanctioned russian persons are known to employ a wide variety of measures in their efforts to evade u.s. and international sanctions. as such, u.s. persons, wherever located, including persons that process or facilitate gold related transactions, must be vigilant against attempts to circumvent ofac regulations and must take risk based steps to ensure they do not engage in prohibited transactions. violations of ofac regulations may result in criminal or civil penalties. ofac is closely monitoring any efforts to circumvent or violate russia related sanctions, including through the use of gold or other precious metals, and is committed to using its authorities to act against sanctions evaders, and promote compliance. date updated: june 28, 2022 released on march 24, 2022 pursuant to the ruhsr and bsr, u.s. persons, including u.s. operators of credit card systems and u.s. acquirers, are prohibited from processing transactions involving certain sanctioned foreign financial institutions, unless exempt or authorized by ofac. non u.s. operators of credit card systems whose payment cards are issued by sanctioned foreign financial institutions may also be in violation of ofac administered sanctions regulations if they allow those cards to be used in the united states. ofac encourages u.s. persons, including u.s. operators of credit card systems and u.s. acquirers, to exercise caution and due diligence in dealing with non u.s. operators of credit card systems that are known to host payment cards issued by sanctioned foreign financial institutions and whose payment cards are accepted in the united states. examples of due diligence measures may include requesting bank identification numbers (bins) associated with sanctioned foreign financial institutions, disabling those bins from operation in the united states, and requesting that non u.s. operators of credit card systems prevent the use of payment cards issued by sanctioned foreign financial institutions in the united states at the network level. released on april 20, 2022 on may 8, 2022, the director of ofac, in consultation with the department of state, issued a determination pursuant to executive order (e.o.) 14071, "prohibitions related to certain accounting, trust and corporate formation, and management consulting services," prohibiting the exportation, reexportation, sale, or supply, directly or indirectly, from the united states, or by a united states person, wherever located, of certain accounting, trust and corporate formation, and management consulting services to any person located in the russian federation. this determination takes effect june 07, 2022. for more information, please see faq 1034. on may 08, 2022, the director of ofac, in consultation with the department of state, also issued a sectoral determination pursuant to e.o. 14024 that authorizes the imposition of economic sanctions on individuals and entities that operate or have operated in the accounting, trust and corporate formation services, or management consulting sectors of the russian federation economy. this determination takes effect on may 08, 2022. for further information, please see faq 1034. on june 12, 2024, the department of the treasury issued a determination that restricts the provision of certain it and software related services to russia, including prohibiting the exportation, reexportation, sale, or supply, directly or indirectly, from the united states, or by a united states person, wherever located, to any person located in the russian federation of it support services and cloud based services for the following categories of software: enterprise management software and design and manufacturing software (collectively, "covered software"). these prohibitions took effect on september 12, 2024. see faqs 1184   1188 for additional information. date updated: september 12, 2024 released on may 8, 2022 for the purposes of the determination of may 8, 2022 made pursuant to e.o. 14071, ofac anticipates publishing regulations defining these terms to include the following: this determination excludes from the scope of the aforementioned services: (1) any service to an entity located in the russian federation that is owned or controlled, directly or indirectly, by a united states person; and (2) any service in connection with the wind down or divestiture of an entity located in the russian federation that is not owned or controlled, directly or indirectly, by a russian person. for the purposes of the prohibitions set forth in in the determination of may 8, 2022 made pursuant to e.o. 14071, ofac anticipates publishing regulations defining the term “person located in the russian federation” as set forth in faq 1058. for the purposes of the exclusion set forth in the determination of may 8, 2022 made pursuant to e.o. 14071, ofac anticipates publishing regulations defining the term “russian person” to mean an individual who is a citizen or national of the russian federation, or an entity organized under the laws of the russian federation. date updated: september 15, 2022 released on may 8, 2022 the term “credit rating services” means services related to assessments of a borrower’s ability to meet financial commitments, including analysis of general creditworthiness or with respect to a specific debt or financial obligation. the term “auditing services” means examination or inspection of business records by an auditor, including checking and verifying accounts, statements, or other representation of the financial position or regulatory compliance of the auditee. general license 35 authorizes certain transactions ordinarily incident and necessary to the exportation, reexportation, sale, or supply, directly or indirectly, from the united states, or by a united states person, wherever located, of credit rating or auditing services to any person located in the russian federation through 12:01 a.m. eastern daylight time, august 20, 2022. updated: may 11, 2022 released on may 8, 2022 the prohibitions imposed by the determination of may 8, 2022 made pursuant to e.o. 14071take effect at 12:01 a.m. eastern daylight time june 7, 2022. in addition, ofac has issued general license 34 to authorize all transactions ordinarily incident and necessary to the wind down of the exportation, reexportation, sale, or supply, directly or indirectly, from the united states, or by a united states person, wherever located, of accounting, trust and corporate formation, and management consulting services to any person located in the russian federation, through 12:01 a.m. eastern daylight time, july 7, 2022. released on may 8, 2022 for the purposes of the determination of may 8, 2022 made pursuant to e.o. 14024, ofac interprets the following terms to include activities related to products and services in or involving the russian federation in the following: the determination regarding these sectors pursuant to e.o. 14024 takes effect immediately. updated: may 11, 2022 released on may 8, 2022 yes. on may 8, 2022, ofac designated agropromyshlennyi kompleks voronezhskii ooo, anninskii elevator ooo, and azovskaya zernovaya kompaniya ooo pursuant to executive order (e.o.) 14024 for being owned or controlled by, or for having acted or purported to act for or on behalf of, directly or indirectly, joint stock company moscow industrial bank (mib), which was also designated on may 8, 2022 pursuant to e.o. 14024 for operating or having operated in the financial services sector of the russian federation economy. russia related general license (gl) 6b authorizes, among other activities, certain transactions prohibited by the russian harmful foreign activities sanctions regulations, 31 cfr part 587 (ruhsr), that are related to the sale, or transport of agricultural commodities, which includes transactions ordinarily incident and necessary to the exportation or reexportation of agricultural commodities to, from, or transiting the russian federation. for additional information, please see the text of gl 6b. for further information on relevant authorizations, exemptions, and public guidance, please review ofac’s fact sheets, “preserving agricultural trade, access to communication, and other support to those impacted by russia’s war against ukraine ” and “russia sanctions and agricultural trade”. date updated: july 14, 2022 released on may 8, 2022 gl 25g authorizes certain transactions ordinarily incident and necessary to the receipt or transmission of telecommunications involving the russian federation that are prohibited by the russian harmful foreign activities sanctions regulations, 31 cfr part 587 (ruhsr). in addition, gl 25g authorizes certain transactions from the united states or by u.s. persons, wherever located, to the russian federation that are incident to the exchange of communications over the internet and that are prohibited by the ruhsr. with respect to software, hardware, and technology, gl 25g authorizes the exportation or reexportation, sale, or supply from the united states or by u.s. persons, wherever located, to the russian federation of software, hardware, or technology incident to the exchange of communications over the internet that is authorized for export to russia by the department of commerce if it is subject to the export administration regulations, 15 cfr parts 730 774 (ear), or that would be eligible for a license exception or otherwise authorized for export to russia by the department of commerce if it were subject to the ear. however, gl 25g explicitly excludes from the authorization any transactions that are prohibited by the ruhsr involving joint stock company channel one russia, television station russia 1, joint stock company ntv broadcasting company, limited liability company algoritm, new eastern outlook, oriental review, garantex europe ou, autonomous non profit organization dialog, autonomous non profit organization dialog regions, federal state unitary enterprise international information agency rossiya segodnya, autonomous non profit organization tv novosti, xh smart tech china co ltd, or cjsc perspective technologies agency, which are designated pursuant to executive order 14024. for further information on relevant authorizations, exemptions, and public guidance, please review ofac's fact sheet, "preserving agricultural trade, access to communication, and other support to those impacted by russia’s war against ukraine." date updated: october 30, 2024 released on may 8, 2022 for the purposes of the respective e.o.s, the office of foreign assets control (ofac) views “investment” as the commitment of capital or other assets for the purpose of generating returns or appreciation. ofac interprets “new” investment as such a commitment made on or after the effective date of the respective e.o. prohibitions. as a general matter, new investment includes such commitments that are pursuant to an agreement entered on or after the effective dates of the respective e.o. prohibitions. new investment also includes such commitments pursuant to the exercise of rights under an agreement entered into before the effective dates of the respective e.o. prohibitions, where such commitment is made on or after the effective dates of the respective e.o. prohibitions. we note, however, that new investment does not include the maintenance of an investment made prior to the applicable effective dates of the respective e.o. prohibitions (see faq 1050). unless exempt or otherwise authorized by ofac, transactions that ofac considers to be “new investment” for the purposes of the respective e.o. prohibitions include: examples of transactions that ofac does not consider to be “new investment” for the purposes of the respective e.o. prohibitions include: even if a transaction is not a prohibited form of “new investment” pursuant to the respective e.o.s, u.s. persons engaging in the transaction must comply with all other relevant sanctions prohibitions, including those pursuant to ukraine /russia related sanctions regulations and russian harmful foreign activities sanctions regulations (see, e.g., faq 415). for example, the respective e.o.s include provisions prohibiting any approval, financing, facilitation, or guarantee by a united states person, wherever located, of a transaction by a foreign person where the transaction by that foreign person would be prohibited if performed by a united states person or within the united states. for more information, see faq 1053. released on june 6, 2022 for the purposes of the respective e.o. prohibitions, “new investment” generally excludes the maintenance of investments in the russian federation that were made prior to the effective dates of the respective e.o. prohibitions (“pre existing projects or operations”). “maintenance” of investments includes: as a general matter, “maintenance” includes all transactions ordinarily incident to performing under an agreement in effect prior to the effective date of the respective e.o. prohibitions (“pre existing agreement”), provided that such transactions are consistent with previously established practices and support pre existing projects or operations. however, “maintenance” does not include the expansion of pre existing projects or operations beyond those in effect prior to the effective dates of the respective e.o. prohibitions, even if pursuant to a pre existing agreement, where such expansion occurs on or after the effective dates of the respective e.o. prohibitions. nor does “maintenance” include commitments pursuant to the exercise of rights under a pre existing agreement where such commitment is made on or after the effective dates of the respective e.o. prohibitions. in connection with maintenance activity, u.s. persons also may modify or alter pre existing agreements, or enter into new contracts or agreements, provided that any transaction under such contracts or agreements are consistent with previously established practices and support pre existing projects or operations. for example, a pre existing agreement may be modified, or new contract established, to substitute suppliers, conduct maintenance or repairs, or comply with new environmental or safety standards. in assessing whether activity is consistent with past practice, the office of foreign assets control (ofac) will consider all relevant facts and circumstances, including the transaction history between contract parties prior to the effective date of the respective e.o.s. note that maintenance activities must not involve blocked persons or other prohibited transactions unless exempt or otherwise authorized by ofac. released on june 6, 2022 the prohibitions on “new investment” pursuant to the respective e.o.s do not prohibit the export or import of goods, services, or technology, or related sales or purchases, to or from the russian federation, provided that such transaction is made pursuant to ordinary commercial sales terms (e.g., a payment of an invoice for goods made within the contracted time period, where such payment does not involve ongoing participation in royalties or ongoing profits) (see faq 1049). such transactions can be supported through traditional trade finance products, including commercial letters of credit and documentary collections. u.s. persons are not prohibited pursuant to the respective e.o.s from entering into new contracts or agreements for such transactions. however, please note that u.s. persons are prohibited or restricted from exporting, reexporting, or importing certain goods and services involving the russian federation, as described by law (see, for example, section 1(a)(i) of e.o. 14068; see also faq 415). released on june 6, 2022 yes, provided that the use of the funds by the subsidiary or affiliate is consistent with maintenance, as described in faq 1050. “maintenance” does not include the expansion of pre existing projects or operations beyond those in effect prior to the effective dates of the respective e.o. prohibitions. therefore, u.s. persons may not fund new or expanded projects or operations undertaken by their subsidiaries and affiliates located in the russian federation after the effective dates of the respective e.o. prohibitions. released on june 6, 2022 yes. transactions related to the divestment or the facilitation of divestment of a pre existing investment in a project or operation in the russian federation are not prohibited by the new investment prohibitions of the respective e.o.s. such transactions may not involve a blocked person or otherwise prohibited transactions unless exempt or authorized by the office of foreign assets control (ofac). the respective e.o.s prohibit any approval, financing, facilitation, or guarantee by a united states person, wherever located, of a transaction by a foreign person where the transaction by that foreign person would be prohibited if performed by a united states person or within the united states. such provisions do not prohibit u.s. persons from facilitating the wind down or divestment of an existing investment in a project or operation in the russian federation. for example, a u.s. financial institution is not prohibited from advising a client that seeks to divest from a project or operation in the russian federation (i.e., the seller in a transaction). however, a u.s. person is prohibited from providing any approval, financing, facilitation, or guarantee to a non u.s. person that seeks to invest in a project or operation in the russian federation (i.e., the buyer in such a transaction). such provisions also do not prohibit u.s. persons from advising on the requirements of u.s. sanctions laws consistent with ofac’s guidance on the provision of certain services relating to the requirements of u.s. sanctions laws. for guidance related to divestment transactions in the secondary market involving debt or equity securities issued by an entity in the russian federation, please see faq 1054. updated: july 22, 2022 released on june 6, 2022 yes, the respective e.o.s prohibit u.s. persons from purchasing both new and existing debt and equity securities issued by an entity in the russian federation. however, the new investment prohibitions of the respective e.o.s do not prohibit u.s. persons from selling or divesting debt or equity securities issued by an entity in the russian federation to a non u.s. person (see faq 1049), including purchases of such debt or equity securities if ordinarily incident and necessary to the divestment or transfer of the debt or equity securities to a non u.s. person. u.s. financial institutions may clear and settle, or otherwise serve as market intermediaries in, divestment transactions on the secondary market including transactions between non u.s. persons. please note that u.s. persons are not required to divest such securities and may continue to hold such previously acquired securities. moreover, the conversion of depositary receipts to underlying local shares of non sanctioned russian issuers would not be considered a prohibited “new investment” in the russian federation under the respective e.o.s. additionally, the purchase of shares in a u.s. fund would not be considered a prohibited “new investment” under the respective e.o.s, unless the fund’s holdings of debt or equity securities issued by entities in the russian federation represent a 50 percent or more share by value of the fund. generally, the fund may also divest itself of these prohibited holdings. date updated: january 17, 2023 released on june 6, 2022 no, provided that (i) such funds are not specifically intended for new projects or operations in the russian federation and (ii) the entity located outside the russian federation derives less than 50 percent of its revenues from its investments in the russian federation. for the purposes of assessing the foregoing, u.s. persons, including u.s. financial institutions, may reasonably rely upon the information available to them in the ordinary course of business, including publicly available information such as an entity’s most recent quarterly or annual report. for the purposes of determining the percentage of revenues derived from investments in the russian federation, revenues derived from the commercial sale of goods or services by an entity located outside of the russian federation to persons in the russian federation should not be included. this approach is consistent with the guidance provided by the office of foreign assets control (ofac) in faq 1049, which clarifies that ofac does not consider the commercial sale of goods or services to persons in the russian federation by an entity located outside the russian federation to be new investment in the russian federation for purposes of the respective e.o. prohibitions. unless exempt or otherwise authorized by ofac, examples of transactions that ofac considers to be “new investment” for the purposes of the respective e.o. prohibitions include: ofac notes, however, the new investment prohibitions of the respective e.o.s do not prohibit u.s. persons from selling or divesting debt or equity securities issued by such entities to a non u.s. person. moreover, u.s. financial institutions may clear and settle, or otherwise serve as market intermediaries in, such divestment transactions on the secondary market   including transactions between non u.s. persons. for the purposes of assessing whether certain purchases of debt or equity of an entity are permissible, u.s. financial institutions, including securities exchanges and other market intermediaries and participants, may reasonably rely upon the information available to them in the ordinary course of business. examples of transactions that ofac does not consider to be “new investment” for the purposes of the respective e.o. prohibitions include: date updated: january 17, 2023 released on june 6, 2022 for the purposes of section 1(a)(ii) of e.o. 14071, ofac interprets “person located in the russian federation” to include persons in the russian federation, individuals ordinarily resident in the russian federation, and entities incorporated or organized under the laws of the russian federation or any jurisdiction within the russian federation. please note that section 1(a)(ii) of e.o. 14071 prohibits the direct or indirect exportation, reexportation, sale, or supply from the united states, or by a united states person, wherever located, of such services determined pursuant to e.o. 14071. for the purposes of e.o. 14071, ofac interprets the “indirect” provision of such services to include when the benefit of the services is ultimately received by a “person located in the russian federation.” please see faq 1059 for more information. released on june 9, 2022 no, provided that the provision of services is not an indirect export to a person located in the russian federation. for the purposes of these determinations, ofac interprets the “indirect” provision of the prohibited services to include when the benefit of the services is ultimately received by a “person located in the russian federation.” in contrast, ofac would not consider to be prohibited the provision of services to a non russian company that has a physical presence and operations outside of the russian federation, including such a company owned or controlled by persons located in the russian federation, provided that the services will not be further exported or reexported to persons located in the russian federation. for example, the following scenarios describe services that would be prohibited under the determination: the following scenarios illustrate services to a non russian subsidiary of a russian person that would not be prohibited under the determination: date updated: may 19, 2023 released on june 9, 2022 under the determination, u.s. persons are prohibited from exporting, reexporting, selling, or supplying, directly or indirectly, trust and corporate formation services to persons located in the russian federation. this prohibition on trust and corporate formation services does not, in and of itself, prohibit u.s. persons from serving on the board of directors of a company located in the russian federation. however, this determination would prohibit u.s. persons from providing nominee officer or director services in which a u.s. person is contracted to serve as a nominee officer, director, shareholder, or signatory of a legal person on behalf of a person located in the russian federation. released on june 9, 2022 not necessarily. under the determinations, u.s. persons are prohibited from exporting, reexporting, selling, or supplying, directly or indirectly: management consulting; trust and corporate formation services; accounting services; quantum computing services; architecture services; and engineering services to persons located in the russian federation. thus, u.s. persons are prohibited from providing these services to companies located in the russian federation (“russian companies”) in their capacity as employees. however, the determinations do not prohibit u.s. persons from providing other services not covered by these determinations as part of their employment by russian companies. in addition, please note that the determinations exclude from the scope of the aforementioned services: (1) any service to an entity located in the russian federation that is owned or controlled, directly or indirectly, by a united states person; and (2) any service in connection with the wind down or divestiture of an entity located in the russian federation that is not owned or controlled, directly or indirectly, by a russian person. date updated: may 19, 2023 released on september 15, 2022 yes. the prohibitions apply to services provided to a company located in the russian federation (the “russian company”) by any u.s. person, including the russian company’s u.s. subsidiary. date updated: may 19, 2023 released on june 9, 2022 the prohibitions imposed by the determination do not distinguish between new and existing trusts and companies. under the determination, u.s. persons are prohibited from providing trust and corporate formation services to persons located in the russian federation, regardless of whether the services are performed as part of the formation of a new trust or company, or as part of the administration or maintenance of an existing trust or company. please see faq 1034 for more information. in addition, please note that the determination excludes from the scope of the aforementioned services: (1) any service to an entity located in the russian federation that is owned or controlled, directly or indirectly, by a united states person; and (2) any service in connection with the wind down or divestiture of an entity located in the russian federation that is not owned or controlled, directly or indirectly, by a russian person. released on june 9, 2022 yes. for the purposes of this determination, ofac interprets management consulting services to include services related to strategic business advice; organizational and systems planning, evaluation, and selection; development or evaluation of marketing programs or implementation; mergers, acquisitions, and organizational structure; staff augmentation and human resources policies and practices; and brand management. please see faq 1034 for more information. released on june 9, 2022 yes, unless otherwise exempt or authorized by ofac. released on june 9, 2022 no, provided such services do not evade or avoid the prohibition on providing the underlying services to persons located in the russian federation. released on june 9, 2022 yes. u.s. persons, wherever located, are prohibited from exporting, reexporting, selling, or supplying, directly or indirectly, accounting services, which would include tax preparation and filing services, to any person located in the russian federation, unless otherwise exempt or authorized by ofac. please see faq 1059 for more information. please note the determination excludes the provision by a u.s. person of any service to an entity located in the russian federation that is owned or controlled, directly or indirectly, by a united states person, and any service in connection with the wind down or divestiture of an entity located in the russian federation that is not owned or controlled, directly or indirectly, by a russian person. updated: june 12, 2024 released on june 9, 2022 the determination of june 28, 2022 (as amended by the determination of december 22, 2023) issued pursuant to subsection 1(a)(i)(a) of amended e.o. 14068, “prohibitions related to imports of gold of russian federation origin,” prohibits the importation into the united states of gold of russian federation origin. please note that per the determination, the importation into the united states of gold of russian federation origin that was located outside of the russian federation prior to june 28, 2022 is not prohibited. for information regarding the term “russian federation origin,” please see faq 1019. date updated: december 22, 2023 released on june 28, 2022 through 12:01 a.m. eastern daylight time, october 20, 2022, russia related general license (gl) 45 (this content is no longer available) authorizes all transactions prohibited by section (1)(a)(i) of e.o. 14071 that are ordinarily incident and necessary to the wind down of financial contracts or other agreements that were entered into on or before june 6, 2022 and involve, or are linked to, debt or equity securities issued by an entity in the russian federation. the authorized transactions include the purchase, or facilitating the purchase, by u.s. persons of debt or equity securities issued by an entity in the russian federation, if that purchase is ordinarily incident and necessary to the wind down of a financial contract or agreement entered into on or before june 6, 2022. for example, u.s. persons may purchase securities issued by an entity in the russian federation in order to cover or close out a short position, per a securities lending agreement, if such agreement was entered into on or before june 6, 2022. please see faq 1054 for additional information on the scope of the prohibition in section 1(a)(i) of e.o. 14071, including permissible transactions related to the divestment or transfer of debt or equity securities to a non u.s. person. note that russia related gl 46 separately authorizes transactions related to the settlement of credit derivative transactions referencing “the russian federation” via an auction process. for further information, please see faq 1072. gl 45 does not authorize any transactions involving blocked persons, unless separately authorized. released on july 22, 2022 russia related gl 46 authorizes transactions otherwise prohibited by section (1)(a)(i) of executive order (e.o.) 14071 related to the establishment, administration, participation in, and execution of an auction process, as announced by the emea credit derivatives determination committee, to settle credit derivative transactions with a reference entity of “the russian federation” (“the auction”). examples of transactions that may be related to the auction include the submission and acceptance of bids and offers and physical settlement requests by auction participants and their customers, or the delivery and acceptance of the russian federation debt obligations and corresponding settlement amounts. to promote the proper functioning of such auction, gl 46 also authorizes u.s. persons to purchase or receive russian federation debt obligations for the period beginning two business days prior to the announced date of the auction and ending eight business days after the conclusion of the auction. gl 46 also authorizes financial institutions, among others, to facilitate, clear, and settle transactions authorized by gl 46, including the transfer to, or purchase or receipt by, u.s. persons of russian federation debt obligations. gl 46 does not require the clearance and settlement of such transactions to be completed within eight business days after the conclusion of the auction. for example, a purchase by a u.s. person of russian federation debt obligations made on the seventh business day after the conclusion of the auction does not have to be settled or cleared by the eighth business day. accordingly, u.s. financial institutions may continue settling or clearing such transactions after the eighth business day following the conclusion of the auction. financial institutions processing transactions pursuant to gl 46 may reasonably rely upon the information available to them in the ordinary course of business for the purposes of assessing whether a transaction is authorized by gl 46, provided that the financial institution does not know or have reason to know that a transaction is not in compliance with gl 46. released on july 22, 2022 no. ofac has not designated sheremetyevo international airport and, based on information available to ofac, sheremetyevo international airport is not owned 50% or more by blocked persons or otherwise considered the blocked property of alexander anatolevich ponomarenko. released on august 2, 2022 no. ofac has not designated eurochem group ag and, based on information available to ofac, eurochem group ag is not owned 50% or more by blocked persons or otherwise considered the blocked property of andrey igorevich melnichenko. as a general matter, agricultural and medical trade are not the target of sanctions imposed by the united states on russia in response to its unprovoked and brutal war against ukraine, and ofac has issued general license 6b to authorize certain transactions prohibited by the russian harmful foreign activities sanctions regulations (ruhsr) related to agricultural commodities (including fertilizer), agricultural equipment, medicine, and medical devices, among other things. for information on exemptions and authorizations pursuant to the ruhsr related to fertilizer and other agricultural commodities, please see “ofac food security fact sheet: russia sanctions and agricultural trade” and “fact sheet: preserving agricultural trade, access to communication, and other support to those impacted by russia’s war against ukraine.” released on august 2, 2022 no. ofac has not designated phosagro pjsc and, based on information available to ofac, phosagro pjsc is not owned 50% or more by blocked persons or otherwise considered the blocked property of andrey grigoryevich guryev and andrey andreevich guryev. as a general matter, agricultural and medical trade are not the target of sanctions imposed by the united states on russia in response to its unprovoked and brutal war against ukraine, and ofac has issued general license 6b to authorize certain transactions prohibited by the russian harmful foreign activities sanctions regulations (ruhsr) related to agricultural commodities (including fertilizer), agricultural equipment, medicine, and medical devices, among other things. for information on exemptions and authorizations pursuant to the ruhsr related to fertilizer and other agricultural commodities, please see “ofac food security fact sheet: russia sanctions and agricultural trade” and “fact sheet: preserving agricultural trade, access to communication, and other support to those impacted by russia’s war against ukraine.” released on august 2, 2022 since russia’s further invasion of ukraine beginning in february 2022, ofac has blocked a number of russian financial institutions pursuant to e.o. 14024 for operating or having operated in the financial services sector of the russian federation economy (see faq 966). in addition, all property and interests in property of any financial institution that is owned, directly or indirectly, individually or in the aggregate, 50 percent or more by one or more blocked persons are also blocked. accordingly, u.s. persons are prohibited from transacting with these financial institutions unless the activity is exempt or authorized by ofac. in practice, this means that accounts held by u.s. persons at any blocked russian financial institutions generally are themselves considered blocked property, unless exempt. this includes, for example, checking and savings accounts, credit cards, cds, loans, and mortgages. u.s. persons must stop utilizing such accounts and treat them as blocked, even if the designated russian financial institution does not. additionally, within 10 business days of the blocking of the account or other property, u.s. persons are required to file a blocking report with ofac describing any property or interests in property (e.g., accounts, etc.). information on the requirement to report blocked property, including accounts, and on filing initial and annual reports of blocked property with ofac can be found at faqs 49, 50, and 646, respectively, and 31 cfr § 501.603. please note that the annual filing requirement for 2022 applies only to persons holding blocked property as of june 30 of this year. on august 19, 2022, ofac issued russia related general license (gl) 50 authorizing individuals, wherever located, to engage in all transactions ordinarily incident and necessary to close their individual accounts held at a financial institution blocked pursuant to e.o. 14024. gl 50 also authorizes the unblocking and lump sum transfer to the account holder of all remaining funds and other assets in the account at the blocked financial institution, including to an account held at a non blocked financial institution. individuals may avail themselves of gl 50 to terminate their accounts with russian financial institutions blocked pursuant to e.o. 14024 and repatriate the proceeds of any account closures. individuals who have filed a blocking report with ofac and are availing themselves of gl 50 must file an unblocking report with ofac within 10 business days of the unblocking in accordance with 31 cfr § 501.603(b)(3). released on september 15, 2022 no. gl 50 authorizes individuals with accounts at russian financial institutions blocked pursuant to e.o. 14024 to unblock and lump sum transfer funds to an account at a non designated financial institution. individuals do not need to provide official documentation proving they have closed their account at the blocked russian financial institution when utilizing the gl. individuals who have filed a blocking report with ofac and are availing themselves of gl 50 must file an unblocking report with ofac within 10 business days of the unblocking in accordance with 31 cfr § 501.603(b)(3). for guidance related to filing an initial report of blocked property, an annual report of blocked property, and an unblocking report, please see faqs 49, 50, and 646, respectively, and 31 c.f.r. § 501.603. please note that the annual filing requirement for 2022 applies only to persons holding blocked property as of june 30 of this year. released on september 15, 2022 on september 15, 2022, the director of ofac, in consultation with the department of state, issued a determination pursuant to executive order (e.o.) 14071, “prohibitions related to certain quantum computing services,” prohibiting the exportation, reexportation, sale, or supply, directly or indirectly, from the united states, or by a united states person, wherever located, of certain quantum computing services to any person located in the russian federation. this determination takes effect on october 15, 2022. this determination excludes from the scope of the prohibited services: (1) any service to an entity located in the russian federation that is owned or controlled, directly or indirectly, by a united states person; and (2) any service in connection with the wind down or divestiture of an entity located in the russian federation that is not owned or controlled, directly or indirectly, by a russian person. for more information, please see faq 1084. on september 15, 2022, the director of ofac, in consultation with the department of state, also issued a sectoral determination pursuant to e.o. 14024 that authorizes the imposition of economic sanctions on individuals and entities that are determined to operate or have operated in the quantum computing sector of the russian federation economy. the determination regarding this sector pursuant to e.o. 14024 takes effect immediately. released on september 15, 2022 for the purposes of the determination, ofac anticipates publishing regulations defining this term to include any of the following services when related to quantum computing, quantum computers, electronic assemblies thereof, or cryogenic refrigeration systems related to quantum computing: infrastructure, web hosting, or data processing services; custom computer programming services; computer systems integration design services; computer systems and data processing facilities management services; computing infrastructure, data processing services, web hosting services, and related services; repairing computer, computer peripherals, or communication equipment; other computer related services; as well as services related to the exportation, reexportation, sale, or supply, directly or indirectly, of quantum computing, quantum computers, electronic assemblies thereof, or cryogenic refrigeration systems related to quantum computing to any person located in the russian federation. for the purposes of the determination, ofac also anticipates publishing regulations defining the term “person located in the russian federation” as set forth in faq 1058, as well as regulations defining the term “russian person” to mean an individual who is a citizen or national of the russian federation, or an entity organized under the laws of the russian federation. released on september 15, 2022 for the purposes of the determination of september 15, 2022 made pursuant to e.o. 14024, ofac interprets the term “quantum computing sector of the russian federation economy” to include activities related to products and services in or involving the russian federation in research, development, manufacturing, assembling, maintenance, repair, sale, or supply of quantum computing, quantum computers, electronic assemblies thereof, or cryogenic refrigeration systems related to quantum computing. ofac also interprets the term “quantum computing sector of the russian federation economy” to include any of the following services when related to quantum computing: infrastructure, web hosting or data processing services; custom computer programming services; computer systems integration design services; computer systems and data processing facilities management services; computing infrastructure, data processing services, web hosting services, and related services; repairing computer, computer peripherals, and communication equipment; other computer related services; as well as the exportation, reexportation, sale, or supply, directly or indirectly, of quantum computing, quantum computers, electronic assemblies thereof, or cryogenic refrigeration systems related to quantum computing to or from the russian federation. the determination regarding this sector pursuant to e.o. 14024 takes effect immediately. released on september 15, 2022 yes. on september 23, g7 leaders issued a statement condemning russia’s sham referenda and noting their collective readiness to impose further economic costs on russia, and on individuals and entities both inside and outside of russia that provide political or economic support for russia’s illegal attempts to change the status of ukrainian territory. the united states is prepared to more aggressively use its authorities under existing u.s. sanctions programs to target such persons whose activities may constitute material assistance, sponsorship, financial, material, or technological support for, or goods or services to, or in support of (together “material support”), sanctioned persons or sanctionable activity. particular areas of targeting focus include entities and individuals in jurisdictions outside russia that provide political or economic support for russia’s illegal attempt to annex ukrainian sovereign territory. examples of activities that could be targeted include those related to: multiple executive orders (e.o.)   including e.o.s 13660, 14024, and 14065   authorize the imposition of blocking sanctions on categories of persons   inside or outside russia   who provide material support for russia following its sham referenda, purported annexation, and continued occupation of the kherson, zaporizhzhya, donetsk, and luhansk regions of ukraine. u.s. sanctions are not designed to target ukraine or the ukrainian people, including those living in areas occupied or purportedly annexed by russia. in addition, as noted in ofac’s fact sheet: preserving agricultural trade, access to communication, and other support to those impacted by russia’s war against ukraine and frequently asked question (faq) 1007, ofac sanctions do not target transactions related to the export of food or medicine, the response to the coronavirus disease 2019 (covid 19) pandemic, the official business of an international organization, or the activities of nongovernmental organizations, as well as personal remittances, telecommunications, internet services, or mail. finally, ofac sanctions do not prohibit transactions related to the sale of or transport of crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products of russian federation origin, aside from the importation of such products into the united states. ofac will generally not impose sanctions on non u.s. persons that engage in transactions that would be authorized for u.s. persons. for additional information, please see russia related general license (gl) 8c, faq 980, and faq 1018. ofac has issued preliminary guidance on the planned maritime services policy and related price exception for seaborne russian oil and intends to issue additional guidance in coming weeks. released on september 30, 2022 yes. multiple russia related sanctions authorities authorize sanctions against non u.s. persons that provide goods, services, or other support for russia’s military industrial complex. for example, ofac may block any person determined to operate or have operated in the defense and related materiel sector of the russian federation economy pursuant to executive order (e.o.) 14024 of april 15, 2021, “blocking property with respect to specified harmful foreign activities of the government of the russian federation.” in addition, pursuant to e.o. 14024, ofac may block persons determined to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of certain sanctionable activities enumerated in e.o. 14024 or any person whose property and interests in property are blocked pursuant to e.o. 14024. ofac also has robust targeting authorities pursuant to the ukraine /russia related sanctions regulations (ursr), 31 c.f.r. part 589, which implement multiple authorities that could provide for the blocking of persons who engage in the provision of ammunition or other military goods to the russian federation, including persons determined to operate or have operated in the arms or related materiel sector of the russian federation economy, or those who have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of persons blocked pursuant to the ursr. furthermore, e.o. 14024, as amended by e.o. 14114, authorizes the imposition of sanctions on foreign financial institutions that have conducted or facilitated certain transactions involving russia’s military industrial base. for more information, see ofac’s advisory to foreign banks on russia sanctions risks, and faqs 1147, 1148, 1149, 1150 and 1151. ofac is prepared to use its broad targeting authorities against non u.s. persons that provide ammunition or other support to the russian federation’s military industrial complex, as well as private military companies (pmcs) or paramilitary groups participating in or otherwise supporting the russian federation’s unlawful and unjustified attack on ukraine. ofac will continue to target russia’s efforts to resupply its weapons and sustain its war of aggression against ukraine, including any foreign persons who assist the russian federation in those efforts. ofac and the department of state have imposed numerous targeted sanctions on the russian federation’s military industrial complex, including on state corporation rostec, the cornerstone of russia’s defense industrial base, and multiple other key firms. in addition, the department of state has identified persons that are part of, or operate for or on behalf of, the defense and intelligence sectors of the government of the russian federation pursuant to section 231 of the countering america’s adversaries through sanctions act (caatsa) (caatsa 231 list of specified persons). persons determined to knowingly engage in a significant transaction with those identified on the caatsa 231 list of specified persons are subject to five or more sanctions described in section 235 of caatsa. the department of commerce’s bureau of industry and security (bis) has also imposed highly restrictive controls on the export and reexport of u.s. origin and certain foreign produced commodities, software, and technologies to the russian federation to cut off its access to inputs and products needed to sustain its military capabilities. for more information on the impact of sanctions and export controls on russia’s military industrial complex, please see “ofac bis alert: impact of sanctions and export controls on russia’s military industrial complex,” published on october 14, 2022 and bis’s common high priority items list. date updated: february 23, 2024 released on october 14, 2022 no, provided the oil is unloaded at the port of destination prior to 12:01 a.m., eastern standard time, january 19, 2023. crude oil of russian federation origin that is loaded onto a vessel at the port of loading prior to 12:01 a.m., eastern standard time, december 5, 2022, and unloaded at the port of destination prior to 12:01 a.m., eastern standard time, january 19, 2023, is not subject to the price cap (also known as the “maritime services policy”). u.s. service providers can continue to provide services related to the maritime transport of crude oil of russian federation origin purchased at a price above the price cap, provided that the crude oil is loaded onto a vessel at the port of loading for maritime transport prior to 12:01 a.m., eastern standard time, december 5, 2022, and unloaded at the port of destination prior to 12:01 a.m., eastern standard time, january 19, 2023. the following is an example of a permissible transaction in line with the maritime services policy: as noted in ofac’s preliminary guidance, ofac anticipates implementing the maritime services policy by publishing a determination pursuant to executive order 14071 that (i) permits the exportation, reexportation, sale, or supply, directly or indirectly, from the united states, or by a united states person, wherever located, of services related to the maritime transport of crude oil or petroleum products of russian federation origin, where the price of such crude oil or petroleum products of russian federation origin does not exceed the price cap and (ii) prohibits such services if the crude oil or petroleum products of russian federation origin are purchased above the price cap. this determination would take effect at 12:01 a.m., eastern standard time, december 5, 2022, with respect to maritime transport of crude oil of russian federation origin loaded on or after 12:01 a.m., eastern standard time, december 5, 2022. released on october 31, 2022 ofac issued russia related general license (gl) 53a to authorize u.s. persons to engage in all transactions ordinarily incident and necessary to the official business of diplomatic or consular missions of the government of the russian federation ("russian missions"), where the transactions are prohibited by executive order (e.o.) 14024 and involve gazprombank, or any entity in which gazprombank owns, directly or indirectly, a 50 percent or greater interest, or are prohibited by directive 4 under e.o. 14024, "prohibitions related to transactions involving the central bank of the russian federation, the national wealth fund of the russian federation, and the ministry of finance of the russian federation." this authorization applies to transactions related to russian missions located in or outside the united states. for example, gl 53a authorizes the payment of salaries to employees of russian missions that may otherwise be prohibited by directive 4, such as a payment originated by the ministry of finance of the russian federation from a non blocked russian bank. gl 53a also authorizes the payment of salaries to employees of russian missions that may otherwise be prohibited due to the involvement of gazprombank. non u.s. persons may engage in transactions that are authorized for u.s. persons under this gl without risk of sanctions under e.o. 14024. importantly, gl 53a does not authorize any transactions involving blocked persons other than gazprombank, including blocked russian financial institutions, nor does it authorize debits to the accounts on the books of u.s. financial institutions of entities subject to directive 4. date updated: november 21, 2024 released on november 10, 2022 ofac issued general licenses (gl) 58 and 59 concurrent with the designation of rosbank. gl 58 authorizes a wind down period for transactions involving rosbank or any entity in which rosbank owns, directly or indirectly, a 50 percent or greater interest (“rosbank entities”) until 12:01 a.m. eastern daylight time, march 15, 2023. this includes transactions ordinarily incident and necessary to exit operations, contracts, or other agreements involving rosbank entities that were in effect prior to december 15, 2022, provided that such transactions do not involve a debit to a blocked account on the books of a u.s. financial institution (see frequently asked question (faq) 990). wind down activities covered by gl 58 do not include the continued processing of funds transfers, securities trades, or other transactions that involve a rosbank entity that were part of ongoing business activities prior to the imposition of sanctions, unless separately authorized (see, e.g., gls 6b, 8e, or 59). in addition, gl 58 authorizes u.s. persons, including u.s. financial institutions, to reject, rather than block, all transactions ordinarily incident and necessary to the processing of funds involving one or more rosbank entities as an originating, intermediary, or beneficiary financial institution, through 12:01 a.m. eastern daylight time, march 15, 2023. for individuals holding accounts at rosbank entities, see faq 1080 for guidance, including gl 50, which authorizes individuals to engage in all transactions ordinarily incident and necessary to close their individual accounts held at a financial institution blocked pursuant to e.o. 14024. gl 59 authorizes u.s. persons to divest or transfer holdings in securities of rosbank entities to non u.s. persons, as well as the wind down of certain derivative contracts, subject to certain conditions. please see gl 59 for additional details. released on december 15, 2022 no. ofac has not designated norilsk nickel and, based on information available to ofac as of december 15, 2022, norilsk nickel is not owned 50% or more by blocked persons or otherwise considered the blocked property of vladimir potanin. released on december 15, 2022 no, provided the petroleum products are unloaded at the port of destination prior to 12:01 a.m., eastern daylight time, april 1, 2023. petroleum products of russian federation origin that are loaded onto a vessel at the port of loading prior to 12:01 a.m., eastern standard time, february 5, 2023, and unloaded at the port of destination prior to 12:01 a.m., eastern daylight time, april 1, 2023, are not subject to the price cap. u.s. service providers can continue to provide services related to the maritime transport of petroleum products of russian federation origin purchased at a price above the price cap, provided that the petroleum products are loaded onto a vessel at the port of loading for maritime transport prior to 12:01 a.m., eastern standard time, february 5, 2023, and unloaded at the port of destination prior to 12:01 a.m., eastern daylight time, april 1, 2023. the following is an example of a permissible transaction: ofac anticipates implementing the price cap on petroleum products of russian federation origin by publishing a determination pursuant to executive order 14071 that (i) permits the exportation, reexportation, sale, or supply, directly or indirectly, from the united states, or by a united states person, wherever located, of services related to the maritime transport of petroleum products of russian federation origin, where the price of such petroleum products of russian federation origin do not exceed the price cap and (ii) prohibits such services if the petroleum products of russian federation origin are purchased above the relevant price cap. this determination would take effect at 12:01 a.m., eastern standard time, february 5, 2023, with respect to maritime transport of petroleum products of russian federation origin loaded on or after 12:01 a.m., eastern standard time, february 5, 2023. released on december 21, 2022 no. u.s. persons, including u.s. financial institutions, may transfer securities issued by non blocked russian entities from a decedent’s estate to the account of a relevant beneficiary or beneficiaries, including a successor entity (e.g., a family trust), provided such transfers (i) are part of the ordinary course administration of the decedent’s estate, (ii) do not involve an exchange for value, and (iii) have no other sanctions nexus (including the involvement of blocked persons). please note, however, that blocked securities in a decedent’s estate must remain blocked. the administration of a decedent’s estate requiring the transfer of blocked securities would require a specific license from ofac. to apply for a specific license, please go to our license application page. released on february 8, 2023 on february 24, 2023, the director of ofac, in consultation with the department of state, issued a sectoral determination pursuant to executive order (e.o.) 14024 that authorizes the imposition of economic sanctions on any person determined to operate or have operated in the metals and mining sector of the russian federation economy. this sectoral determination is effective february 24, 2023. also on february 24, 2023, ofac designated certain entities for operating in the metals and mining sector of the russian federation economy. the u.s. government may, as appropriate, impose sanctions on additional persons determined pursuant to e.o. 14024 to operate or to have operated in this sector. for further information, please see faq 1115. released on february 24, 2023 for the purposes of the determination of february 24, 2023 made pursuant to e.o. 14024, ofac anticipates publishing regulations defining the term “metals and mining sector of the russian federation economy” to include any act, process, or industry of extracting, at the surface or underground, ores, coal, precious stones, or any other minerals or geological materials in the russian federation, or any act of procuring, processing, manufacturing, or refining such geological materials, or transporting them to, from, or within the russian federation. this is the definition ofac used to define the same term in the ukraine/russia related sanctions regulations (see 31 cfr 589.325). released on february 24, 2023 no. the director of ofac, in consultation with the state department, has issued a determination pursuant to e.o. 14024 that authorizes the imposition of economic sanctions on any person determined to operate or have operated in the metals and mining sector of the russian federation economy. a sector determination pursuant to e.o. 14024 exposes persons that operate or have operated in an identified sector to sanctions risk; however, a sector determination does not automatically impose sanctions on all persons who operate or have operated in the sector. only persons determined pursuant to e.o. 14024 to operate or have operated in the above identified sector are subject to sanctions. certain additional sanctions may apply to dealings in the metals and mining sector of the russian federation economy. for example, e.o. 14071 prohibits u.s. persons from new investment in the russian federation, including in the metals and mining sector. in addition, certain goods produced by the metals and mining sector of the russian federation economy may be prohibited from importation into the united states pursuant to e.o. 14068, such as non industrial diamonds and gold of russian federation origin. for more information about prohibitions related to non industrial diamonds, see frequently asked questions (faqs) 1022, 1023, 1024, 1026, and 1027. for more information about prohibitions related to gold, see faqs 1029 and 1070. released on february 24, 2023 the determination made on february 24, 2023 pursuant to executive order (e.o.) 14024 authorizes sanctions on any person determined to operate or have operated in the metals and mining sector of the russian federation economy. non u.s. persons may also be exposed to sanctions for activities with persons blocked pursuant to e.o. 14024 (see faq 980), including persons blocked following a determination that such persons operate or have operated in the metals and mining sector. however, ofac does not intend to target persons for operating in the metals and mining sector where the provision of goods or services is solely for the safety and care of personnel, protection of human life, prevention of accidents or injuries, maintenance or repair necessary to avoid environmental or other significant damage, or activities related to environmental mitigation or remediation. examples of such goods include personal protective equipment, safety devices, ventilation systems, and alarm systems; examples of such services include rescue and accident response services, cleaning, safety inspections, and services necessary for use of the goods described above. in addition, non u.s. persons generally do not risk exposure to u.s. blocking sanctions under e.o. 14024 for engaging in transactions with blocked persons, including in the metals and mining sector, where those transactions would not require a specific license if engaged in by a u.s. person. for example, non u.s. persons generally do not risk exposure to u.s. blocking sanctions for engaging in transactions in the metals and mining sector if such transactions would be authorized for u.s. persons by general license (gl) 115a (authorizing certain civil nuclear energy related transactions) or by gl 6d (authorizing certain transactions related to the production, manufacturing, sale, transport, or provision of medicine or medical devices, including certain industrial isotopes used in nuclear medicine, among other things). date updated: january 10, 2025 released on february 24, 2023 the directive 4 under executive order (e.o.) 14024, “prohibitions related to transactions involving the central bank of the russian federation, the national wealth fund of the russian federation, and the ministry of finance of the russian federation,” as amended (russia related sovereign transactions directive), prohibits the following activities by u.s. persons: any transaction involving the central bank of the russian federation, the national wealth fund of the russian federation, or the ministry of finance of the russian federation, including any transfer of assets to such entities or any foreign exchange transaction for or on behalf of such entities (collectively, “directive 4 entities”). as noted in faq 1002, this includes both direct and indirect transactions. ofac issued the russia related sovereign transactions directive with the explicit aim of preventing the government of the russian federation from leveraging these institutions and their holdings of international reserves in ways that would undermine the impact of u.s. sanctions. information currently available to ofac suggests so called “exit taxes” imposed by the government of the russian federation involve payments to directive 4 entities. consequently, u.s. persons whose divestment from the russian federation will involve the payment of such an exit tax require a specific license from ofac prior to the payment of such tax, unless otherwise authorized by ofac. gl 13e authorizes u.s. persons, or entities owned or controlled, directly or indirectly, by a u.s. person, to pay taxes, fees, or import duties, and purchase or receive permits, licenses, registrations, or certifications involving directive 4 entities that would otherwise be prohibited by the russia related sovereign transactions directive, provided such transactions are ordinarily incident and necessary to such persons’ day to day operations in the russian federation. payment of exit taxes is not considered ordinarily incident and necessary to day to day operations in the russian federation and, thus, is not authorized under gl 13e. therefore, u.s. persons whose divestment of assets in the russian federation will involve a payment of such an “exit tax” should seek a specific license from ofac. such persons may submit a request for a specific license with ofac’s licensing division online at https://ofac.treasury.gov/ofac license application page. license applications related to these payments should include information regarding the amount of the exit tax, the amount of ongoing taxes that would otherwise be paid to the government of the russian federation should divestment not occur, the impact of a failure to pay the tax on the employees of the exiting company, the specific economic activity in russia of the exiting company, and the impact on the russian federation of the divestment. ofac will expedite its review of such requests, which will be evaluated on a case by case basis. while ofac is aware that the commission established by the russian federation to review such divestments may include individuals from entities subject to the russia related sovereign transactions directive or individuals listed on the specially designated nationals and blocked persons list, u.s. persons do not need to seek authorization from ofac for their russian buyers to submit an application to the commission regarding a divestment transaction. date updated: may 19, 2023 released on february 24, 2023 the united states generally supports the free flow of information globally as facilitated by telecommunications and certain internet based communications. accordingly, gl 25d authorizes   with certain exceptions and exclusions   (i) all transactions ordinarily incident and necessary to the receipt or transmission of telecommunications involving the russian federation that are prohibited by the russian harmful foreign activities sanctions regulations, 31 cfr part 587 (ruhsr); (ii) the exportation or reexportation, sale, or supply from the united states or by u.s. persons, wherever located, to the russian federation of services that are incident to the exchange of communications over the internet and that are prohibited by the ruhsr; and (iii) the exportation or reexportation, sale, or supply from the united states or by u.s. persons, wherever located, to the russian federation of software, hardware, or technology incident to the exchange of communications over the internet that is authorized for export to russia by the department of commerce if it is subject to the export administration regulations, 15 cfr parts 730 774 (ear), or that would be eligible for a license exception or otherwise authorized for export to russia by the department of commerce if it were subject to the ear (see faq 1040). however, certain transactions related to megafon pao (megafon) or limited liability company digital invest (digital invest)   which were designated by the department of state on april 12, 2023 pursuant to executive order 14024   or any entity in which megafon or digital invest owns, directly or indirectly, individually or in the aggregate, a 50 percent or greater interest (collectively, “covered entities”), may not involve the russian federation, and thus, may not be authorized by gl 25d. to ensure certain transactions related to telecommunications and internet based communications involving the covered entities and tajikistan or uzbekistan can continue, ofac issued gl 65. gl 65 authorizes   with certain exceptions and exclusions   (i) all transactions prohibited by the ruhsr that are ordinarily incident and necessary to the receipt or transmission of telecommunications involving the covered entities, and involving tajikistan or uzbekistan or (ii) the exportation or reexportation, sale, or supply, directly or indirectly, from the united states or by u.s. persons, wherever located, to the covered entities of services, software, hardware, or technology incident to the exchange of communications over the internet that is prohibited by the ruhsr. please note that gl 65 does not relieve persons from compliance with other federal laws, such as the export licensing requirements maintained by the department of commerce’s bureau of industry and security. updated: june 12, 2024 released on april 12, 2023 section 1(a)(i) of e.o. 14024 imposes sanctions with respect to any person determined by the secretary of the treasury, in consultation with the secretary of state, to operate or have operated in the technology sector or the defense and related materiel sector of the russian federation economy, or any other sector of the russian federation economy as may be determined by the secretary of the treasury, in consultation with the secretary of state. as of january 10, 2025, persons may be sanctioned pursuant to e.o. 14024 for operating or having operated in the following sectors of the russian federation economy: january 10, 2025 faq 1213 ofac expects to promulgate regulations that define the terms (i) architecture sector of the russian federation economy, (ii) engineering sector of the russian federation economy, (iii) construction sector of the russian federation economy, (iv) manufacturing sector of the russian federation economy, (v) transportation sector of the russian federation economy; (vi) technology sector of the russian federation economy; (vii) defense and related materiel sector of the russian federation economy; (viii) aerospace sector of the russian federation economy; (ix) financial services sector of the russian federation economy; (x) electronics sector of the russian federation economy; (xi) marine sector of the russian federation economy, and (xii) energy sector of the russian federation economy consistent with the following: architecture sector of the russian federation economy: the term architecture sector of the russian federation economy includes activities such as advising; pre designing; designing; preparing sketches, reports, studies, assessments, site plans, working drawings, specifications, cost estimates, as built drawings, or other materials; contract administration; site selection; and inspections concerning architectural and related matters involving the russian federation. such activities may be related to the following types of projects, e.g.: residential, institutional, leisure, commercial, and industrial buildings and structures; recreational areas; transportation infrastructure; land subdivisions; urban planning; landscape architecture; and not necessarily relate to a new construction project. the term additionally includes any related activities, including the provision or receipt of goods, services, or technology to, from, or involving the architecture sector of the russian federation economy. engineering sector of the russian federation economy: the term engineering sector of the russian federation economy includes activities such as advising; designing; recommending; consulting; constructing; installing, surveying; preparing studies, specifications, cost estimates, working drawings, process flow diagrams, arrangement drawings, or other materials; map making; planning; testing; analysis; and inspecting for engineering and related matters involving the russian federation. such activities may be undertaken during any phase of an engineering project of any type and may not necessarily relate to a new construction or development project. the term additionally includes any related activities, including the provision or receipt of goods, services, or technology to, from, or involving the engineering sector of the russian federation economy. construction sector of the russian federation economy: the term construction sector of the russian federation economy includes activities such as the production, procurement, devising, framing, design, testing, financing, distribution, or transport involving the russian federation, of goods, services, or technology to fabricate, shape, alter, maintain, or form any buildings or structures, including the on site development, assembly, or construction of residential, commercial, or institutional buildings, or of transportation infrastructure, in the russian federation; and any related activities, including the provision or receipt of goods, services, or technology to, from, or involving the construction sector of the russian federation economy. manufacturing sector of the russian federation economy: the term manufacturing sector of the russian federation economy includes activities such as the creation, modification, repair, testing, or financing, of goods by manual labor or machinery involving the russian federation and any related activities, including the provision or receipt of goods, services, or technology to, from, or involving the manufacturing sector of the russian federation economy. note that persons conducting or facilitating transactions that are exempt or authorized by ofac such as those related to the provision of agricultural commodities, food, medicine, or medical devices, or related to civil nuclear energy will not be subject to sanctions under e.o. 14024. transportation sector of the russian federation economy: the term transportation sector of the russian federation economy includes activities such as the production, manufacturing, testing, financing, distribution or transport to, from, or involving the russian federation of any mode of transport or any goods, services, or technology for the movement or conveyance of persons or property and the loading, unloading, or storage incidental to the movement of such persons or property; and any related activities, including the provision or receipt of goods, services, or technology to, from, or involving the transportation sector of the russian federation economy. technology sector of the russian federation economy: the term technology sector of the russian federation economy includes activities such as the production, procurement, research, development, design, engineering, testing, servicing, financing, distribution, use, or transport involving the russian federation, of software, equipment, electronics, items, tools, materials, or devices, and any components, parts, or accessories of the foregoing, related to the fields of computing, engineering, applied mathematics, or applied sciences involving the russian federation and any related activities, including the provision or receipt of goods or services involving the technology sector of the russian federation economy. defense and related materiel sector of the russian federation economy: the term defense and related materiel sector of the russian federation economy includes military, armed forces, or security forces of or within the russian federation; the use of arms or related materiel by military, armed forces, or security forces of or within the russian federation; any person designing, developing, manufacturing, supplying, financing, procuring, or distributing goods, services, or technology to, from, or involving military, armed forces, or security forces of or within the russian federation; and any related activities, including the provision or receipt of goods, services, or technology involving the defense and related materiel sector of the russian federation economy. the term defense and related materiel sector of the russian federation economy also includes acquisition, possession, procurement, research, design, development, testing, evaluation, manufacture, maintenance, upgrade or refurbishment, shipping, supply, sale, transfer, or storage to, from, within, for, transiting, or on behalf of the russian federation of arms or related materiel of all types; enablers, aggregates, components, parts, as well as related documentation and instructions for any such arms or related materiel; or training for the use of included systems, provision of simulation equipment, documentation (including training manuals, maintenance orders, or technical bulletins), prototypes, software upgrades, and licensing and manufacturing agreements for such items. aerospace sector of the russian federation economy: the term aerospace sector of the russian federation economy includes activities such as the production, procurement, development, design, testing, servicing, financing, distribution, use, or transport involving the russian federation and its airspace, of aircraft or any other device used or intended to be used for flight or activities in the air or in space, missiles, unmanned aerial vehicles, space based vehicles, satellites, high altitude balloons, any other device that operates above the surface of the earth, and any items, components, parts, or accessories intended for the foregoing; airports or any other area of land or water used or intended to be used for a purpose related to the aerospace sector of the russian federation; and any related activities, including the provision or receipt of goods, services, or technology involving the aerospace sector of the russian federation economy. financial services sector of the russian federation economy: the term financial services sector of the russian federation economy includes economic or financial services in, involving the russian federation, including government operated and private banks, depository institutions, credit card companies, investment banking services, foreign exchange services, money services businesses, payday lenders, mortgage companies, securities exchanges, securities dealers, asset managers, insurance companies, other financial institutions, and any persons in the business of accepting deposits, transferring funds, facilitating investment, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, commodity futures or options, or procuring purchasers and sellers thereof, as principal or agent; and any related activities, including the provision or receipt of goods, services, or technology involving the financial services sector of the russian federation economy. electronics sector of the russian federation economy: the term electronics sector of the russian federation economy includes activities such as the production, procurement, development, design, testing, servicing, financing, distribution, use, or transport to, from, or involving the russian federation, of computers, computer peripherals, semiconductors, electronic capacitors or resistors, coils, circuit boards, cryptographic software and hardware, or devices that control, direct, or utilize an electric current, and any items, components, parts, or accessories of the foregoing; and any related activities, in, or involving the russian federation, including the provision or receipt of goods, services, or technology involving the electronics sector of the russian federation economy. marine sector of the russian federation economy: the term marine sector of the russian federation economy includes activities such as the production, procurement, development, design, testing, servicing, financing, distribution, use, or transport, to, from, or involving the russian federation or its marine waterways or oceanic exclusive economic zone, of vessels, or any device used or intended to be used in or otherwise relating to the sea or any navigable body of water, and any items, components, parts, or accessories of the foregoing; any activity relating to the sea or any body of navigable water; ports or any area of land or water used or intended to be used for any purpose related to the marine sector of the russian federation, including shipping; and any related activities, including the provision or receipt of goods, services, or technology involving the marine sector of the russian federation economy. the term includes the financing, sale, supply, or transfer of vessels to or from, directly or indirectly, the russian federation or any russian federation person. energy sector of the russian federation economy: the term energy sector of the russian federation economy includes activities such as the procurement, exploration, extraction, drilling, mining, harvesting, production, refinement, liquefaction, gasification, regasification, conversion, enrichment, fabrication, manufacturing, testing, financing, distribution, purchase or transport to, from, or involving the russian federation, of petroleum, including crude oil, lease condensates, unfinished oils, natural gas, liquefied natural gas, natural gas liquids, or petroleum products, or other products capable of producing energy, such as coal, wood, or agricultural products used to manufacture biofuels; the development, production, testing, generation, transmission, financing, or exchange of power, through any means, including nuclear, electrical, thermal, and renewable, to, from, or involving the russian federation; and any related activities, including the provision or receipt of goods, services, or technology to, from, or involving the energy sector of the russian federation economy. date updated: january 10, 2025 released on may 19, 2023 a sector determination pursuant to e.o. 14024 exposes persons that operate or have operated in an identified sector to sanctions risk; however, a sector determination does not automatically impose sanctions on all persons who operate or have operated in the sector. only persons determined, pursuant to e.o. 14024, by the secretary of the treasury in consultation with the secretary of state, or by the secretary of state in consultation with the secretary of the treasury, or their delegates, to operate or have operated in the above identified sectors are subject to sanctions. see faq 1126 for the sectors identified pursuant to e.o. 14024 as of may 19, 2023. persons sanctioned pursuant to e.o. 14024 for operating or having operated in an identified sector are added to one or more ofac sanctions lists based on the type of sanction, including the list of specially designated nationals and blocked persons (sdn list), the list of foreign financial institutions subject to correspondent account or payable through account sanctions (capta list), and the non sdn menu based sanctions list (ns mbs list). released on may 19, 2023 section 1(a)(ii) of e.o. 14071 prohibits the exportation, reexportation, sale, or supply, directly or indirectly, from the united states, or by a united states person, wherever located, of any category of services as may be determined by the secretary of the treasury, in consultation with the secretary of state, to any person located in the russian federation. as of april 12, 2024, categories of services identified pursuant to e.o. 14071 include: accounting; trust and corporate formation services; management consulting architecture; engineering ofac expects to promulgate regulations that define the terms architecture services, engineering services, and covered metals acquisition services consistent with the following: architecture services include advisory services; pre design services; design services, including schematic design, design development, and final design; contract administration services; combined architectural design and contract administration services; including post construction services; and all other services requiring the expertise of architects. the prohibition applies to such services as they relate to residential, institutional, leisure, commercial, and industrial buildings and structures; recreational areas; transportation infrastructure; land subdivisions; and not necessarily related to a new construction project. the term also includes urban planning services (i.e., land use, site selection, and servicing of land for systemic, coordinated urban development) and landscape architectural services. ofac intends to interpret this term consistent with un central product classification (cpc) codes 86711 86704, 86719, and 86741 86742. engineering services include assistance, advisory, consultative, design, and recommendation services concerning engineering matters or during any phase of an engineering project. engineering design services may be for: the construction of foundations and building structures (i.e., structural engineering); mechanical and electrical installations for buildings; the construction of civil engineering works; industrial processes and production; or other engineering designs, such as those for acoustics, vibration, traffic control systems, or prototype development for new products. the term additionally includes geotechnical, groundwater, and corrosion engineering services; integrated engineering services, such as those for transportation infrastructure or other projects; engineering related scientific and technical consulting services, including geological, geophysical, geochemical, surface or subsurface surveying, and map making services; testing and analysis services of chemical, biological, and physical properties of materials or of integrated mechanical and electrical systems; and technical inspection services. ofac intends to interpret this term consistent with un cpc codes 86721 86727, 86729, 86731 86733, 86739, 86751 86754, 86761 86764, and 86769. additionally, ofac does not consider maritime classification services to be subject to the prohibition, as is consistent with the ofac guidance on implementation of the price cap policy for crude oil and petroleum products of russian federation origin. covered metals acquisition services means warranting services for aluminum, copper, or nickel of russian federation origin on a global metal exchange and services to acquire aluminum, copper, or nickel of russian federation origin as part of the physical settlement of a derivative contract. “warranting services” refers to issuing, registering, accepting, or acquiring a warrant or the underlying metal on a global metal exchange (i.e., a commodities exchange that provides infrastructure and services for the international trading of base metal derivatives contracts). examples of such global metal exchanges include, but are not limited to, the chicago mercantile exchange, the london metal exchange, and the shanghai futures exchange. “warrant” means an electronic record or physical document of title to, possession of, or rights in respect of a specified lot of metal (including where such metal is held in a third country within a global metal exchange approved warehouse). a warrant is created or issued in accordance with the rules of a global metal exchange. updated: june 12, 2024 released on may 19, 2023 on may 19, 2023, the department of state designated russia based polimetall ao pursuant to executive order (e.o.) 14024. these blocking sanctions apply only to this entity and any entities in which it owns, directly or indirectly, a 50 percent or greater interest. neither the department of state nor ofac have designated this entity’s ultimate parent company, jersey based polymetal international plc, and based on information available to ofac, polymetal international plc is not owned 50 percent or more by blocked persons or otherwise considered the blocked property of any blocked persons. u.s. persons, therefore, are not prohibited from dealing with polymetal international plc, its non blocked subsidiaries, or non blocked affiliates to the extent the proposed dealings do not involve any blocked person, any interest in property of a blocked person, or any other activities prohibited pursuant to any ofac sanctions authorities. released on may 19, 2023 no. ofac has not designated letterone and, based on information available to ofac, letterone is not owned 50 percent or more by blocked persons or otherwise considered the blocked property or interest in property of blocked persons, including petr olegovich aven, mikhail maratovich fridman, german borisovich khan, and alexey viktorovich kuzmichev. released on august 11, 2023 e.o. 14114 amends e.o. 14024 and e.o. 14068 to further address the russian federation’s continued use of its military industrial base to aid its effort to undermine security in countries and regions important to united states national security and to further counteract the russian federation’s continued evasion of u.s. sanctions. for additional information and guidance on the amendment to e.o. 14024, see faqs 1147, 1148, 1149, 1150, 1151, 1152, 1181, and 1182. for additional information on the amendment to e.o. 14068, see faqs 1154, 1155, 1156, and 1157. updated: june 12, 2024 released on december 22, 2023 e.o. 14114 amends e.o. 14024 to authorize the imposition of sanctions on foreign financial institutions (ffis) that have engaged in certain transactions involving russia’s military industrial base, including all persons whose property and interests in property are blocked pursuant to e.o. 14024. specifically, section 11 of e.o. 14024, as amended, authorizes sanctions on ffis that have (i) conducted or facilitated any significant transaction or transactions for or on behalf of any person designated pursuant to e.o. 14024 for operating or having operated in the technology, defense and related materiel, construction, aerospace, or manufacturing sectors of the russian federation economy or other sectors as may be determined to support russia’s military industrial base by the secretary of the treasury, in consultation with the secretary of state; or (ii) conducted or facilitated any significant transaction or transactions, or provided any service, involving russia’s military industrial base, including the sale, supply, or transfer, directly or indirectly, to the russian federation, of any item or class of items as may be determined by the secretary of the treasury, in consultation with the secretary of state and the secretary of commerce. see determination of december 22, 2023 pursuant to subsection 11(a)(ii) of e.o. 14024 (russia critical items determination) for the list of items determined under the order, as amended. subsection 11(b) of e.o. 14024, as amended, authorizes ofac (i) to prohibit the opening or prohibit or impose strict conditions on the maintenance of correspondent accounts or payable through accounts in the united states for such ffis or (ii) to block such ffis. for additional information and guidance on the amendment to e.o. 14024, see faqs 1148, 1149, 1150, 1151, 1152, 1153, 1181, and 1182. updated: june 12, 2024 released on december 22, 2023 ffis may be sanctioned for engaging in certain transactions, or providing any service, involving russia’s military industrial base. for example, ffis may be sanctioned for conducting any significant transaction(s) for any person that has been blocked pursuant to e.o. 14024. ffis may also be sanctioned for maintaining accounts, transferring funds, or providing other financial services to persons, either inside or outside russia, for any person blocked pursuant to e.o. 14024, as well as to any person operating in the following sectors of the russian federation economy: technology, defense and related materiel, construction, aerospace, or manufacturing. this also includes facilitating the sale, supply, or transfer, directly or indirectly, to the russian federation of certain items critical to russia’s war effort identified in the determination of december 22, 2023 pursuant to subsection 11(a)(ii) of e.o. 14024 (russia critical items determination), such as certain machine tools, semiconductor manufacturing equipment, electronic test equipment, propellants and their precursors, lubricants and lubricant additives, bearings, advanced optical systems, and navigation instruments. for additional information and examples of the types of activities that would expose ffis to sanctions risks, see ofac’s advisory to foreign banks on russia sanctions risks. for additional information on the specific items identified on the russia critical items determination, see faq 1150. updated: june 12, 2024 released on december 22, 2023 pursuant to subsection 11(b) of e.o. 14024, as amended, ofac may block ffis or prohibit the opening or prohibit or impose strict conditions on the maintenance of correspondent accounts or payable through accounts in the united states for such ffis. for ffis for which the opening or maintaining of a correspondent account or a payable through account is prohibited pursuant to subsection 11(b)(i) of e.o. 14024, u.s. financial institutions must close any correspondent account or payable through account maintained for or on behalf of those foreign financial institutions. russia related general license (gl) 84 authorizes the closures of such accounts within 10 days of the imposition of sanctions pursuant to subsection 11(b)(i) of e.o. 14024, subject to certain conditions. for ffis subject to blocking sanctions pursuant to subsection 11(b)(ii) of e.o. 14024, all property and interests in property of those ffis that are in the united states or in possession or control of u.s. persons are blocked and must be reported to ofac. any entities that are owned, directly or indirectly, individually or in the aggregate, 50 percent or more by one or more blocked ffis (or other blocked persons) are also blocked. released on december 22, 2023 the russia critical items determination issued pursuant to subsection 11(a)(ii) of e.o. 14024 identifies certain items that support russia’s military industrial base. foreign financial institutions (ffis) may be sanctioned for having conducted or facilitated any significant transaction or transactions, or provided any service, involving russia’s military industrial base, including the sale, supply, or transfer, directly or indirectly of these identified items. ffis should use the list of specified items for the purpose of mitigating sanctions risk under section 11 of e.o. 14024, as amended. the broader groups in which these items are categorized provide additional context as to why they are critical for russia’s war effort, including for the production of advanced precision guided weapons and other critical items. ofac’s advisory to foreign banks on russia sanctions risks provides additional guidance to ffis on the use of the specified items in the russia critical items determination and the u.s. department of commerce’s common high priority items list. russia critical items determination released on december 22, 2023 ofac expects to promulgate regulations that define or interpret these terms as follows: foreign financial institution: as defined in subsection 11(f) of e.o. 14024, foreign financial institution means any foreign entity that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, futures or options, or procuring purchasers and sellers thereof, as principal or agent. it includes depository institutions, banks, savings banks, money services businesses, operators of credit card systems, trust companies, insurance companies, securities brokers and dealers, futures and options brokers and dealers, forward contract and foreign exchange merchants, securities and commodities exchanges, clearing corporations, investment companies, employee benefit plans, dealers in precious metals, stones, or jewels, and holding companies, affiliates, or subsidiaries of any of the foregoing. the term does not include the international financial institutions identified in 22 u.s.c. 262r(c)(2), the international fund for agricultural development, the north american development bank, or any other international financial institution so notified by the office of foreign assets control. russia’s military industrial base includes all persons blocked pursuant to e.o. 14024, as well as any person operating in the technology, defense and related materiel, construction, aerospace, and manufacturing sectors of the russian federation economy (and other sectors as may be determined pursuant to e.o. 14024). for definitions of those identified sectors, see faq 1126. russia’s military industrial base may also include individuals and entities that support the sale, supply, or transfer, directly or indirectly, of critical items identified in determinations pursuant to subsection 11(a)(ii) of e.o. 14024, to the russian federation. see determination of december 22, 2023 pursuant to subsection 11(a)(ii) of executive order 14024 (russia critical items determination). see also faq 1150 for additional information. significant transaction or transactions: ofac may consider the totality of the facts and circumstances when determining whether a transaction or transactions are “significant.” as a general matter, some or all of the following factors may be considered: (a) the size, number, and frequency of the transaction(s); (b) the nature of the transaction(s); (c) the level of awareness of management and whether the transactions are part of a pattern of conduct; (d) the nexus of the transaction(s) to persons sanctioned pursuant to e.o. 14024, or to persons operating in russia’s military industrial base; (e) whether the transaction(s) involve deceptive practices; (f) the impact of the transaction(s) on u.s. national security objectives; and (g) such other relevant factors that ofac deems relevant. updated: june 12, 2024 released on december 22, 2023 yes. the prohibitions and targeting authorities of amended section 11 of e.o. 14024 apply with respect to any currency. for example, an ffi that processes a significant transaction denominated in a non usd local currency for a person blocked pursuant to e.o. 14024 or an ffi that processes any significant transaction(s) denominated in a non usd local currency on behalf of a customer that exports critical items to russia's military industrial base, risks being sanctioned by ofac. for further information on sanctions risk for ffis under section 11 of e.o. 14024, see ofac’s advisory to foreign banks on russia sanctions risks, faq 1148, and faq 1149. updated: june 12, 2024 released on december 22, 2023 e.o. 14114 of december 22, 2023 amends e.o. 14068 to provide for additional prohibitions on the importation and entry into the united states of certain products. it does so by maintaining the existing e.o. 14068 importation prohibitions in subsection 1(a)(i)(a) and identifying in subsections 1(a)(i)(b) (d) additional types of products that may be prohibited upon the issuance of determinations, as described below. subsection 1(a)(i)(b) authorizes the imposition of importation prohibitions on categories of fish, seafood, and preparations thereof, diamonds, and other products as may be determined, that were mined, extracted, produced, or manufactured wholly or in part in the russian federation, or harvested in waters under the jurisdiction of the russian federation or by russia flagged vessels, even if such products have been incorporated or substantially transformed into other products outside of the russian federation. subsections 1(a)(i)(c) and (d) authorize the identification of additional types of products that would be subject to importation prohibitions under the order, upon a determination by the secretary of the treasury, in consultation with the secretary of state, secretary of commerce, and secretary of homeland security. for additional information and guidance on the amendment to e.o. 14068, see faqs 1155, 1156, 1157, 1164, 1165, and 1166. date updated: february 23, 2024 released on december 22, 2023 the seafood determination issued pursuant to subsection 1(a)(i)(b) of e.o. 14068, as amended, prohibits the importation and entry into the united states, including importation for admission into a foreign trade zone located in the united states, of salmon, cod, pollock, or crab that was produced wholly or in part in the russian federation or harvested in waters under the jurisdiction of the russian federation or by russia flagged vessels, even if such salmon, cod, pollock, or crab has been incorporated or substantially transformed into another product outside of the russian federation. accordingly, the seafood determination expands the importation prohibitions in e.o. 14068 to include salmon, cod, pollock, or crab of russian federation origin that have been processed in a third country into a new product. released on december 22, 2023 individuals and entities may import the listed types of seafood, for a limited time, into the united states subject to the conditions of general license (gl) 83. gl 83 authorizes the importation into the united states, through 12:01 a.m. eastern standard time, february 21, 2024, of salmon, cod, pollock, and crab that are subject to the seafood determination, provided that the importation is pursuant to written contracts or written agreements entered into prior to december 22, 2023. individuals and entities may also find new buyers or re direct such shipments to other countries. the seafood determination prohibits the importation into the united states of salmon, cod, pollock, or crab of russian federation origin, even if incorporated or substantially transformed into another product in a third country. it does not prohibit u.s. persons from engaging in transactions to sell or re direct shipments outside the united states that were previously destined for the united states. released on december 22, 2023 for the purposes of the seafood determination, ofac anticipates publishing regulations defining these terms to include articles defined at the following harmonized tariff schedule of the united states (htsus) subheadings: • “salmon:” articles defined at htsus subheadings 0302.13.0013, 0302.13.0014, 0302.13.0022, 0302.13.0032, 0302.13.0042, 0302.13.0053, 0302.13.0054, 0302.13.0062, 0302.14.0003, 0302.14.0004, 0302.14.0062, 0303.11.0000, 0303.12.0012, 0303.12.0022, 0303.12.0032, 0303.12.0052, 0303.12.0062, 0303.13.0000, 0303.91.4040, 0304.41.00, 0304.41.0010, 0304.41.0020, 0304.41.0090, 0304.52.00, 0304.52.0010, 0304.52.0015, 0304.52.0020, 0304.52.0090, 0304.81.1000, 0304.81.5010, 0304.81.5090, 0305.20.4020, 0305.41.0000, 0305.69.4000, 1604.11.2020, 1604.11.2030, 1604.11.2090, 1604.11.4010, 1604.11.4020, 1604.11.4030, 1604.11.4040, 1604.11.4050, including any subsequent revisions to the list of htsus classifications.• “cod:” articles defined at htsus subheadings 0302.51.0010, 0302.51.0090, 0303.63.0010, 0303.63.0090, 0304.44.0010, 0304.44.0015, 0304.53.0010, 0304.53.0015, 0304.71.1000, 0304.71.5000, 0304.95.1010, 0304.95.1015, 0304.95.1020, 0305.32.0010, 0305.32.0090, 0305.51.0000, 0305.62.0010, 0305.62.0025, 0305.62.0030, 0305.62.0045, 0305.62.0050, 0305.62.0060, 0305.62.0070, 0305.62.0080, including any subsequent revisions to the list of htsus classifications.• “pollock:” articles defined at htsus subheadings 0302.55.1100, 0302.55.5000, 0302.59.5010, 0303.67.0000, 0304.44.0025, 0304.53.0025, 0304.75.1000, 0304.75.5000, 0304.79.1010, 0304.94.1005, 0304.94.1010, 0304.94.1090, 0304.94.9000, 0304.95.1030, 0305.69.1022, 0305.69.1042, 1604.19.1000, 1604.19.2500, including any subsequent revisions to the list of htsus classifications.• “crab:” articles defined at htsus subheadings 0306.14.2000, 0306.14.40, 0306.14.4003, 0306.14.4006, 0306.14.4009, 0306.14.4012, 0306.14.4015, 0306.14.4020, 0306.14.4030, 0306.14.4090, 0306.33.2000, 0306.33.4000, 0306.93.2000, 0306.93.4000, 1605.10.0510, 1605.10.0590, 1605.10.2010, 1605.10.2022, 1605.10.2025, 1605.10.2030, 1605.10.2051, 1605.10.2059, 1605.10.2090, 1605.10.4002, 1605.10.4005, 1605.10.4010, 1605.10.4015, 1605.10.4025, 1605.10.4030, 1605.10.4035, 1605.10.4040, 1605.10.6010, 1605.10.6090, including any subsequent revisions to the list of htsus classifications.additionally, these terms apply to products of salmon, cod, pollack and crab classified under the htsus subheadings 0301.99.0390, 0302.59.1100, 0304.95.1005, 0304.95.1090, 0304.99.1104, 0304.99.1109, 0304.99.1183, 0305.20.4065, 0305.39.6180, 0305.49.4020, 0305.49.4045, 0305.59.0001, 0305.72.0000, 0305.79.0000, 1603.00.9090, 1604.19.2200, 1604.19.3200, 1604.19.4100, 1604.19.5100, 1604.19.6100, 1604.19.8200, 1604.20.0510, 1604.20.0590, 1604.20.1000, 1604.20.1500, 1604.20.2000, 1604.20.2500, 1604.20.3000, 1604.20.4000, 1604.20.5010, 1604.20.5090, 1604.20.6010, 1604.20.6090, including any subsequent revisions to the list of htsus classifications. date updated: january 18, 2024 released on december 22, 2023 on march 11, 2022, the biden administration issued executive order (e.o.) 14068, prohibiting the importation into the united states of non industrial diamonds of russian federation origin. see faqs 1019 and 1027 for the definition of russian federation origin and non industrial diamonds, respectively. on december 6, 2023, the g7 leaders announced a coordinated international effort to impose phased restrictions on the importation of certain russian diamonds, including diamonds processed in third countries. as a part of this g7 commitment, ofac has issued additional restrictions on the importation of non industrial diamonds mined, extracted, produced, or manufactured wholly or in part in the russian federation as well as unsorted diamonds and diamond jewelry. specifically, on february 8, 2024, ofac issued two determinations, “prohibitions related to imports of certain categories of diamonds” pursuant to executive order (e.o.) 14068 (the “diamonds determination”) and “prohibitions related to imports of diamond jewelry and unsorted diamonds of russian federation origin and diamond jewelry and unsorted diamonds exported from the russian federation” pursuant to executive order (e.o.) 14068 (the “diamond jewelry and unsorted diamonds determination”). these prohibitions are described below, along with the relevant harmonized tariff schedule of the united states (htsus) references and a list of illustrative examples of products subject to the prohibitions. non industrial diamonds that are products of russia htsus subheading: 7102.31, 7102.39 march 1, 2024: ≥ 1.0 carat september 1, 2024: ≥ 0.5 carat rough diamond was mined in russia then cut and polished in a third country htsus subheading: 7102.31, 7102.39 unsorted diamonds mined or exported from russia htsus subheading: 7102.10 diamond bracelet either made in russia or made elsewhere but exported from russia htsus heading: 7113, incorporating diamonds released on february 23, 2024 the diamonds determination prohibits the importation and entry into the united states of two categories of diamonds, effective on the dates indicated below. effective march 01, 2024, the diamonds determination prohibits the importation of non industrial diamonds that were mined, extracted, produced, or manufactured wholly or in part in the russian federation with a weight of 1.0 carat or greater, even if such diamonds have been substantially transformed into other products outside of the russian federation. effective september 01, 2024, the diamonds determination prohibits the importation of russian non industrial diamonds with a weight of 0.5 carats or greater, even if such diamonds have been substantially transformed into other products outside of the russian federation. for example, a non industrial diamond that is mined in russia but then undergoes manufacturing operations such as being cut, faceted, or polished in a third country, is prohibited from importation and entry into the united states, if at the time of importation, it is 1.0 carat or greater as of march 01, 2024 or 0.5 carats or greater as of september 01, 2024. see faq 1027 for the definition of non industrial diamonds. see faq 1166 for information on the prohibition related to diamond jewelry and unsorted diamonds. pursuant to general license (gl) 104, u.s. persons are authorized to import into the united states non industrial diamonds, substantially transformed into other products outside of the russian federation, with a weight of 1.0 carat or greater, if those diamonds were physically located outside of the russian federation before, and not exported or reexported from the russian federation since, march 01, 2024. gl 104 also authorizes the importation into the united states of non industrial diamonds, substantially transformed into other products outside of the russian federation, with a weight of 0.5 carats or greater if those diamonds were physically located outside of the russian federation before, and not exported or reexported from the russian federation since, september 01, 2024. see faq 1189 for additional information. date updated: august 23, 2024. released on february 23, 2024 the diamond jewelry and unsorted diamonds determination prohibits the importation and entry into the united states of diamond jewelry and unsorted diamonds of russian federation origin, as well as diamond jewelry and unsorted diamonds that were exported from the russian federation. for example, it prohibits the importation into the united states of a diamond bracelet that has been manufactured in the russian federation, regardless of where the diamonds originated. this prohibition comes into effect on march 01, 2024. see faq 1027 for the definition of diamond jewelry. see faq 1019 for the definition of russian federation origin. see faq 1165 for information on the prohibition related to certain categories of non industrial diamonds. pursuant to general license (gl) 103, u.s. persons are authorized to import into the united states diamond jewelry if that jewelry was physically located outside of the russian federation before, and not exported or reexported from the russian federation since, march 01, 2024. date updated: august 23, 2024. released on february 23, 2024 on december 6, 2023, and february 24, 2024, the g7 leaders issued statements signaling their intent to reduce russia’s revenues from metals. on april 12, 2024, in coordination with the united kingdom, the united states issued two new prohibitions that will further disrupt the revenue that russia earns from its export of aluminum, copper, and nickel of russian federation origin, including through the use of u.s. global metal exchanges. to implement this action, treasury issued two determinations. the first, “prohibitions related to imports of aluminum, copper, and nickel of russian federation origin” (the “metals import determination”) pursuant to executive order (e.o.) 14068, as amended by e.o. 14114, prohibits the importation and entry into the united states, including importation for admission into a foreign trade zone located in the united states, of aluminum, copper, and nickel of russian federation origin. per the determination, the importation into the united states of aluminum, copper, and nickel of russian federation origin that was produced prior to april 13, 2024 is not prohibited. see faq 1019 and 1170 for more information. the second, “prohibitions on certain services for the acquisition of aluminum, copper, or nickel of russian federation origin” (the “metals services determination”) pursuant to e.o. 14071, prohibits the exportation, reexportation, sale, or supply, directly or indirectly, from the united states, or by a united states person, wherever located, of the following categories of services to any person located in the russian federation: warranting services for aluminum, copper, or nickel of russian federation origin on a global metal exchange; and services to acquire aluminum, copper, or nickel of russian federation origin, as part of the physical settlement of a derivative contract (collectively, “covered metals acquisition services”). this determination does not apply to services related to aluminum, copper, or nickel of russian federation origin that was produced prior to april 13, 2024. see faqs 1169, 1170, 1128, 1019, and faq 1058 for more information. released on april 12, 2024 the metals services determination prohibits the exportation, reexportation, sale, or supply, directly or indirectly, from the united states, or by a united states person, wherever located, of the following categories of services to any person located in the russian federation: warranting services for aluminum, copper, or nickel of russian federation origin on a global metal exchange; and services to acquire aluminum, copper, or nickel of russian federation origin as part of the physical settlement of a derivative contract (collectively, “covered metals acquisition services”). this determination does not apply to services related to aluminum, copper, or nickel of russian federation origin that was produced prior to april 13, 2024. to ensure compliance with the metals services determination, u.s. global metal exchanges should not accept aluminum, copper, or nickel of russian federation origin produced on or after april 13, 2024 (“covered russian metals”). u.s. global metal exchanges can further comply with the metal services determination by halting the warranting of covered russian metals on the exchange; removing brands that produce covered russian metals from their list of accepted brands; abstaining from adding additional brands of covered russian metals to their list of accepted brands; ceasing providing clearing services for covered russian metals; and halting acting as a central counterparty to the trade of covered russian metals. u.s. persons are also prohibited from providing services to acquire covered russian metals as part of a physically settled derivative contract (i.e., the expiration of the contract results in a transfer of ownership of the physical commodity, as opposed to a cash settled derivatives contract in which the derivative expires directly into cash on the maturity date of the trade). in addition, a u.s. trader that is a counterparty to a derivative contract cannot take physical delivery of covered russian metals when it comes time to settle that contract, even if the importation of the metal would not be into the united states. as noted above, the metals services determination does not impose any prohibitions on services related to aluminum, copper, or nickel of russian federation origin that was produced prior to april 13, 2024. for example, aluminum, copper, and nickel of russian federation origin that is already warranted as of april 13, 2024 on a global metal exchange can continue to be traded, and new warranting and trading can continue for aluminum, copper, and nickel of russian federation origin that was produced prior to april 13, 2024, including through new derivatives contracts. market participants and traders may reasonably rely on the certificate of analysis and certificate of origin of the relevant russian metal, or other documentation available to them in the ordinary course of business, with respect to the date of production, but should exercise caution if they have reason to believe such documentation has been falsified or is otherwise erroneous. released on april 12, 2024 for the purposes of the metals import determination and the metals services determination, ofac anticipates publishing regulations defining “aluminum,” “nickel,” and “copper” to include articles or products defined at the following harmonized tariff schedule of the united states (htsus) chapter headings: released on april 12, 2024 no. faq 1019 clarifies that, for purposes of e.o. 14068, as amended by e.o. 14114, and the metals services determination, the term “russian federation origin” excludes “any russian federation origin good that has been incorporated or substantially transformed into a foreign made product.” released on april 12, 2024 no. the processing, clearing, or sending of payments related to russian metals by a u.s. bank on behalf of non u.s. persons is not prohibited by the metals services determination where the bank: (1) is operating solely as an intermediary; and (2) does not have any direct relationship with the person providing a service covered by the metals services determination (i.e., the person is a non account party) as it relates to the relevant transaction. thus, the metals services determination does not impose any new prohibitions or requirements relating to the processing, clearing, or sending of payments by intermediary banks. note that the above does not authorize u.s. banks to themselves provide any of the services prohibited by the metals services determination indirectly or directly to a person located in the russian federation with respect to aluminum, copper, or nickel of russian federation origin. released on april 12, 2024 in line with g7 commitments and in response to the government of the russian federation’s continued efforts to reorient its economy and government resources to support its war effort, treasury has updated its definition of russia’s military industrial base to include all persons blocked pursuant to e.o. 14024. this updated definition reflects russia’s reorientation of its economy and government resources to support its war. this action means that ffis risk being sanctioned for conducting or facilitating any significant transaction or transactions or for providing any service involving a person blocked pursuant to e.o. 14024. as updated in faq 1151, russia’s military industrial base includes all persons blocked pursuant to e.o. 14024, as well as any person operating in the technology, defense and related materiel, construction, aerospace, and manufacturing sectors of the russian federation economy (and other sectors as may be determined pursuant to e.o. 14024). for definitions of those identified sectors, see faq 1126. russia’s military industrial base may also include individuals and entities that support the sale, supply, or transfer, directly or indirectly, of critical items identified pursuant to subsection 11(a)(ii) of e.o. 14024 to the russian federation. see determination of december 22, 2023 pursuant to subsection 11(a)(ii) of executive order 14024 (russia critical items determination). ofac has also updated its advisory to foreign banks on russia sanctions risks to provide additional guidance for ffis. for additional information, see faqs 1147, 1148, 1149, 1150, 1151, 1152, and 1182. released on june 12, 2024 treasury remains focused on counteracting activity that involves sanctions evasion or third country support to russia's military industrial base. at the same time, legitimate humanitarian activity and agricultural and medical trade are not the target of our sanctions. accordingly, ffis may continue to conduct or facilitate any transaction(s) or provide any service related to activities that are otherwise authorized or exempted under the russian harmful foreign activities sanctions program. foreign persons do not risk the imposition of sanctions for engaging in transactions authorized for u.s. persons under general licenses issued under the russian harmful foreign activities sanctions program. ffis may continue to rely on treasury's existing authorizations in place for transactions related to agricultural commodities, medicine, medical devices and related replacement parts, components, or software updates, the coronavirus disease 2019 (general license (gl) 6d), certain civil nuclear energy related transactions (gl 115a), certain transactions in support of non governmental organizations (gl 27), official business of third country diplomatic or consular missions located in the russian federation (gl 20), certain transactions and official business of certain international organizations and entities by employees, grantees, or contractors thereof (31 cfr 587.510). additionally, the importation or exportation of information or informational materials and transactions ordinarily incident to travel to or from any country are exempt under the international emergency economic powers act (ieepa). see ofac's advisory to foreign banks on russia sanctions risks for additional guidance. date updated: january 10, 2025 released on june 12, 2024 on june 12, 2024, ofac issued russia related general licenses (gls) gl 99, gl 100, and amended gl 8j, authorizing certain transactions involving moex, ncc, nsd, or any entity in which one of these entities owns, directly or indirectly, individually or in the aggregate, a 50 percent or greater interest (collectively, "the blocked entities"). gl 99 authorizes the wind down of transactions involving the blocked entities, as well as certain transactions related to the divestment to non u.s. persons of debt or equity issued or guaranteed by, or derivative contracts involving, the blocked entities. for example, gl 99 would authorize a u.s. person to divest their equity in moex to a non blocked non u.s. person. this authorization expired at 12:01 a.m. eastern daylight time august 13, 2024. see gl 99 for more information. gl 100 authorizes certain transactions for the divestment to non blocked, non u.s. persons of debt or equity, or for the conversion of currencies, involving one or more of the blocked entities solely as a securities, trade, or settlement depository, central counterparty or clearing house, or public trading market. gl 100 is intended to cover the divestment of debt or equity of non blocked companies that may be traded on or through one of the blocked entities in their capacity as a securities, trade, or settlement depository, central counterparty or clearing house, or public trading market. for example, gl 100 would authorize a u.s. person to divest their equity in a non blocked russian company that is being traded on moex to a non blocked, non u.s. person. this example would be distinct from the divestment of equity in moex itself, which would be covered by gl 99. gl 100 would also authorize u.s. persons to transact with one of the blocked entities to the extent ordinarily incident and necessary to convert u.s. dollars to another currency, or vice versa. this authorization expired at 12:01 a.m. eastern daylight time august 13, 2024. see gl 100 for more information. gl 8l authorizes certain transactions related to energy involving ncc. see faq 976 for more information. on january 10, 2025, ofac issued amended gl 8l to authorize the wind down of transactions related to energy involving certain russian financial institutions sanctioned pursuant to e.o. 14024 through 12:01 a.m. eastern daylight time, march 12, 2025. ofac also issued gl 115a to authorize transactions related to civil nuclear energy involving certain sanctioned russian financial institutions, including those listed in gl 8l. updated: january 10, 2025 released on june 12, 2024 in line with g7 efforts to disrupt russia’s defense industry’s reliance on western it systems, on june 12, 2024, treasury issued a determination that restricts the provision of certain it and software related services to russia. the determination, “prohibition on certain information technology and software services,” issued pursuant to executive order (e.o.) 14071 (the “it and software services determination”), prohibits the exportation, reexportation, sale, or supply, directly or indirectly, from the united states, or by a united states person, wherever located, to any person located in the russian federation of: (1) it consultancy and design services; and (2) it support services and cloud based services for the following categories of software: enterprise management software and design and manufacturing software (collectively, “covered software”). the it and software services determination will take effect at 12:01 a.m. eastern daylight time on september 12, 2024. see faqs 1185, 1186, 1187, and 1188 for additional information. the aim of this action is not to prohibit all activity relating to the provision of it and software related services to russia. the united states strongly supports the free flow of information and communications globally as facilitated by telecommunications and the internet. these measures do not prohibit internet access or the delivery of internet based communications services. treasury already has in place general license (gl) 25d, which authorizes certain transactions ordinarily incident and necessary to the receipt or transmission of telecommunications involving the russian federation and the provision of certain services incident to the exchange of communications over the internet, subject to certain restrictions. for additional information, see faq 1040. treasury has also amended gl 6d to authorize transactions related to certain agricultural and medical activities involving the provision of information technology and software related services. additionally, the importation from any country, or the exportation to any country of any information or informational materials, regardless of format or medium, is generally exempt from the scope of sanctions prohibitions under the international emergency economic powers act. see 50. u.s.c. § 1702(b)(3). in addition, the it and software services determination does not prohibit the following it and software services, which are excluded from its scope: (1) any service to an entity located in the russian federation that is owned or controlled, directly or indirectly, by a united states person; (2) any service in connection with the wind down or divestiture of an entity located in the russian federation that is not owned or controlled, directly or indirectly, by a russian person; and (3) any service for software that would be eligible for a license exception or otherwise authorized for export or reexport to russia by the department of commerce. released on june 12, 2024 it consultancy and design services include the development and implementation of software, as well as assistance or advice relating to the development and implementation of software, including the supply and installation of bespoke software. however, the retail sale of off the shelf software, falling under united nations’ central product classification (cpc) code 63252, is not included in the scope of it consultancy and design services. it consultancy and design services are distinct from information technology (it) support services, which fall under united nations’ cpc code 83132. see faq 1187 for more information on how ofac intends to define “it consultancy and design services.” see faq 1186 for a description of prohibited “it support services” and “cloud based services” for enterprise management software and design and manufacturing software. the following are examples of activities that would be prohibited by the it and software services determination if such services were provided to a company located in the russian federation that is not owned or controlled directly or indirectly by a u.s. person (russian company): the following are examples of activities that would not be prohibited by the it and software services determination: some of these activities   such as the sale of off the shelf software   may be subject to other federal laws or requirements of other federal agencies, including export, reexport, and transfer (in country) license requirements maintained by the department of commerce’s bureau of industry and security under the export administration regulations, 15 cfr parts 730 774 (ear). released on june 12, 2024 the it and software services determination prohibits the exportation, reexportation, sale, or supply, directly or indirectly, from the united states, or by a united states person, wherever located, of both it support services and cloud based services for the covered software to a person located in the russian federation. it support services include the provision of technical expertise to solve problems for the client in using software, hardware, or an entire computer system. cloud based services include the supply of software and associated services via the internet or the cloud, including through software as a service (saas). see faq 1187 for more information on how ofac intends to define “enterprise management software,” “design and manufacturing software,” “cloud based services,” and “information technology support services.” the following are examples of activities that would be prohibited by the it and software services determination if such services were provided to a company located in the russian federation that is not owned or controlled directly or indirectly by a u.s. person (russian company): the following are examples of activities that would not be prohibited by the it and software services determination: the it and software services determination complements regulations to be issued by the u.s. department of commerce bureau of industry and security (bis) pertaining to the export, reexport, or transfer (in country) to the russian federation of the following types of software subject to the export administration regulations, 15 cfr part 730 774 (ear): enterprise resource planning (erp); customer relationship management (crm); business intelligence (bi); supply chain management (scm); enterprise data warehouse (edw); computerized maintenance management system (cmms); project management software, product lifecycle management (plm); building information modelling (bim); computer aided design (cad); computer aided manufacturing (cam); and engineering to order (eto). see general license (gl) 25d for more information about certain authorizations for transactions relating to the receipt or transmission of telecommunications involving the russian federation and the provision of certain services incident to the exchange of communications over the internet. see gl 6d for more information on authorizations for transactions related to certain agricultural and medical activities involving the provision of information technology and software related services. as noted in faq 1185, some of these activities may be subject to other federal laws or requirements of other federal agencies, including export, reexport, and transfer (in country) licensing requirements maintained by the bis under the ear. released on june 12, 2024 ofac expects to promulgate regulations that define or interpret these terms as follows: the term enterprise management software means the following types of software: enterprise resource planning (erp), customer relationship management (crm), business intelligence (bi), supply chain management (scm), enterprise data warehouse (edw), computerized maintenance management system (cmms), project management, and product lifecycle management (plm) software. the term design and manufacturing software means the following types of software: building information modelling (bim), computer aided design (cad), computer aided manufacturing (cam), and engineer to order (eto) software. the term cloud based services includes the delivery of software via the internet or over the cloud, including through software as a service (saas), or saas cloud services in relation to such software. the term information technology support services is defined consistent with the united nations’ central product classification (cpc) code 83132 to include: the term information technology consultancy and design services includes both it consulting services and it design and development services for applications, and is defined consistent with united nations’ central product classification (cpc) codes 83131 and 83141, respectively. released on june 12, 2024 no, provided that the provision of services is not an indirect export to a person located in the russian federation. for the purposes of the it and software services determination, ofac interprets the “indirect” provision of the prohibited services to include when the benefit of the services is ultimately received by a “person located in the russian federation.” in contrast, ofac would not consider to be prohibited the provision of services to a third country company that is located outside of russia, including such a company owned or controlled by persons located in the russian federation, provided that the services will not be further exported or reexported to persons located in the russian federation. for example, the following scenarios describe services that would be prohibited under the it and software services determination: the following scenarios illustrate services to a non russian subsidiary of a russian person that would not be prohibited under the it and software services determination: released on june 12, 2024 treasury issued two general licenses (gls), gl 103 and gl 104, authorizing certain transactions with respect to certain diamonds and diamond jewelry that would otherwise be prohibited by e.o. 14068 in “prohibitions related to imports of certain categories of diamonds” (the “diamonds determination”) and “prohibitions related to the imports of diamond jewelry and unsorted diamonds of russian federation origin and diamond jewelry and unsorted diamonds exported from the russian federation” (the “diamond jewelry and unsorted diamonds determination”). general license 103 authorizes the importation into the united states of diamond jewelry if that jewelry was physically located outside of the russian federation before, and not exported or reexported from the russian federation since, march 01, 2024. this means that the importation ban issued pursuant to the diamond jewelry and unsorted diamonds determination under e.o. 14068 no longer applies to diamond jewelry that was located outside of russia and not exported or reexported from russia since march 01, 2024. general license 104 authorizes through september 01, 2025 the importation into the united states of non industrial diamonds, substantially transformed into other products outside of the russian federation, with a weight of 1.0 carat or greater, if those diamonds were physically located outside of the russian federation before, and not exported or reexported from the russian federation since, march 01, 2024. gl 104 also authorizes the importation into the united states of non industrial diamonds, substantially transformed into other products outside of the russian federation, with a weight of 0.5 carats or greater if those diamonds were physically located outside of the russian federation before, and not exported or reexported from the russian federation since, september 01, 2024. this means that, for non industrial diamonds that meet these parameters, the importation ban issued pursuant to the diamonds determination under e.o. 14068 no longer applies. released on august 23, 2024 the it and software services determination includes an exception for services related to software subject to the ear, where: the export to russia of such software is authorized or licensed by the department of commerce (commerce); or where such software is not subject to the ear and where the export of such software would be eligible for a license exception or otherwise authorized by commerce if it were subject to the ear. it consultancy and design services for such software or it support services and cloud based services for such software are excluded from the scope of the it and software services determination. this means that u.s. persons can continue to provide, for example, it support services and cloud based services, including software as a service (saas), for enterprise management software and design and manufacturing software (collectively, “covered software”), if such software is or would be authorized or licensed by commerce. this exclusion includes providing such it support and cloud based services for the covered software that is excluded by commerce from license requirements in 15 cfr 746.8(a)(12), including for exports, reexports, or transfers (in country) to certain civil end users that are wholly owned subsidiaries, branches, sales offices, or joint ventures of companies headquartered in the united states or countries from country group a:5 and a:6 in supplement no. 1 to part 740 of the ear. see 15 cfr 746.8(a)(12)(ii). commerce’s amended regulations come into effect on september 16, 2024. for guidance on whether specific software is excluded by commerce for the purposes of the it and software services determination, please consult with commerce’s bureau of industry and security (bis). released on september 12, 2024 yes, as long as the services provided are within the employees’ or contractors’ scope of employment for or on behalf of the u.s. subsidiary company located in russia. for additional information on the it and software services determination, see faqs 1184   1188, and faq 1192. released on september 24, 2024 no. the scope of the exclusion applies only to u.s. owned or controlled entities located in russia and their employees and contractors acting within the scope of their employment. see faq 1193. a u.s. person may not provide a service prohibited by the it and software services determination to a person located in russia who is working as an employee or contractor on behalf of a third country company. ofac may issue specific licenses on a case by case basis. to apply for a specific license, please go to our licensing application page. for additional information on the it and software services determination, see faqs 1184   1188, and faq 1192. released on september 24, 2024 no. the scope of the exclusion applies only to u.s. owned or controlled entities located in russia, and their employees and contractors acting within the scope of their employment. see faq 1193. a u.s. person may not provide a service prohibited by the it and software services determination to a person located in russia who is working directly for a company located in the united states. ofac may issue specific licenses on a case by case basis. to apply for a specific license, please go to our licensing application page. for additional information on the it and software services determination, see faqs 1184   1188, and faq 1192. released on september 24, 2024 yes. on june 12, 2024, ofac designated the national settlement depository (nsd), along with the moscow exchange (moex) and the national clearing center (ncc) pursuant to executive order (e.o.) 14024 for operating or having operated in the financial services sector of the russian federation economy. as noted in the accompanying press release, russia has reoriented the architecture of its financial system to facilitate investment into its defense industry and acquisition of goods needed to further its aggression against ukraine. alongside this designation, ofac issued, and subsequently extended, two general licenses (gls) to allow for the wind down of certain transactions involving nsd, moex, and ncc, and the divestment of securities held at nsd, among other authorized activities. following the expiration of russia related gls 99a and 100a, any securities in the possession or control of u.s. persons that are held at nsd should be treated as blocked, and dividends or other income received via nsd should be treated as blocked. a version of this faq released on october 10, 2024 provided guidance that the russian federation has attempted to take action to evade or avoid ofac sanctions on nsd via presidential decree 840 by requiring the transfer of certain securities to local russian registrars. this faq cautioned that such transfers may be considered null and void pursuant to ofac's regulations (see 31 cfr § 587.202), and that ofac understands that these transactions may involve other blocked persons, including certain local russian registrars. this faq also noted that the general licenses did not authorize transactions involving any blocked person other than those identified in the authorizations, and that any transfer made in violation of ofac sanctions is null and void. as such, ofac cautioned that u.s. persons should continue to treat these securities as blocked. on november 21, 2024, ofac designated more than 40 local russian registrars pursuant to e.o. 14024. as such, any securities in the possession or control of u.s. persons that are held at these registrars should be treated as blocked, and dividends or any income received via these registrars should be treated as blocked. any u.s. persons who have already filed initial blocking reports on such securities do not need to file amended reports solely due to a change in local russian registrar and can use their annual reports of blocked property to reflect any updated information if necessary. date updated: november 21, 2024 released on october 10, 2024 yes. as a general matter, humanitarian trade is not the target of u.s. sanctions. ofac has issued russia related general license (gl) 6d, which authorizes, among other things, certain transactions related to the production, manufacturing, sale, transport, or provision of medicine and medical devices. u.s. persons may continue to engage in authorized transactions involving shreya under gl 6d. additionally, non u.s. persons generally would not face sanctions risk for engaging in transactions authorized for u.s. persons under general licenses issued pursuant to the russian harmful foreign activities sanctions program. for further information, please review the ofac food security fact sheet: russia sanctions and agricultural trade. released on october 30, 2024 the office of foreign assets control (ofac) has issued several authorizations related to u.s. and third country diplomatic or consular missions operating in or outside of russia and russian diplomatic or consular missions operating abroad. russian diplomatic or consular missions, wherever located: russia related general license (gl) 53a authorizes, subject to certain conditions, u.s. persons to engage in all transactions ordinarily incident and necessary to the official business of diplomatic or consular missions of the government of the russian federation where the transactions are prohibited by executive order (e.o.) 14024 and involve gazprombank, or any entity in which gazprombank owns, directly or indirectly, a 50 percent or greater interest, or are prohibited by directive 4 under e.o. 14024, "prohibitions related to transactions involving the central bank of the russian federation, the national wealth fund of the russian federation, and the ministry of finance of the russian federation." u.s. diplomatic or consular missions in russia: the russian harmful foreign activities sanctions regulations, 31 cfr part 587 (ruhsr), authorize all transactions prohibited by the ruhsr that are for the conduct of the official business of the united states government by employees, grantees, or contractors thereof. (see § 587.509). this authorization extends to the official business of u.s. diplomatic or consular missions. additionally, e.o. 14024 exempts transactions for the official business of the united states government conducted by its employees, grantees, and contractors from the prohibitions of the order. third country diplomatic or consular missions in russia: russia related gl 20 authorizes, subject to certain conditions, u.s. persons to engage in all transactions ordinarily incident and necessary to the official business of third country diplomatic or consular missions located in the russian federation that are prohibited by e.o. 14024 or section 1(a)(iv) of e.o. 14068. third country diplomatic or consular mission outside of russia: russia related general license (gl) 119 authorizes, subject to certain conditions, all transactions ordinarily incident and necessary to the official business of diplomatic or consular missions located outside of the russian federation that are prohibited by e.o. 14024 and involve gazprom neft, or any entity in which gazprom neft owns, directly or indirectly, a 50 percent or greater interest through 12:01 a.m. eastern standard time, february 27, 2025. as a general matter, transactions that are "ordinarily incident and necessary" to the official business of a diplomatic or consular mission, whether third country or russian, include standard foreign diplomatic or consular mission operations, including bank transactions related to the operation of those missions, such as salary payments, expense reimbursement for employees, or payments of utilities for diplomatic or consular facilities. date updated: january 10, 2025 released on november 21, 2024 no. treasury's sanctions target russian financial institutions that have continued to help russia gain access to the critical goods it needs to prosecute its war in ukraine. as a general matter, personal, non commercial remittances are not the target of sanctions imposed by the united states on russia. there remain a number of non sanctioned russian banks, subsidiaries of foreign banks, and money service businesses that can continue to process legitimate transactions, including non commercial, personal remittances. u.s. and foreign financial institutions may continue to process transactions for activities, such as the facilitation of personal non commercial remittances, that do not involve blocked persons and are not otherwise prohibited by ofac. in addition, ofac maintains various authorizations related to legitimate humanitarian activity and agricultural and medical trade, which include authorizations for dealings with certain sanctioned russian financial institutions, such as general license (gl) 6d (authorizing transactions related to certain agricultural and medical activities); u.s. and foreign financial institutions may continue to process transactions for such authorized activities as well. released on november 21, 2024 gl 115a generally authorizes certain transactions related to civil nuclear energy involving certain entities that are sanctioned pursuant to executive order 14024. civil nuclear energy means the following activities when undertaken solely to maintain or support civil nuclear energy projects and operations initiated or under construction as of november 21, 2024: the extraction, production, refinement, conversion, enrichment, fabrication, transport, or purchase of uranium in any form; the production, generation, transmission, or exchange of nuclear power, fuel, or waste; and the operation of civil nuclear energy projects. however, gl 115a does not authorize, for instance, transactions involving certain sanctioned russian financial institutions related to the development of new civil nuclear energy power plants after november 21, 2024, or related to the paks ii nuclear power plant project, including paks ii. nuclear power plant private limited company (paks ii. ltd.), or any successor project. non u.s. persons generally do not risk exposure to u.s. sanctions for engaging in transactions with blocked persons, including transactions related to existing civil nuclear energy as described in gl 115a, where those transactions would not require a specific license if engaged in by a u.s. person. updated: january 10, 2025 released on december 18, 2024 yes. although transactions or other dealings involving ivanishvili are generally prohibited as a result of ofac's designation, ofac concurrently issued general license (gl) 116 authorizing u.s. persons to engage in all transactions with any entity owned 50% or more by ivanishvili provided that such entity is not identified on the sdn list. non u.s. persons may also engage in the transactions authorized by gl 116 without the risk of sanctions under e.o. 14024, as amended. however, u.s. persons are still prohibited from transacting with ivanishvili himself unless exempt or otherwise authorized by ofac. additionally, as provided in paragraph (b), gl 116 does not authorize certain transactions, including transactions related to the singapore court of appeal case or related proceedings as specified in paragraph (b)(3) of the gl. released on december 27, 2024 on january 10, 2025, the secretary of the treasury, in consultation with the secretary of state, issued a determination pursuant to e.o. 14024 that authorizes the imposition of economic sanctions on any person determined to operate or have operated in the energy sector of the russian federation economy. for purposes of the january 2025 energy sector determination, ofac anticipates publishing regulations defining the term "energy sector of the russian federation economy" to include activities such as the procurement, exploration, extraction, drilling, mining, harvesting, production, refinement, liquefaction, gasification, regasification, conversion, enrichment, fabrication, manufacturing, testing, financing, distribution, purchase or transport to, from, or involving the russian federation, of petroleum, including crude oil, lease condensates, unfinished oils, natural gas, liquefied natural gas, natural gas liquids, or petroleum products, or other products capable of producing energy, such as coal, wood, or agricultural products used to manufacture biofuels; the development, production, testing, generation, transmission, financing, or exchange of power, through any means, including nuclear, electrical, thermal, and renewable, to, from, or involving the russian federation; and any related activities, including the provision or receipt of goods, services, or technology to, from, or involving the energy sector of the russian federation economy. this definition is similar to the energy sector definition set forth under the ukraine /russia related sanctions in 31 cfr 589.311 but includes additional language identifying specific activities and petroleum products, reflecting developments since the department of the treasury issued a determination pursuant to section 1(a)(i) of executive order 13662 on july 16, 2014. ofac intends to update the sdn list to reflect whether persons have been designated pursuant to e.o. 14024, e.o. 13662, or both. released on january 10, 2025 no. on january 10, 2025, the secretary of the treasury, in consultation with the secretary of state, issued a determination pursuant to e.o. 14024 that authorizes the imposition of economic sanctions on any person determined to operate or have operated in the energy sector of the russian federation economy. a sector determination pursuant to e.o. 14024 exposes persons that operate or have operated in an identified sector to sanctions risk; however, a sector determination does not automatically impose sanctions on all persons who operate or have operated in the sector. released on january 10, 2025 gl 26 applies to transactions involving specified persons identified in the annex to gl 26, who are designated under both the ursr and the russian harmful foreign activities sanctions regulations, 31 cfr part 587 (ruhsr). the purpose of gl 26 is to ensure that transactions authorized or exempt under the ruhsr, including transactions authorized by a general or specific license, that involve those specified persons are also authorized under the ursr, to the extent such transactions are prohibited by executive order (e.o.) 13662. however, gl 26 does not authorize any transaction prohibited by a directive issued pursuant to e.o. 13662, as incorporated into sections 589.202 through 589.205 of the ursr, or any transaction involving any person blocked pursuant to the ruhsr or the ursr other than the specified persons, unless separately authorized. released on january 10, 2025 in line with g7 efforts to reduce russian revenues from energy, on january 10, 2025, treasury issued a determination pursuant to executive order (e.o.) 14071 prohibiting petroleum services to russia. see the determination pursuant to sections 1(a)(ii), 1(b), and 5 of e.o. 14071, prohibition on petroleum services ("the petroleum services determination"). this determination prohibits the exportation, reexportation, sale, or supply, directly or indirectly, from the united states, or by a united states person, wherever located, to any person located in the russian federation of petroleum services. the petroleum services determination will take effect at 12:01 a.m. eastern standard time on february 27, 2025. see faq 1217 for additional information. ofac expects to issue regulations defining petroleum services to include services related to the exploration, drilling, well completion, production, refining, processing, storage, maintenance, transportation, purchase, acquisition, testing, inspection, transfer, sale, trade, distribution, or marketing of petroleum, including crude oil and petroleum products, as well as any activities that contribute to russia’s ability to develop its domestic petroleum resources, or the maintenance or expansion of russia’s domestic production and refining. this would include services related to natural gas as a byproduct of oil production in russia. concurrently, ofac issued gl 121 to authorize any petroleum services that would otherwise be prohibited by the petroleum services determination related to the operations of the caspian pipeline consortium, sakhalin ii, or tengizchevroil, (2) any petroleum services related to isotopes derived from petroleum manufacturing that are used for medical, agricultural, or environmental purposes, such as carbon 13; (3) certain covered services related to the maritime transport of crude oil and petroleum products of russian federation origin purchased at or below the relevant price cap; and (4) any service in connection with the wind down or divestiture of an entity located in the russian federation that is not owned or controlled, directly or indirectly, by a russian person. see faq 1217 for additional information related to price cap related exclusions of the petroleum services determination. released on january 10, 2025 yes, as long as the provision of services does not involve an entity blocked pursuant to e.o. 14024 and is not otherwise prohibited by ofac sanctions. the price cap policy does not authorize transactions otherwise prohibited by the russian harmful foreign activities sanctions regulations, 31 cfr part 587 (ruhsr), including transactions involving any person blocked pursuant to the ruhsr, unless separately authorized. for more information on the price cap policy, please see ofac's price cap policy guidance. see faq 1216 for more information on the determination pursuant to sections 1(a)(ii), 1(b), and 5 of e.o. 14071, prohibition on petroleum services. see faqs 1213 and 1214 for more information on the january 2025 energy sector determination, issued pursuant to e.o. 14024. released on january 10, 2025

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frontline strength (22 june 1941) frontline strength (22 june 1941) total military casualties:1,000,000+[d] according to german army medical reports (including army norway):[16] other involved country losses total military casualties:4,500,000 based on soviet archives:[24] phase 1 phase 2 phase 3 phase 4 air war operation barbarossa[g] was the invasion of the soviet union by nazi germany and several of its european axis allies starting on 22 june 1941, during world war ii. more than 3.8 million axis troops invaded the western soviet union along a 2,900 kilometer (1,800 mi) front, with the main goal of capturing territory up to a line between arkhangelsk and astrakhan (a a line). the attack became the largest and costliest military offensive in history, with around 10 million combatants taking part in the opening phase[26] and over 8 million casualties by the end of the operation on 5 december 1941.[27][28] it marked a major escalation of world war ii, opening the eastern front the largest and deadliest land theatre of war in history and bringing the soviet union into the allied powers. the operation, code named after the holy roman emperor frederick barbarossa ("red beard"), put into action nazi germany's ideological goals of eradicating communism and conquering the western soviet union to repopulate it with germans under generalplan ost, which planned for the extermination of the native slavic peoples by mass deportation to siberia, germanisation, enslavement, and genocide.[29][30] the material targets of the invasion were the agricultural and mineral resources of territories such as ukraine and byelorussia and oil fields in the caucasus. the axis eventually captured five million soviet red army troops on the eastern front[31] and deliberately starved to death or otherwise killed 3.3 million prisoners of war, as well as millions of civilians.[32] mass shootings and gassing operations, carried out by german paramilitary death squads and collaborators,[h] murdered over a million soviet jews as part of the holocaust.[34] in the two years leading up to the invasion, nazi germany and the soviet union signed political and economic pacts for strategic purposes. following the soviet occupation of bessarabia and northern bukovina in july 1940, the german high command began planning an invasion of the country, which was approved by adolf hitler in december. in early 1941, soviet leader joseph stalin, despite receiving intelligence about an imminent attack, did not order a mobilization of the red army, fearing that it might provoke germany. as a result, soviet forces were largely caught unprepared when the invasion began, with many units positioned poorly and understrength. the invasion began on 22 june 1941 with a massive ground and air assault, resulting in large territorial gains for the nazis and their allies. the main part of army group south invaded from occupied poland on 22 june and on 2 july was joined by a combination of german and romanian forces attacking from romania. kiev was captured on 19 september, which was followed by the captures of kharkov on 24 october and rostov on don on 20 november, by which time most of crimea had been captured. army group north overran the baltic lands and on 8 september 1941, began a siege of leningrad accompanied by finnish forces, which ultimately lasted until 1944. army group centre, the strongest of the three, captured smolensk in late july 1941 before beginning its drive on moscow on 2 october. facing logistical problems with supply, slowed by muddy terrain, not fully outfitted for russia's brutal winter, and coping with determined soviet resistance, army group center's offensive stalled at the city's outskirts by 5 december, at which point the soviets began a major counteroffensive. the failure of operation barbarossa reversed the fortunes of nazi germany.[35] operationally, it achieved significant victories and occupied some of the most important economic regions of the soviet union, captured millions of prisoners, and inflicted heavy casualties. the german high command anticipated a quick collapse of resistance as in the invasion of poland, but instead the red army absorbed the german wehrmacht's strongest blows and bogged it down in a war of attrition for which germany was unprepared. following the heavy losses and logistical strain of barbarossa, german forces could no longer attack along the entire front, and their subsequent operations such as case blue in 1942 and operation citadel in 1943 ultimately failed..mw parser output .toclimit 2 .toclevel 1 ul,.mw parser output .toclimit 3 .toclevel 2 ul,.mw parser output .toclimit 4 .toclevel 3 ul,.mw parser output .toclimit 5 .toclevel 4 ul,.mw parser output .toclimit 6 .toclevel 5 ul,.mw parser output .toclimit 7 .toclevel 6 ul{display:none} the theme of barbarossa had long been used by the nazi party as part of their political imagery, though this was really a continuation of the glorification of the famous crusader king by german nationalists since the 19th century. according to a germanic medieval legend, revived in the 19th century by the nationalistic tropes of german romanticism, the holy roman emperor frederick barbarossa who drowned in asia minor while leading the third crusade was not dead but asleep, along with his knights, in a cave in the kyffhäuser mountains in thuringia, and would awaken in the hour of germany's greatest need and restore the nation to its former glory.[36] originally, the invasion of the soviet union was codenamed operation otto (alluding to holy roman emperor otto the great's expansive campaigns in eastern europe),[37] but hitler had the name changed to operation barbarossa in december 1940.[38] hitler had in july 1937 praised barbarossa as the emperor who first expressed germanic cultural ideas and carried them to the outside world through his imperial mission.[39] for hitler, the name barbarossa signified his belief that the conquest of the soviet union would usher in the nazi "thousand year reich".[39] as early as 1925, adolf hitler vaguely declared in his political manifesto and autobiography mein kampf that he would invade the soviet union, asserting that the german people needed to secure lebensraum ('living space') to ensure the survival of germany for generations to come.[40] on 10 february 1939, hitler told his army commanders that the next war would be "purely a war of weltanschauungen ['worldviews']... totally a people's war, a racial war". on 23 november, once world war ii had already started, hitler declared that "racial war has broken out and this war shall determine who shall govern europe, and with it, the world".[41] the racial policy of nazi germany portrayed the soviet union (and all of eastern europe) as populated by non aryan untermenschen ('sub humans'), ruled by jewish bolshevik conspirators.[42] hitler claimed in mein kampf that germany's destiny was to follow the drang nach osten ('turn to the east') as it did "600 years ago" (see ostsiedlung).[43] accordingly, it was a partially secret but well documented nazi policy to kill, deport, or enslave the majority of russian and other slavic populations and repopulate the land west of the urals with germanic peoples, under generalplan ost (general plan for the east).[44] the nazis' belief in their ethnic superiority pervades official records and pseudoscientific articles in german periodicals, on topics such as "how to deal with alien populations."[45] while older histories tended to emphasize the myth of the "clean wehrmacht," upholding its honor in the face of hitler's fanaticism, the historian jürgen förster notes that "in fact, the military commanders were caught up in the ideological character of the conflict, and involved in its implementation as willing participants".[41] before and during the invasion of the soviet union, german troops were indoctrinated with anti bolshevik, anti semitic and anti slavic ideology via movies, radio, lectures, books, and leaflets.[46] likening the soviets to the forces of genghis khan, hitler told the croatian military leader slavko kvaternik that the "mongolian race" threatened europe.[47] following the invasion, many wehrmacht officers told their soldiers to target people who were described as "jewish bolshevik subhumans," the "mongol hordes," the "asiatic flood" and the "red beast."[48] nazi propaganda portrayed the war against the soviet union as an ideological war between german national socialism and jewish bolshevism and a racial war between the disciplined germans and the jewish, romani and slavic untermenschen.[49] an 'order from the führer' stated that the paramilitary ss einsatzgruppen, which closely followed the wehrmacht's advance, were to execute all soviet functionaries who were "less valuable asiatics, gypsies and jews."[50] six months into the invasion of the soviet union, the einsatzgruppen had murdered more than 500,000 soviet jews, a figure greater than the number of red army soldiers killed in battle by then.[51] german army commanders cast jews as the major cause behind the "partisan struggle."[52] the main guideline for german troops was "where there's a partisan, there's a jew, and where there's a jew, there's a partisan" or "the partisan is where the jew is."[53][54] many german troops viewed the war in nazi terms and regarded their soviet enemies as sub human.[55] after the war began, the nazis issued a ban on sexual relations between germans and foreign slaves.[56] there were regulations enacted against the ost arbeiter ('eastern workers') that included the death penalty for sexual relations with a german.[57] heinrich himmler, in his secret memorandum, reflections on the treatment of peoples of alien races in the east (dated 25 may 1940), outlined the nazi plans for the non german populations in the east.[58] himmler believed the germanisation process in eastern europe would be complete when "in the east dwell only men with truly german, germanic blood."[59] the nazi secret plan generalplan ost, prepared in 1941 and confirmed in 1942, called for a "new order of ethnographical relations" in the territories occupied by nazi germany in eastern europe. it envisaged ethnic cleansing, executions and enslavement of the populations of conquered countries, with very small percentages undergoing germanisation, expulsion into the depths of russia or other fates, while the conquered territories would be germanised. the plan had two parts, the kleine planung ('small plan'), which covered actions to be taken during the war and the große planung ('large plan'), which covered policies after the war was won, to be implemented gradually over 25 to 30 years.[60] a speech given by general erich hoepner demonstrates the dissemination of the nazi racial plan, as he informed the 4th panzer group that the war against the soviet union was "an essential part of the german people's struggle for existence" (daseinskampf), also referring to the imminent battle as the "old struggle of germans against slavs" and even stated, "the struggle must aim at the annihilation of today's russia and must, therefore, be waged with unparalleled harshness."[61] hoepner also added that the germans were fighting for "the defence of european culture against moscovite asiatic inundation, and the repulse of jewish bolshevism ... no adherents of the present russian bolshevik system are to be spared." walther von brauchitsch also told his subordinates that troops should view the war as a "struggle between two different races and [should] act with the necessary severity."[62] racial motivations were central to nazi ideology and played a key role in planning for operation barbarossa since both jews and communists were considered equivalent enemies of the nazi state. nazi imperialist ambitions rejected the common humanity of both groups, declaring the supreme struggle for lebensraum to be a vernichtungskrieg ('war of annihilation').[63][41] on august 23, 1939, germany and the soviet union signed a non aggression pact in moscow known as the molotov ribbentrop pact.[64] a secret protocol to the pact outlined an agreement between germany and the soviet union on the division of the eastern european border states between their respective "spheres of influence," soviet union and germany would partition poland in the event of an invasion by germany, and the soviets would be allowed to overrun finland, estonia, latvia and the region of bessarabia.[65] on 23 august 1939 the rest of the world learned of this pact but were unaware of the provisions to partition poland.[66] the pact stunned the world because of the parties' earlier mutual hostility and their conflicting ideologies.[67] the conclusion of this pact was followed by the german invasion of poland on 1 september that triggered the outbreak of world war ii in europe, then the soviet invasion of poland that led to the annexation of the eastern part of the country.[68] as a result of the pact, germany and the soviet union maintained reasonably strong diplomatic relations for two years and fostered an important economic relationship. the countries entered a trade pact in 1940 by which the soviets received german military equipment and trade goods in exchange for raw materials, such as oil and wheat, to help the german war effort by circumventing the british blockade of germany.[69] despite the parties' ostensibly cordial relations, each side was highly suspicious of the other's intentions. for instance, the soviet invasion of bukovina in june 1940 went beyond their sphere of influence as agreed with germany.[70] after germany entered the axis pact with japan and italy, it began negotiations about a potential soviet entry into the pact.[71] after two days of negotiations in berlin from 12 to 14 november 1940, ribbentrop presented a draft treaty for a soviet entry into the axis.[72] however, hitler had no intention of allowing the soviet union into the axis and in an order stated, "political conversations designed to clarify the attitude of russia in the immediate future have been started. regardless of the outcome of these conversations, all preparations for the east previously ordered orally are to be continued. [written] directives on that will follow as soon as the basic elements of the army's plan for the operation have been submitted to me and approved by me."[72] there would be no "long term agreement with russia" given that the nazis intended to go to war with them; but the soviets approached the negotiations differently and were willing to make huge economic concessions to secure a relationship under general terms acceptable to the germans just a year before.[72] on 25 november 1940, the soviet union offered a written counter proposal to join the axis if germany would agree to refrain from interference in the soviet union's sphere of influence, but germany did not respond.[71] as both sides began colliding with each other in eastern europe, conflict appeared more likely, although they did sign a border and commercial agreement addressing several open issues in january 1941. according to historian robert service, joseph stalin was convinced that the overall military strength of the soviet union was such that he had nothing to fear and anticipated an easy victory should germany attack; moreover, stalin believed that since the germans were still fighting the british in the west, hitler would be unlikely to open up a two front war and subsequently delayed the reconstruction of defensive fortifications in the border regions.[73] when german soldiers swam across the bug river to warn the red army of an impending attack, they were shot as enemy agents.[74] some historians believe that stalin, despite providing an amicable front to hitler, did not wish to remain allies with germany. rather, stalin might have had intentions to break off from germany and proceed with his own campaign against germany to be followed by one against the rest of europe.[75] other historians contend that stalin did not plan for such an attack in june 1941, given the parlous state of the red army at the time of the invasion.[76] stalin's reputation as a brutal dictator contributed both to the nazis' justification of their assault and to their expectations of success, as stalin's great purge of the 1930s had executed many competent and experienced military officers, leaving red army leadership weaker than their german adversary. the nazis often emphasized the soviet regime's brutality when targeting the slavs with propaganda.[77] they also claimed that the red army was preparing to attack the germans, and their own invasion was thus presented as a pre emptive strike.[77] hitler also utilised the rising tension between the soviet union and germany over territories in the balkans as one of the pretexts for the invasion.[78] while no concrete plans had yet been made, hitler told one of his generals in june 1940 that the victories in western europe finally freed his hands for a "final showdown" with bolshevism.[79] with the successful end to the campaign in france, general erich marcks was assigned the task of drawing up the initial invasion plans of the soviet union. the first battle plans were entitled operation draft east (colloquially known as the marcks plan).[80] his report advocated the a a line as the operational objective of any invasion of the soviet union. this assault would extend from the northern city of arkhangelsk on the arctic sea through gorky and rostov to the port city of astrakhan at the mouth of the volga on the caspian sea. the report concluded that once established this military border would reduce the threat to germany from attacks by enemy bombers.[80] although hitler was warned by many high ranking military officers, such as friedrich paulus, that occupying western russia would create "more of a drain than a relief for germany's economic situation," he anticipated compensatory benefits such as the demobilisation of entire divisions to relieve the acute labour shortage in german industry, the exploitation of ukraine as a reliable and immense source of agricultural products, the use of forced labour to stimulate germany's overall economy and the expansion of territory to improve germany's efforts to isolate the united kingdom.[81] hitler was further convinced that britain would sue for peace once the germans triumphed in the soviet union,[82] and if they did not, he would use the resources gained in the east to defeat the british empire.[83] we only have to kick in the door and the whole rotten structure will come crashing down.[84] hitler received the final military plans for the invasion on 5 december 1940, which the german high command had been working on since july 1940, under the codename "operation otto." upon reviewing the plans, hitler formally committed germany to the invasion when he issued führer directive 21 on 18 december 1940, where he outlined the precise manner in which the operation was to be carried out.[85] hitler also renamed the operation to barbarossa in honor of medieval emperor friedrich i of the holy roman empire, a leader of the third crusade in the 12th century.[86] the barbarossa decree, issued by hitler on 30 march 1941, supplemented the directive by decreeing that the war against the soviet union would be one of annihilation and legally sanctioned the eradication of all communist political leaders and intellectual elites in eastern europe.[87] the invasion was tentatively set for may 1941. according to a 1978 essay by german historian andreas hillgruber, the invasion plans drawn up by the german military elite were substantially coloured by hubris, stemming from the rapid defeat of france at the hands of the "invincible" wehrmacht and by traditional german stereotypes of russia as a primitive, backward "asiatic" country.[i] red army soldiers were considered brave and tough, but the officer corps was held in contempt. the leadership of the wehrmacht paid little attention to politics, culture, and the considerable industrial capacity of the soviet union, in favour of a very narrow military view.[89] hillgruber argued that because these assumptions were shared by the entire military elite, hitler was able to push through with a "war of annihilation" that would be waged in the most inhumane fashion possible with the complicity of "several military leaders," even though it was quite clear that this would be in violation of all accepted norms of warfare.[89] even so, in autumn 1940, some high ranking german military officials drafted a memorandum to hitler on the dangers of an invasion of the soviet union. they argued that the eastern territories (ukrainian soviet socialist republic, the byelorussian soviet socialist republic, the estonian soviet socialist republic, the latvian soviet socialist republic, and the lithuanian soviet socialist republic) would only end up as a further economic burden for germany.[90] it was further argued that the soviets, in their current bureaucratic form, were harmless and that the occupation would not benefit germany politically either.[90] hitler, solely focused on his ultimate ideological goal of eliminating the soviet union and communism, disagreed with economists about the risks and told his right hand man hermann göring, the chief of the luftwaffe, that he would no longer listen to misgivings about the economic dangers of a war with the ussr.[91] it is speculated that this was passed on to general georg thomas, who had produced reports that predicted a net economic drain for germany in the event of an invasion of the soviet union unless its economy was captured intact and the caucasus oilfields seized in the first blow; thomas revised his future report to fit hitler's wishes.[91] the red army's ineptitude in the winter war against finland in 1939 40 also convinced hitler of a quick victory within a few months. neither hitler nor the general staff anticipated a long campaign lasting into the winter and therefore, adequate preparations such as the distribution of warm clothing and winterisation of important military equipment like tanks and artillery, were not made.[92] further to hitler's directive, göring's green folder, issued in march 1941, laid out the agenda for the next step after the anticipated quick conquest of the soviet union. the hunger plan outlined how entire urban populations of conquered territories were to be starved to death, thus creating an agricultural surplus to feed germany and urban space for the german upper class.[93] nazi policy aimed to destroy the soviet union as a political entity in accordance with the geopolitical lebensraum ideals for the benefit of future generations of the "nordic master race".[77] in 1941, nazi ideologue alfred rosenberg later appointed reich minister of the occupied eastern territories suggested that conquered soviet territory should be administered in the following reichskommissariate ('reich commissionerships'): german military planners also researched napoleon's failed invasion of russia. in their calculations, they concluded that there was little danger of a large scale retreat of the red army into the russian interior, as it could not afford to give up the baltic countries, ukraine, or the moscow and leningrad regions, all of which were vital to the red army for supply reasons and would thus, have to be defended.[96] hitler and his generals disagreed on where germany should focus its energy.[97][98] hitler, in many discussions with his generals, repeated his order of "leningrad first, the donbas second, moscow third;"[99] but he consistently emphasized the destruction of the red army over the achievement of specific terrain objectives.[100] hitler believed moscow to be of "no great importance" in the defeat of the soviet union[j] and instead believed victory would come with the destruction of the red army west of the capital, especially west of the western dvina and dnieper rivers, and this pervaded the plan for barbarossa.[102][103] this belief later led to disputes between hitler and several german senior officers, including heinz guderian, gerhard engel, fedor von bock and franz halder, who believed the decisive victory could only be delivered at moscow.[104] they were unable to sway hitler, who had grown overconfident in his own military judgment as a result of the rapid successes in western europe.[105] the germans had begun massing troops near the soviet border even before the campaign in the balkans had finished. by the third week of february 1941, 680,000 german soldiers were gathered in assembly areas on the romanian soviet border.[106] in preparation for the attack, hitler had secretly moved upwards of 3 million german troops and approximately 690,000 axis soldiers to the soviet border regions.[107] additional luftwaffe operations included numerous aerial surveillance missions over soviet territory many months before the attack.[108] although the soviet high command was alarmed by this, stalin's belief that nazi germany was unlikely to attack only two years after signing the molotov ribbentrop pact resulted in slow soviet preparation.[109] this fact aside, the soviets did not entirely overlook the threat of their german neighbor. well before the german invasion, marshal semyon timoshenko referred to the germans as the soviet union's "most important and strongest enemy," and as early as july 1940, the red army chief of staff, boris shaposhnikov, produced a preliminary three pronged plan of attack for what a german invasion might look like, remarkably similar to the actual attack.[110] since april 1941, the germans had begun setting up operation haifisch and operation harpune to substantiate their claims that britain was the real target. these simulated preparations in norway and the english channel coast included activities such as ship concentrations, reconnaissance flights and training exercises.[111] the reasons for the postponement of barbarossa from the initially planned date of 15 may to the actual invasion date of 22 june 1941 (a 38 day delay) are debated. the reason most commonly cited is the unforeseen contingency of invading yugoslavia and greece on 6 april 1941 until june 1941.[112] historian thomas b. buell indicates that finland and romania, which weren't involved in initial german planning, needed additional time to prepare to participate in the invasion. buell adds that an unusually wet winter kept rivers at full flood until late spring.[113][k] the floods may have discouraged an earlier attack, even if they occurred before the end of the balkans campaign.[115][l] the importance of the delay is still debated. william shirer argued that hitler's balkan campaign had delayed the commencement of barbarossa by several weeks and thereby jeopardised it.[117] many later historians argue that the 22 june start date was sufficient for the german offensive to reach moscow by september.[118][119][120][121] antony beevor wrote in 2012 about the delay caused by german attacks in the balkans that "most [historians] accept that it made little difference" to the eventual outcome of barbarossa.[122] the germans deployed one independent regiment, one separate motorised training brigade and 153 divisions for barbarossa, which included 104 infantry, 19 panzer and 15 motorised infantry divisions in three army groups, nine security divisions to operate in conquered territories, four divisions in finland[m] and two divisions as reserve under the direct control of okh.[124] these were equipped with 6,867 armoured vehicles, of which 3,350 3,795 were tanks, 2,770 4,389 aircraft (that amounted to 65 percent of the luftwaffe), 7,200 23,435 artillery pieces, 17,081 mortars, about 600,000 motor vehicles and 625,000 700,000 horses.[125][126][4][7][5] finland slated 14 divisions for the invasion, and romania offered 13 divisions and eight brigades over the course of barbarossa.[3] the entire axis forces, 3.8 million personnel,[2] deployed across a front extending from the arctic ocean southward to the black sea,[100] were all controlled by the okh and organised into army norway, army group north, army group centre and army group south, alongside three luftflotten (air fleets, the air force equivalent of army groups) that supported the army groups: luftflotte 1 for north, luftflotte 2 for centre and luftflotte 4 for south.[3] army norway was to operate in far northern scandinavia and bordering soviet territories.[3] army group north was to march through latvia and estonia into northern russia, then either take or destroy the city of leningrad, and link up with finnish forces.[127][99] army group centre, the army group equipped with the most armour and air power,[128] was to strike from poland into belorussia and the west central regions of russia proper, and advance to smolensk and then moscow.[99] army group south was to strike the heavily populated and agricultural heartland of ukraine, taking kiev before continuing eastward over the steppes of southern ussr to the volga with the aim of controlling the oil rich caucasus.[99] army group south was deployed in two sections separated by a 198 mile (319 km) gap. the northern section, which contained the army group's only panzer group, was in southern poland right next to army group centre, and the southern section was in romania.[129] the german forces in the rear (mostly waffen ss and einsatzgruppen units) were to operate in conquered territories to counter any partisan activity in areas they controlled, as well as to execute captured soviet political commissars and jews.[77] on 17 june, reich security main office (rsha) chief reinhard heydrich briefed around thirty to fifty einsatzgruppen commanders on "the policy of eliminating jews in soviet territories, at least in general terms".[130] while the einsatzgruppen were assigned to the wehrmacht's units, which provided them with supplies such as gasoline and food, they were controlled by the rsha.[131] the official plan for barbarossa assumed that the army groups would be able to advance freely to their primary objectives simultaneously, without spreading thin, once they had won the border battles and destroyed the red army's forces in the border area.[132] in 1930, mikhail tukhachevsky, a prominent military theorist in tank warfare in the interwar period and later marshal of the soviet union, forwarded a memo to the kremlin that lobbied for colossal investment in the resources required for the mass production of weapons, pressing the case for "40,000 aircraft and 50,000 tanks."[133] in the early 1930s, a modern operational doctrine for the red army was developed and promulgated in the 1936 field regulations in the form of the deep battle concept. defence expenditure also grew rapidly from just 12 percent of the gross national product in 1933 to 18 percent by 1940.[134] during joseph stalin's great purge in the late 1930s, which had not ended by the time of the german invasion on 22 june 1941, much of the officer corps of the red army was executed or imprisoned. many of their replacements, appointed by stalin for political reasons, lacked military competence.[135][136][137] of the five marshals of the soviet union appointed in 1935, only kliment voroshilov and semyon budyonny survived stalin's purge. tukhachevsky was killed in 1937. fifteen of 16 army commanders, 50 of the 57 corps commanders, 154 of the 186 divisional commanders, and 401 of 456 colonels were killed, and many other officers were dismissed.[137] in total, about 30,000 red army personnel were executed.[138] stalin further underscored his control by reasserting the role of political commissars at the divisional level and below to oversee the political loyalty of the army to the regime. the commissars held a position equal to that of the commander of the unit they were overseeing.[137] but in spite of efforts to ensure the political subservience of the armed forces, in the wake of red army's poor performance in poland and in the winter war, about 80 percent of the officers dismissed during the great purge were reinstated by 1941. also, between january 1939 and may 1941, 161 new divisions were activated.[139][140] therefore, although about 75 percent of all the officers had been in their position for less than one year at the start of the german invasion of 1941, many of the short tenures can be attributed not only to the purge but also to the rapid increase in the creation of military units.[140] beginning in july 1940, the red army general staff developed war plans that identified the wehrmacht as the most dangerous threat to the soviet union, and that in the case of a war with germany, the wehrmacht's main attack would come through the region north of the pripyat marshes into belorussia,[141][132] which later proved to be correct.[141] stalin disagreed, and in october, he authorised the development of new plans that assumed a german attack would focus on the region south of pripyat marshes towards the economically vital regions in ukraine. this became the basis for all subsequent soviet war plans and the deployment of their armed forces in preparation for the german invasion.[141][142] in the soviet union, speaking to his generals in december 1940, stalin mentioned hitler's references to an attack on the soviet union in mein kampf and hitler's belief that the red army would need four years to ready itself. stalin declared "we must be ready much earlier" and "we will try to delay the war for another two years".[143] as early as august 1940, british intelligence had received hints of german plans to attack the soviets a week after hitler informally approved the plans for barbarossa and warned the soviet union accordingly.[144] some of this intelligence was based on ultra information obtained from broken enigma traffic.[145] but stalin's distrust of the british led him to ignore their warnings in the belief that they were a trick designed to bring the soviet union into the war on their side.[144][146] soviet intelligence also received word of an invasion around 20 june from mao zedong whose spy, yan baohang, had overheard talk of the plans at a dinner with a german military attaché and sent word to zhou enlai.[147] the chinese maintain the tipoff helped stalin make preparations, though little exists to confirm the soviets made any real changes upon receiving the intelligence.[147] in early 1941, stalin's own intelligence services and american intelligence gave regular and repeated warnings of an impending german attack.[148] soviet spy richard sorge also gave stalin the exact german launch date, but sorge and other informers had previously given different invasion dates that passed peacefully before the actual invasion.[149][150] stalin acknowledged the possibility of an attack in general and therefore made significant preparations, but decided not to run the risk of provoking hitler.[151] in early 1941, stalin authorised the state defence plan 1941 (dp 41), which along with the mobilisation plan 1941 (mp 41), called for the deployment of 186 divisions, as the first strategic echelon, in the four military districts[n] of the western soviet union that faced the axis territories; and the deployment of another 51 divisions along the dvina and dnieper rivers as the second strategic echelon under stavka control, which in the case of a german invasion was tasked to spearhead a soviet counteroffensive along with the remaining forces of the first echelon.[142] but on 22 june 1941 the first echelon contained 171 divisions,[152] numbering 2.6 2.9 million;[2][153] and the second strategic echelon contained 57 divisions that were still mobilising, most of which were still understrength.[154] the second echelon was undetected by german intelligence until days after the invasion commenced, in most cases only when german ground forces encountered them.[154] at the start of the invasion, the manpower of the soviet military force that had been mobilised was 5.3 5.5 million,[2][155] and it was still increasing as the soviet reserve force of 14 million, with at least basic military training, continued to mobilise.[156][157] the red army was dispersed and still preparing when the invasion commenced.[158] their units were often separated and lacked adequate transportation. while transportation remained insufficient for red army forces, when operation barbarossa kicked off, they possessed some 33,000 pieces of artillery, a number far greater than the germans had at their disposal.[159][o] the soviet union had around 23,000 tanks available of which 14,700 were combat ready.[161] around 11,000 tanks were in the western military districts that faced the german invasion force.[11] hitler later declared to some of his generals, "if i had known about the russian tank strength in 1941 i would not have attacked".[162] however, maintenance and readiness standards were very poor; ammunition and radios were in short supply, and many armoured units lacked the trucks for supplies.[163][164] the most advanced soviet tank models the kv 1 and t 34 which were superior to all current german tanks, as well as all designs still in development as of the summer 1941,[165] were not available in large numbers at the time the invasion commenced.[166] furthermore, in the autumn of 1939, the soviets disbanded their mechanised corps and partly dispersed their tanks to infantry divisions;[167] but following their observation of the german campaign in france, in late 1940 they began to reorganise most of their armoured assets back into mechanised corps with a target strength of 1,031 tanks each.[139] but these large armoured formations were unwieldy, and moreover they were spread out in scattered garrisons, with their subordinate divisions up to 100 kilometres (62 miles) apart.[139] the reorganisation was still in progress and incomplete when barbarossa commenced.[168][167] soviet tank units were rarely well equipped, and they lacked training and logistical support. units were sent into combat with no arrangements in place for refuelling, ammunition resupply, or personnel replacement. often, after a single engagement, units were destroyed or rendered ineffective.[158] the soviet numerical advantage in heavy equipment was thoroughly offset by the superior training and organisation of the wehrmacht.[138] the soviet air force (vvs) held the numerical advantage with a total of approximately 19,533 aircraft, which made it the largest air force in the world in the summer of 1941.[169] about 7,133 9,100 of these were deployed in the five western military districts,[n][169][11][12] and an additional 1,445 were under naval control.[170] historians have debated whether stalin was planning an invasion of german territory in the summer of 1941. the debate began in the late 1980s when viktor suvorov published a journal article and later the book icebreaker in which he claimed that stalin had seen the outbreak of war in western europe as an opportunity to spread communist revolutions throughout the continent, and that the soviet military was being deployed for an imminent attack at the time of the german invasion.[172] this view had also been advanced by former german generals following the war.[173] suvorov's thesis was fully or partially accepted by a limited number of historians, including valeri danilov, joachim hoffmann, mikhail meltyukhov, and vladimir nevezhin, and attracted public attention in germany, israel, and russia.[174][175] it has been strongly rejected by most historians,[176][177] and icebreaker is generally considered to be an "anti soviet tract" in western countries.[178] david glantz and gabriel gorodetsky wrote books to rebut suvorov's arguments.[179] the majority of historians believe that stalin was seeking to avoid war in 1941, as he believed that his military was not ready to fight the german forces.[180] the debate on whether stalin intended to launch an offensive against germany in 1941 remains inconclusive but has produced an abundance of scholarly literature and helped to expand the understanding of larger themes in soviet and world history during the interwar period.[181] at around 01:00 on 22 june 1941, the soviet military districts in the border area[n] were alerted by nko directive no. 1, issued late on the night of 21 june.[193] it called on them to "bring all forces to combat readiness", but to "avoid provocative actions of any kind".[194] it took up to two hours for several of the units subordinate to the fronts to receive the order of the directive,[194] and the majority did not receive it before the invasion commenced.[193] a german communist deserter, alfred liskow, had crossed the lines at 21:00 on 21 june[p] and informed the soviets that an attack was coming at 04:00. stalin was informed, but apparently regarded it as disinformation. liskow was still being interrogated when the attack began.[196] on 21 june, at 13:00 army group north received the codeword "düsseldorf", indicating barbarossa would commence the next morning, and passed down its own codeword, "dortmund".[197] at around 03:15 on 22 june 1941, the axis powers commenced the invasion of the soviet union with the bombing of major cities in soviet occupied poland[198] and an artillery barrage on red army defences on the entire front.[193] air raids were conducted as far as kronstadt near leningrad and sevastopol in the crimea. at the same time the german declaration of war was presented by foreign minister joachim von ribbentrop. meanwhile, ground troops crossed the border, accompanied in some locales by lithuanian and ukrainian partisans.[199] roughly three million soldiers of the wehrmacht went into action and faced slightly fewer soviet troops at the border.[198] accompanying the german forces during the initial invasion were finnish and romanian units as well.[200] at around noon, the news of the invasion was broadcast to the population by soviet foreign minister vyacheslav molotov: "... without a declaration of war, german forces fell on our country, attacked our frontiers in many places ... the red army and the whole nation will wage a victorious patriotic war for our beloved country, for honour, for liberty ... our cause is just. the enemy will be beaten. victory will be ours!"[201][202] by calling upon the population's devotion to their nation rather than the party, molotov struck a patriotic chord that helped a stunned people absorb the shattering news.[201] within the first few days of the invasion, the soviet high command and red army were extensively reorganised so as to place them on the necessary war footing.[203] stalin did not address the nation about the german invasion until 3 july, when he also called for a "patriotic war... of the entire soviet people".[204] in germany, on the morning of 22 june, nazi propaganda minister joseph goebbels announced the invasion to the waking nation in a radio broadcast with hitler's words: "at this moment a march is taking place that, for its extent, compares with the greatest the world has ever seen. i have decided today to place the fate and future of the reich and our people in the hands of our soldiers. may god aid us, especially in this fight!"[205] later the same morning, hitler proclaimed to his colleagues, "before three months have passed, we shall witness a collapse of russia, the like of which has never been seen in history".[205] hitler also addressed the german people via the radio, presenting himself as a man of peace, who reluctantly had to attack the soviet union.[206] following the invasion, goebbels instructed that nazi propaganda use the slogan "european crusade against bolshevism" to describe the war; subsequently thousands of volunteers and conscripts joined the waffen ss.[207] the initial momentum of the german ground and air attack completely destroyed the soviet organisational command and control within the first few hours, paralyzing every level of command from the infantry platoon to the soviet high command in moscow.[208] moscow failed to grasp the magnitude of the catastrophe that confronted the soviet forces in the border area, and stalin's first reaction was disbelief.[209] at around 07:15, stalin issued nko directive no. 2, which announced the invasion to the soviet armed forces, and called on them to attack axis forces wherever they had violated the borders and launch air strikes into the border regions of german territory.[210] at around 09:15, stalin issued nko directive no. 3, signed by timoshenko, which now called for a general counteroffensive on the entire front "without any regards for borders" that both men hoped would sweep the enemy from soviet territory.[211][194] stalin's order, which timoshenko authorised, was not based on a realistic appraisal of the military situation at hand, but commanders passed it along for fear of retribution if they failed to obey; several days passed before the soviet leadership became aware of the enormity of the opening defeat.[211] luftwaffe reconnaissance units plotted soviet troop concentrations, supply dumps and airfields, and marked them down for destruction.[212] additional luftwaffe attacks were carried out against soviet command and control centres to disrupt the mobilisation and organisation of soviet forces.[213][214] in contrast, soviet artillery observers based at the border area had been under the strictest instructions not to open fire on german aircraft prior to the invasion.[109] one plausible reason given for the soviet hesitation to return fire was stalin's initial belief that the assault was launched without hitler's authorisation. significant amounts of soviet territory were lost along with red army forces as a result; it took several days before stalin comprehended the magnitude of the calamity.[215] the luftwaffe reportedly destroyed 1,489 aircraft on the first day of the invasion[216] and over 3,100 during the first three days.[217] hermann göring, minister of aviation and commander in chief of the luftwaffe, distrusted the reports and ordered the figure checked. luftwaffe staffs surveyed the wreckage on soviet airfields, and their original figure proved conservative, as over 2,000 soviet aircraft were estimated to have been destroyed on the first day of the invasion.[216] in reality, soviet losses were likely higher; a soviet archival document recorded the loss of 3,922 soviet aircraft in the first three days against an estimated loss of 78 german aircraft.[217][218] the luftwaffe reported the loss of only 35 aircraft on the first day of combat.[217] a document from the german federal archives puts the luftwaffe's loss at 63 aircraft for the first day.[219] by the end of the first week, the luftwaffe had achieved air supremacy over the battlefields of all the army groups,[218] but was unable to extend this air dominance over the vast expanse of the western soviet union.[220][221] according to the war diaries of the german high command, the luftwaffe by 5 july had lost 491 aircraft with 316 more damaged, leaving it with only about 70 percent of the strength it had at the start of the invasion.[222] on 22 june, army group north attacked the soviet northwestern front and broke through its 8th and 11th armies.[223] the soviets immediately launched a powerful counterattack against the german 4th panzer group with the soviet 3rd and 12th mechanised corps, but the soviet attack was defeated.[223] on 25 june, the 8th and 11th armies were ordered to withdraw to the western dvina river, where it was planned to meet up with the 21st mechanised corps and the 22nd and 27th armies. however, on 26 june, erich von manstein's lvi panzer corps reached the river first and secured a bridgehead across it.[224] the northwestern front was forced to abandon the river defences, and on 29 june stavka ordered the front to withdraw to the stalin line on the approaches to leningrad.[224] on 2 july, army group north began its attack on the stalin line with its 4th panzer group, and on 8 july captured pskov, devastating the defences of the stalin line and reaching leningrad oblast.[224] the 4th panzer group had advanced about 450 kilometres (280 mi) since the start of the invasion and was now only about 250 kilometres (160 mi) from its primary objective leningrad. on 9 july it began its attack towards the soviet defences along the luga river in leningrad oblast.[225] the northern section of army group south faced the southwestern front, which had the largest concentration of soviet forces, and the southern section faced the southern front. in addition, the pripyat marshes and the carpathian mountains posed a serious challenge to the army group's northern and southern sections respectively.[226] on 22 june, only the northern section of army group south attacked, but the terrain impeded their assault, giving the soviet defenders ample time to react.[226] the german 1st panzer group and 6th army attacked and broke through the soviet 5th army.[227] starting on the night of 23 june, the soviet 22nd and 15th mechanised corps attacked the flanks of the 1st panzer group from north and south respectively. although intended to be concerted, soviet tank units were sent in piecemeal due to poor coordination. the 22nd mechanised corps ran into the 1st panzer army's iii motorised corps and was decimated, and its commander killed. the 1st panzer group bypassed much of the 15th mechanised corps, which engaged the german 6th army's 297th infantry division, where it was defeated by antitank fire and luftwaffe attacks.[228] on 26 june, the soviets launched another counterattack on the 1st panzer group from north and south simultaneously with the 9th, 19th and 8th mechanised corps, which altogether fielded 1649 tanks, and supported by the remnants of the 15th mechanised corps. the battle lasted for four days, ending in the defeat of the soviet tank units.[229] on 30 june stavka ordered the remaining forces of the southwestern front to withdraw to the stalin line, where it would defend the approaches to kiev.[230] on 2 july, the southern section of army group south the romanian 3rd and 4th armies, alongside the german 11th army invaded soviet moldavia, which was defended by the southern front.[231] counterattacks by the front's 2nd mechanised corps and 9th army were defeated, but on 9 july the axis advance stalled along the defences of the soviet 18th army between the prut and dniester rivers.[232] in the opening hours of the invasion, the luftwaffe destroyed the western front's air force on the ground, and with the aid of abwehr and their supporting anti communist fifth columns operating in the soviet rear paralyzed the front's communication lines, which particularly cut off the soviet 4th army headquarters from headquarters above and below it.[233] on the same day, the 2nd panzer group crossed the bug river, broke through the 4th army, bypassed brest fortress, and pressed on towards minsk, while the 3rd panzer group bypassed most of the 3rd army and pressed on towards vilnius.[233] simultaneously, the german 4th and 9th armies engaged the western front forces in the environs of białystok.[234] on the order of the western front commander, dmitry pavlov, the 6th and 11th mechanised corps and the 6th cavalry corps launched a strong counterstrike towards grodno on 24 25 june in hopes of destroying the 3rd panzer group. however, the 3rd panzer group had already moved on, with its forward units reaching vilnius on the evening of 23 june, and the western front's armoured counterattack instead ran into infantry and antitank fire from the v army corps of the german 9th army, supported by luftwaffe air attacks.[233] by the night of 25 june, the soviet counterattack was defeated, and the commander of the 6th cavalry corps was captured. the same night, pavlov ordered all the remnants of the western front to withdraw to slonim towards minsk.[233] subsequent counterattacks to buy time for the withdrawal were launched against the german forces, but all of them failed.[233] on 27 june, the 2nd and 3rd panzer groups met near minsk and captured the city the next day, completing the encirclement of almost all of the western front in two pockets: one around białystok and another west of minsk.[235] the germans destroyed the soviet 3rd and 10th armies while inflicting serious losses on the 4th, 11th and 13th armies, and reported to have captured 324,000 soviet troops, 3,300 tanks, 1,800 artillery pieces.[236][237] a soviet directive was issued on 29 june to combat the mass panic rampant among the civilians and the armed forces personnel. the order stipulated swift, severe measures against anyone inciting panic or displaying cowardice. the nkvd worked with commissars and military commanders to scour possible withdrawal routes of soldiers retreating without military authorisation. field expedient general courts were established to deal with civilians spreading rumours and military deserters.[238] on 30 june, stalin relieved pavlov of his command, and on 22 july tried and executed him along with many members of his staff on charges of "cowardice" and "criminal incompetence".[239][240] on 29 june, hitler, through brauchitsch, instructed bock to halt the advance of the panzers of army group centre until the infantry formations liquidating the pockets caught up.[241] but guderian, with the tacit support of bock and halder, ignored the instruction and attacked on eastward towards bobruisk, albeit reporting the advance as a reconnaissance in force. he also personally conducted an aerial inspection of the minsk białystok pocket on 30 june and concluded that his panzer group was not needed to contain it, since hermann hoth's 3rd panzer group was already involved in the minsk pocket.[242] on the same day, some of the infantry corps of the 9th and 4th armies, having sufficiently liquidated the białystok pocket, resumed their march eastward to catch up with the panzer groups.[242] on 1 july, bock ordered the panzer groups to resume their full offensive eastward on the morning of 3 july. but brauchitsch, upholding hitler's instruction, and halder, unwillingly going along with it, opposed bock's order. however, bock insisted on the order by stating that it would be irresponsible to reverse orders already issued. the panzer groups resumed their offensive on 2 july before the infantry formations had sufficiently caught up.[242] during german finnish negotiations, finland had demanded to remain neutral unless the soviet union attacked them first. germany therefore sought to provoke the soviet union into an attack on finland. after germany launched barbarossa on 22 june, german aircraft used finnish air bases to attack soviet positions. the same day the germans launched operation rentier and occupied the petsamo province at the finnish soviet border. simultaneously finland proceeded to remilitarise the neutral åland islands. despite these actions the finnish government insisted via diplomatic channels that they remained a neutral party, but the soviet leadership already viewed finland as an ally of germany. subsequently, the soviets proceeded to launch a massive bombing attack on 25 june against all major finnish cities and industrial centres, including helsinki, turku and lahti. during a night session on the same day the finnish parliament decided to go to war against the soviet union.[243][244] finland was divided into two operational zones. northern finland was the staging area for army norway. its goal was to execute a two pronged pincer movement on the strategic port of murmansk, named operation silver fox. southern finland was still under the responsibility of the finnish army. the goal of the finnish forces was, at first, to recapture finnish karelia at lake ladoga as well as the karelian isthmus, which included finland's second largest city viipuri.[245][246] on 2 july and through the next six days, a rainstorm typical of belarusian summers slowed the progress of the panzers of army group centre, and soviet defences stiffened.[247] the delays gave the soviets time to organise a massive counterattack against army group centre. the army group's ultimate objective was smolensk, which commanded the road to moscow. facing the germans was an old soviet defensive line held by six armies. on 6 july, the soviets launched a massive counter attack using the v and vii mechanised corps of the 20th army,[248] which collided with the german 39th and 47th panzer corps in a battle where the red army lost 832 tanks of the 2,000 employed during five days of ferocious fighting.[249] the germans defeated this counterattack thanks largely to the coincidental presence of the luftwaffe's only squadron of tank busting aircraft.[249] the 2nd panzer group crossed the dnieper river and closed in on smolensk from the south while the 3rd panzer group, after defeating the soviet counterattack, closed on smolensk from the north. trapped between their pincers were three soviet armies. the 29th motorised division captured smolensk on 16 july yet a gap remained between army group centre. on 18 july, the panzer groups came to within ten kilometres (6.2 mi) of closing the gap but the trap did not finally close until 5 august, when upwards of 300,000 red army soldiers had been captured and 3,205 soviet tanks were destroyed. large numbers of red army soldiers escaped to stand between the germans and moscow as resistance continued.[250] four weeks into the campaign, the germans realised they had grossly underestimated soviet strength.[251] the german troops had used their initial supplies, and general bock quickly came to the conclusion that not only had the red army offered stiff opposition, but german difficulties were also due to the logistical problems with reinforcements and provisions.[252] operations were now slowed down to allow for resupply; the delay was to be used to adapt strategy to the new situation.[253] in addition to strained logistics, poor roads made it difficult for wheeled vehicles and foot infantry to keep up with the faster armoured spearheads, and shortages in boots and winter uniforms were becoming apparent. furthermore, all three army groups had suffered 179,500 casualties by 2 august, and had only received 47,000 replacements.[254] hitler by now had lost faith in battles of encirclement as large numbers of soviet soldiers had escaped the pincers.[253] he now believed he could defeat the soviet state by economic means, depriving them of the industrial capacity to continue the war. that meant seizing the industrial centre of kharkov, the donbas and the oil fields of the caucasus in the south and the speedy capture of leningrad, a major centre of military production, in the north.[255] halder, bock, and almost all the german generals involved in operation barbarossa argued vehemently in favour of continuing the all out drive toward moscow.[256][257] besides the psychological importance of capturing the soviet capital, the generals pointed out that moscow was a major centre of arms production, the centre of the soviet communications system and an important transport hub. intelligence reports indicated that the bulk of the remaining red army was deployed near moscow under timoshenko for the defence of the capital.[253] guderian was sent to hitler by bock and halder to argue their case for continuing the assault against moscow, but hitler issued an order through guderian (bypassing bock and halder) to send army group centre's tanks to the north and south, temporarily halting the drive to moscow.[258] convinced by hitler's argument, guderian returned to his commanding officers as a convert to the führer's plan, which earned him their disdain.[259] on 29 june, germany launched its effort to capture murmansk in a pincer attack. the northern pincer, conducted by mountain corps norway, approached murmansk directly by crossing the border at petsamo. however, in mid july after securing the neck of the rybachy peninsula and advancing to the litsa river the german advance was stopped by heavy resistance from the soviet 14th army. renewed attacks led to nothing, and this front became a stalemate for the remainder of barbarossa.[260][261] the second pincer attack began on 1 july with the german xxxvi corps and finnish iii corps slated to recapture the salla region for finland and then proceed eastwards to cut the murmansk railway near kandalaksha. the german units had great difficulty dealing with the arctic conditions. after heavy fighting, salla was taken on 8 july. to keep the momentum the german finnish forces advanced eastwards until they were stopped at the town of kayraly by soviet resistance. further south the finnish iii corps made an independent effort to reach the murmansk railway through the arctic terrain. facing only one division of the soviet 7th army it was able to make rapid headway. on 7 august it captured kestenga while reaching the outskirts of ukhta. large red army reinforcements then prevented further gains on both fronts, and the german finnish force had to go onto the defensive.[262][263] the finnish plan in the south in karelia was to advance as swiftly as possible to lake ladoga, cutting the soviet forces in half. then the finnish territories east of lake ladoga were to be recaptured before the advance along the karelian isthmus, including the recapture of viipuri, commenced. the finnish attack was launched on 10 july. the army of karelia held a numerical advantage versus the soviet defenders of the 7th army and 23rd army, so it could advance swiftly. the important road junction at loimola was captured on 14 july. by 16 july, the first finnish units reached lake ladoga at koirinoja, achieving the goal of splitting the soviet forces. during the rest of july, the army of karelia advanced further southeast into karelia, coming to a halt at the former finnish soviet border at mansila.[264][265] with the soviet forces cut in half, the attack on the karelian isthmus could commence. the finnish army attempted to encircle large soviet formations at sortavala and hiitola by advancing to the western shores of lake ladoga. by mid august the encirclement had succeeded and both towns were taken, but many soviet formations were able to evacuate by sea. further west, the attack on viipuri was launched. with soviet resistance breaking down, the finns were able to encircle viipuri by advancing to the vuoksi river. the city itself was taken on 29 august,[266] along with a broad advance on the rest of the karelian isthmus. by the beginning of september, finland had restored its pre winter war borders.[267][265] by mid july, the german forces had advanced within a few kilometers of kiev below the pripyat marshes. the 1st panzer group then went south, while the 17th army struck east and trapped three soviet armies near uman.[268] as the germans eliminated the pocket, the tanks turned north and crossed the dnieper. meanwhile, the 2nd panzer group, diverted from army group centre, had crossed the river desna with 2nd army on its right flank. the two panzer armies now trapped four soviet armies and parts of two others.[269] by august, as the serviceability and the quantity of the luftwaffe's inventory steadily diminished due to combat, demand for air support only increased as the vvs recovered. the luftwaffe found itself struggling to maintain local air superiority.[270] with the onset of bad weather in october, the luftwaffe was on several occasions forced to halt nearly all aerial operations. the vvs, although faced with the same weather difficulties, had a clear advantage thanks to the prewar experience with cold weather flying, and the fact that they were operating from intact airbases and airports.[271] by december, the vvs had matched the luftwaffe and was even pressing to achieve air superiority over the battlefields.[272] for its final attack on leningrad, the 4th panzer group was reinforced by tanks from army group centre. on 8 august, the panzers broke through the soviet defences. by the end of august, 4th panzer group had penetrated to within 48 kilometres (30 miles) of leningrad. the finns[q] had pushed southeast on both sides of lake ladoga to reach the old finnish soviet frontier.[274] the germans attacked leningrad in august 1941; in the following three "black months" of 1941, 400,000 residents of the city worked to build the city's fortifications as fighting continued, while 160,000 others joined the ranks of the red army. nowhere was the soviet levée en masse spirit stronger in resisting the germans than at leningrad where reserve troops and freshly improvised narodnoe opolcheniye units, consisting of worker battalions and even schoolboy formations, joined in digging trenches as they prepared to defend the city.[275] on 7 september, the german 20th motorised division seized shlisselburg, cutting off all land routes to leningrad. the germans severed the railroads to moscow and captured the railroad to murmansk with finnish assistance to inaugurate the start of a siege that would last for over two years.[276][277] at this stage, hitler ordered the final destruction of leningrad with no prisoners taken, and on 9 september, army group north began the final push. within ten days it had advanced within 11 kilometres (6.8 miles) of the city.[278] however, the push over the last 10 km (6.2 mi) proved very slow and casualties mounted, so hitler ordered that leningrad should not be stormed, but rather starved into submission. along these lines, the okh issued directive no. la 1601/41 on 22 september 1941, which accorded hitler's plans.[279] deprived of its panzer forces, army group centre remained static and was subjected to numerous soviet counterattacks, in particular the yelnya offensive, in which the germans suffered their first major tactical defeat since their invasion began; this red army victory also provided an important boost to soviet morale.[280] these attacks prompted hitler to concentrate his attention back to army group centre and its drive on moscow. the germans ordered the 3rd and 4th panzer armies to break off their siege of leningrad and support army group centre in its attack on moscow.[281][282] before an attack on moscow could begin, operations in kiev needed to be finished. half of army group centre had swung to the south in the back of the kiev position, while army group south moved to the north from its dnieper bridgehead.[283] the encirclement of soviet forces in kiev was achieved on 16 september. a battle ensued in which the soviets were hammered with tanks, artillery, and aerial bombardment. after ten days of vicious fighting, the germans claimed 665,000 soviet soldiers captured, although the real figure is probably around 220,000.[284] soviet losses were 452,720 men, 3,867 artillery pieces and mortars from 43 divisions of the 5th, 21st, 26th, and 37th soviet armies.[283] despite the exhaustion and losses facing some german units (upwards of 75 percent of their men) from the intense fighting, the massive defeat of the soviets at kiev and the red army losses during the first three months of the assault contributed to the german assumption that operation typhoon (the attack on moscow) could still succeed.[285] after operations at kiev were successfully concluded, army group south advanced east and south to capture the industrial donbas region and the crimea. the soviet southern front launched an attack on 26 september with two armies on the northern shores of the sea of azov against elements of the german 11th army, which was simultaneously advancing into the crimea. on 1 october, the 1st panzer army under ewald von kleist swept south to encircle the two attacking soviet armies. by 7 october, the soviet 9th and 18th armies were isolated and four days later they had been annihilated. the soviet defeat was total; 106,332 men captured, 212 tanks destroyed or captured in the pocket alone as well as 766 artillery pieces of all types.[286] the death or capture of two thirds of all southern front troops in four days unhinged the front's left flank, allowing the germans to capture kharkov on 24 october. kleist's 1st panzer army took the donbas region that same month.[286] in central finland, the german finnish advance on the murmansk railway had been resumed at kayraly. a large encirclement from the north and the south trapped the defending soviet corps and allowed xxxvi corps to advance further to the east.[287] in early september it reached the old 1939 soviet border fortifications. on 6 september the first defence line at the voyta river was breached, but further attacks against the main line at the verman river failed.[288] with army norway switching its main effort further south, the front stalemated in this sector. further south, the finnish iii corps launched a new offensive towards the murmansk railway on 30 october, bolstered by fresh reinforcements from army norway. against soviet resistance, it was able to come within 30 km (19 mi) of the railway, when the finnish high command ordered a stop to all offensive operations in the sector on 17 november. the united states of america applied diplomatic pressure on finland not to disrupt allied aid shipments to the soviet union, which caused the finnish government to halt the advance on the murmansk railway. with the finnish refusal to conduct further offensive operations and german inability to do so alone, the german finnish effort in central and northern finland came to an end.[289][290] germany had pressured finland to enlarge its offensive activities in karelia to aid the germans in their leningrad operation. finnish attacks on leningrad itself remained limited. finland stopped its advance just short of leningrad and had no intentions to attack the city. the situation was different in eastern karelia. the finnish government agreed to restart its offensive into soviet karelia to reach lake onega and the svir river. on 4 september, this new drive was launched on a broad front. albeit reinforced by fresh reserve troops, heavy losses elsewhere on the front meant that the soviet defenders of the 7th army were not able to resist the finnish advance. olonets was taken on 5 september. on 7 september, finnish forward units reached the svir river.[291] petrozavodsk, the capital city of the karelo finnish ssr, fell on 1 october. from there the army of karelia moved north along the shores of lake onega to secure the remaining area west of lake onega, while simultaneously establishing a defensive position along the svir river. slowed by winter's onset they nevertheless continued to advance slowly during the following weeks. medvezhyegorsk was captured on 5 december and povenets fell the next day. on 7 december, finland halted all offensive operations and went onto the defensive.[292][293] after kiev, the red army no longer outnumbered the germans and there were no more trained reserves directly available. to defend moscow, stalin could field 800,000 men in 83 divisions, but no more than 25 divisions were fully effective. operation typhoon, the drive to moscow, began on 30 september 1941.[294][295] in front of army group centre was a series of elaborate defence lines, the first centred on vyazma and the second on mozhaysk.[269] russian peasants began fleeing ahead of the advancing german units, burning their harvested crops, driving their cattle away, and destroying buildings in their villages as part of a scorched earth policy designed to deny to the nazi war machine needed supplies and foodstuffs.[296] the first blow took the soviets completely by surprise when the 2nd panzer group, returning from the south, took oryol, just 121 km (75 mi) south of the soviet first main defence line.[269] three days later, the panzers pushed on to bryansk, while the 2nd army attacked from the west.[297] the soviet 3rd and 13th armies were now encircled. to the north, the 3rd and 4th panzer armies attacked vyazma, trapping the 19th, 20th, 24th and 32nd armies.[269] moscow's first line of defence had been shattered. the pocket eventually yielded over 500,000 soviet prisoners, bringing the tally since the start of the invasion to three million. the soviets now had only 90,000 men and 150 tanks left for the defence of moscow.[298] the german government now publicly predicted the imminent capture of moscow and convinced foreign correspondents of an impending soviet collapse.[299] on 13 october, the 3rd panzer group penetrated to within 140 km (87 mi) of the capital.[269] martial law was declared in moscow. almost from the beginning of operation typhoon, however, the weather worsened. temperatures fell while there was continued rainfall. this turned the unpaved road network into mud and slowed the german advance on moscow.[300] additional snows fell which were followed by more rain, creating a glutinous mud that german tanks had difficulty traversing, which the soviet t 34, with its wider tread, was better suited to navigate.[301] at the same time, the supply situation for the germans rapidly deteriorated.[302] on 31 october, the german army high command ordered a halt to operation typhoon while the armies were reorganised. the pause gave the soviets, far better supplied, time to consolidate their positions and organise formations of newly activated reservists.[303][304] in little over a month, the soviets organised eleven new armies that included 30 divisions of siberian troops. these had been freed from the soviet far east after soviet intelligence assured stalin that there was no longer a threat from the japanese.[305] during october and november 1941, over 1,000 tanks and 1,000 aircraft arrived along with the siberian forces to assist in defending the city.[306] with the ground hardening due to the cold weather,[r] the germans resumed the attack on moscow on 15 november.[308] although the troops themselves were now able to advance again, there had been no improvement in the supply situation; only 135,000 of the 600,000 trucks that had been available on 22 june 1941 were available by 15 november 1941. ammunition and fuel supplies were prioritised over food and winter clothing, so many german troops looted supplies from local populations, but could not fill their needs.[309] facing the germans were the 5th, 16th, 30th, 43rd, 49th, and 50th soviet armies. the germans intended to move the 3rd and 4th panzer armies across the moscow canal and envelop moscow from the northeast. the 2nd panzer group would attack tula and then close on moscow from the south.[310] as the soviets reacted to their flanks, the 4th army would attack the centre. in two weeks of fighting, lacking sufficient fuel and ammunition, the germans slowly crept towards moscow. in the south, the 2nd panzer group was being blocked. on 22 november, soviet siberian units, augmented by the 49th and 50th soviet armies, attacked the 2nd panzer group and inflicted a defeat on the germans. the 4th panzer group pushed the soviet 16th army back, however, and succeeded in crossing the moscow canal in an attempt to encircle moscow.[311] on 2 december, part of the 258th infantry division advanced to within 24 km (15 mi) of moscow. they were so close that german officers claimed they could see the spires of the kremlin,[312] but by then the first blizzards had begun.[313] a reconnaissance battalion managed to reach the town of khimki, only about 8 km (5.0 mi) from the soviet capital. it captured the bridge over the moscow volga canal as well as the railway station, which marked the easternmost advance of german forces.[314] in spite of the progress made, the wehrmacht was not equipped for such severe winter warfare.[315] the soviet army was better adapted to fighting in winter conditions, but faced production shortages of winter clothing. the german forces fared worse, with deep snow further hindering equipment and mobility.[316][317] weather conditions had largely grounded the luftwaffe, preventing large scale air operations.[318] newly created soviet units near moscow now numbered over 500,000 men, who despite their inexperience, were able to halt the german offensive by 5 december due to superior defensive fortifications, the presence of skilled and experienced leadership like zhukov, and the poor german situation.[319] on 5 december, the soviet defenders launched a massive counterattack as part of the soviet winter counteroffensive. the offensive halted on 7 january 1942, after having pushed the german armies back 100 250 km (62 155 mi) from moscow.[320] the wehrmacht had lost the battle for moscow, and the invasion had cost the german army over 830,000 men.[321] with the failure of the battle of moscow, all german plans for a quick defeat of the soviet union had to be revised. the soviet counter offensives in december 1941 caused heavy casualties on both sides, but ultimately eliminated the german threat to moscow.[322][323] attempting to explain matters, hitler issued führer directive no. 39, which cited the early onset of winter and the severe cold as the primary reasons for the failed campaign,[324] whereas the main reasons were german military unpreparedness, poor intelligence of actual soviet strength, extensive logistical difficulties, high levels of attrition and heavy casualties, and overextension of german forces within the vast soviet territories.[325] on 22 june 1941, the heer as a whole had 209 divisions at its disposal, 163 of which were offensively capable. on 31 march 1942, less than one year after the invasion of the soviet union, the army was reduced to fielding 58 offensively capable divisions.[326] the red army's tenacity and ability to counter attack effectively took the germans as much by surprise as their own initial attack had the soviets. spurred on by the successful defence and in an effort to imitate the germans, stalin wanted to begin his own counteroffensive, not just against the german forces around moscow, but against their armies in the north and south.[327] anger over the failed german offensives caused hitler to relieve brauchitsch of command and in his place, hitler assumed personal control of the german army on 19 december 1941, a decision that would progressively prove fatal to germany's war effort and contribute to its eventual defeat.[328] the soviet union had suffered heavily from the conflict, losing huge tracts of territory, and vast losses in men and materiel. nonetheless, the red army proved capable of countering the german offensives, particularly as the germans began experiencing irreplaceable shortages in manpower, armaments, provisions, and fuel.[329] despite the rapid relocation of red army armaments production east of the urals and a dramatic increase of production in 1942, especially of armour, new aircraft types and artillery, the heer (german army) was able to mount another large scale offensive in june 1942, although on a much reduced front than the previous summer. hitler, having realised that germany's oil supply was severely depleted,[330] attempted to utilise army group south to capture the oil fields of baku in the new offensive, codenamed case blue.[331] again, the germans quickly overran great expanses of soviet territory, but they failed to achieve their ultimate goal of the oil fields of baku, culminating in their disastrous defeat at the battle of stalingrad in february 1943 and withdrawal from the caucasus.[332] by 1943, soviet armaments production was fully operational and increasingly outproducing the german war economy.[333] the final major german offensive in the eastern theatre of world war ii took place during july august 1943 with the launch of operation citadel, an assault on the kursk salient.[334] approximately one million german troops confronted a soviet force over 2.5 million strong. the soviets, well aware of the attack in advance and fully prepared for it, prevailed in the battle of kursk. following the german defeat, the soviets launched operation kutuzov, a counter offensive employing six million men along a 2,400 kilometre (1,500 mi) front towards the dnieper river as they drove the germans westwards.[335] employing increasingly ambitious and tactically sophisticated offensives, along with making operational improvements in secrecy and deception, by the summer of 1944, the red army was eventually able to regain much of the area previously conquered by the germans.[336] the destruction of army group centre, the outcome of operation bagration in 1944, proved to be a decisive success and additional soviet offensives against the german army groups north and south in the autumn of 1944 put the german war machine into further retreat.[337] by january 1945, what had been the eastern front was now controlled by the soviets, whose military might was aimed at the german capital of berlin.[338] hitler committed suicide on 30 april 1945 in order to avoid capture by the soviets, and the war in europe finally ended with the total defeat and capitulation of nazi germany in may 1945.[339] while the soviet union had not signed the geneva convention, germany had signed the treaty and was thus obligated to offer soviet pows humane treatment according to its provisions (as they generally did with other allied pows).[340] according to the soviets, they had not signed the geneva conventions in 1929 due to article 9 which, by imposing racial segregation of pows into different camps, contravened the soviet constitution.[341] article 82 of the convention specified that "in case, in time of war, one of the belligerents is not a party to the convention, its provisions shall nevertheless remain in force as between the belligerents who are parties thereto."[342] despite such mandates, hitler called for the battle against the soviet union to be a "struggle for existence" and emphasized that the soviet armies were to be "annihilated", a mindset that contributed to war crimes against soviet prisoners of war.[343] a memorandum from 16 july 1941, recorded by martin bormann, quotes hitler saying, "the giant [occupied] area must naturally be pacified as quickly as possible; this will happen at best if anyone who just looks funny should be shot".[344][345] conveniently for germany, the fact that the soviets failed to sign the convention played into their hands as they justified their behavior accordingly. even if the soviets had signed, it is highly unlikely that this would have stopped the nazis' genocidal policies towards combatants, civilians, and prisoners of war.[346] before the war, hitler had issued the notorious commissar order, which called for all soviet political commissars taken prisoner at the front to be shot immediately without trial.[347] german soldiers participated in these mass killings along with members of the ss einsatzgruppen, sometimes reluctantly, claiming "military necessity".[348][349] on the eve of the invasion, german soldiers were informed that their battle "demands ruthless and vigorous measures against bolshevik inciters, guerrillas, saboteurs, jews and the complete elimination of all active and passive resistance". collective punishment was authorised against partisan attacks; if a perpetrator could not be quickly identified, burning villages and mass executions were considered acceptable reprisals.[350] although the majority of german soldiers accepted these crimes as justified due to nazi propaganda, which depicted the red army as untermenschen, a few prominent german officers openly protested against them.[351] an estimated two million soviet prisoners of war died of starvation during barbarossa alone.[352] by the end of the war, 58 percent of all soviet prisoners of war had died in german captivity.[353] organised crimes against civilians, including women and children, were carried out on a huge scale by the german police and military forces, as well as the local collaborators.[354][355] under the command of the reich security main office, the einsatzgruppen killing squads conducted large scale massacres of jews and communists in conquered soviet territories. holocaust historian raul hilberg puts the number of jews murdered by "mobile killing operations" at 1,400,000.[356] the original instructions to kill "jews in party and state positions" were broadened to include "all male jews of military age" and then expanded once more to "all male jews regardless of age". by the end of july, the germans were regularly killing women and children.[357] on 18 december 1941, himmler and hitler discussed the "jewish question", and himmler noted the meeting's result in his appointment book: "to be annihilated as partisans". according to christopher browning, "annihilating jews and solving the so called 'jewish question' under the cover of killing partisans was the agreed upon convention between hitler and himmler".[358] in accordance with nazi policies against "inferior" asian peoples, turkmens were also persecuted. according to a post war report by prince veli kajum khan, they were imprisoned in concentration camps in terrible conditions, where those deemed to have "mongolian" features were murdered daily. asians were also targeted by the einsatzgruppen and were the subjects of lethal medical experiments and murder at a "pathological institute" in kiev.[359] hitler received reports of the mass killings conducted by the einsatzgruppen which were first conveyed to the rsha, where they were aggregated into a summary report by gestapo chief heinrich müller.[360] burning houses suspected of being partisan meeting places and poisoning water wells became common practice for soldiers of the german 9th army. at kharkov, the fourth largest city in the soviet union, food was provided only to the small number of civilians who worked for the germans, with the rest designated to slowly starve.[361] thousands of soviets were deported to germany for use as slave labour beginning in 1942.[362] the citizens of leningrad were subjected to heavy bombardment and a siege that would last 872 days and starve more than a million people to death, of whom approximately 400,000 were children below the age of 14.[363][364][365] the german finnish blockade cut off access to food, fuel and raw materials, and rations reached a low, for the non working population, of 4 ounces (110 g) (five thin slices) of bread and a little watery soup per day.[366] starving soviet civilians began to eat their domestic animals, along with hair tonic and vaseline. some desperate citizens resorted to cannibalism; soviet records list 2,000 people arrested for "the use of human meat as food" during the siege, 886 of them during the first winter of 1941 42.[365] the wehrmacht planned to seal off leningrad, starve out the population, and then demolish the city entirely.[277] rape was a widespread phenomenon in the east as german soldiers regularly committed violent sexual acts against soviet women.[367] whole units were occasionally involved in the crime with upwards of one third of the instances being gang rape.[368] historian hannes heer relates that in the world of the eastern front, where the german army equated russia with communism, everything was "fair game"; thus, rape went unreported unless entire units were involved.[369] frequently in the case of jewish women, they were murdered immediately after acts of sexual violence.[370] historian birgit beck emphasizes that military decrees, which served to authorise wholesale brutality on many levels, essentially destroyed the basis for any prosecution of sexual offenses committed by german soldiers in the east.[371] she also contends that detection of such instances was limited by the fact that sexual violence was often inflicted in the context of billets in civilian housing.[372] after the initiation of operation barbarossa, eastern europe was relentlessly plundered by nazi german forces. in 1943 alone, 9,000,000 tons of cereals, 2,000,000 t (2,000,000 long tons; 2,200,000 short tons) of fodder, 3,000,000 t (3,000,000 long tons; 3,300,000 short tons) of potatoes, and 662,000 t (652,000 long tons; 730,000 short tons) of meats were sent back to germany. during the course of the german occupation, some 12 million pigs and 13 million sheep were seized by nazi forces.[373] the value of this plunder is estimated at 4 billion reichsmarks. this relatively low number in comparison to the occupied nations of western europe can be attributed to the indiscriminate scorched earth policy pursued by nazi germany in the eastern front.[374] barbarossa was the largest military operation in history more men, tanks, guns and aircraft were deployed than in any other offensive.[375][376] the invasion opened the eastern front, the war's largest theatre, which saw clashes of unprecedented violence and destruction for four years and killed over 26 million soviet people, including about 8.6 million red army soldiers.[377] more died fighting on the eastern front than in all other fighting across the globe during world war ii.[378] damage to both the economy and landscape was enormous, as approximately 1,710 soviet towns and 70,000 villages were razed.[379] barbarossa and the subsequent german defeat changed the political landscape of europe, dividing it into eastern and western blocs.[380] the political vacuum left in the eastern half of the continent was filled by the ussr when stalin secured his territorial prizes of 1944 1945 and firmly placed the red army in bulgaria, romania, hungary, poland, czechoslovakia, and the eastern half of germany.[381] stalin's fear of resurgent german power and his distrust of his erstwhile allies contributed to soviet pan slavic initiatives and a subsequent alliance of slavic states.[382] the historians david glantz and jonathan house assert that barbarossa influenced not only stalin but subsequent soviet leaders, claiming it "colored" their strategic mindsets for the "next four decades".[s] as a result, the soviets instigated the creation of "an elaborate system of buffer and client states, designed to insulate the soviet union from any possible future attack".[383] in the ensuing cold war, eastern europe became a soviet sphere of influence, and western europe aligned itself with the united states.[384]
supported by contests to participate, submit your response here by june 14 at 9 a.m. eastern. this week’s winners will be announced by june 26. by the learning network update, june 25: here are the winners for week 1. our 15th annual summer reading contest begins! every week for 10 weeks this summer we’re asking students “what got your attention in the new york times this week? why?” to participate in week 1, choose something to read, watch or listen to in the times and submit a response that answers those questions by 9 a.m. eastern on june 14. you can choose anything that was published in the print paper or on nytimes.com in 2024, including articles, photos, essays, videos, podcasts or graphics. we hope you’ll click around to find your own great pieces, but we also know that not everyone who participates has a times subscription so, each week, you’ll find dozens of free links to interesting articles, features and multimedia below. students are invited to submit responses in the form of a 250 word comment or a 90 second video. please see the requirements for each type of response below and read the full rules and guidelines in our contest announcement before making your submissions. your responses will be read by new york times journalists and staff, as well as educators from around the world. we’ll choose at least one favorite answer to feature on our site each week. winners from week 1 will be announced by june 26.

supported by we asked, “what can you show or tell us to help explain what it’s like to grow up in this political moment?” students from around the world responded with powerful art and writing. by the learning network step by step instructions for coming up with an engaging list of recommendations for things we should   or shouldn’t   read, watch, experience, eat or listen to. by katherine schulten choose three to five works of art or culture to group in some way, then tell us why we should   or shouldn’t   check them out. contest dates: jan. 15 feb. 12, 2025. by the learning network for the second year in a row, we invite students to document the local, offline communities that interest them. contest dates: dec. 4, 2024, to jan. 15, 2025. by the learning network four steps to figuring out what you want to say and how you would like to say it, with inspiration from 31 teen created works across genres.