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If the employer will accept an alternate combination of education and experience and the acceptable number of years is other than a whole number, how can the employer inform the Department of the acceptable number of years on the ETA Form 9089? The field wherein the number of years must be entered, Section H, Item 8-C, only accepts whole number entries.

To inform the Department of the acceptable number of years where the value is other than a whole number, the employer should round to the nearest whole number, e.g., a value of 6 months would become 1 year and a value of 15 months will become 1 year, enter the whole number in Section H, Item 8-C, and then use Section H, Item 14 to provide the actual number of years and months.

Example 1: Where the employer accepts, as an alternate combination of education and experience, a Bachelor's degree and 6 months experience (0.5 years), the employer will mark "Bachelor's" in 8-A. and will enter "1" year in Section H, Item 8-C, having rounded the six months (0.5 years) up to the nearest whole number, in terms of years. The employer will then explain in Section H, Item 14, that its actual acceptable alternate combination of education and experience is a Bachelor's degree plus 6 months (0.5 years) experience but it entered 1 year in Section H, Item 8-C, per the FAQ.

Example 2: Where the employer accepts, as an alternate combination of education and experience, a Bachelor's degree and 15 months experience (1.25 years), the employer will mark "Bachelor's" in 8-A. and will enter "1" year in Section H, Item 8-C, having rounded the 15 months (1.25 years) down to the nearest whole number, in terms of years. The employer will then explain in Section H, Item 14, that its actual acceptable alternate combination of education and experience is a Bachelor's degree plus 15 months (1.25 years) experience but it entered 1 year in Section H, Item 8-C, per the FAQ.

Revised May 29, 2012

Can third party software tools that interface with the web based forms made available by the Department of Labor (Department) be used to manage the filing of online applications?

The Department takes no position as to whether an employer can use third party software tools. However, it is important to remember that these third party tools were developed without the participation, review, or approval of the Department or the Office of Foreign Labor Certification. As such, the Department cannot vouch for the accuracy or integrity of data submitted using third party tools. It is the responsibility of the party using such tools to review the submitted application completely for accuracy and errors prior to submitting.

When making inquiries about situations encountered while submitting data to the PERM Case Management System please be sure to advise the helpdesk if you are submitting information with the aid of a third party software application. In some situations you may need to contact the developer of the third party system to resolve issues.

May 29, 2012

This policy memo provide guidance regarding representation and appearances and interview techniques in certain application and petition proceedings before USCIS.

Please check the attachment to view the Memo.

In a continued effort to assist H-2A employers with preparing their agricultural job orders and applications, the Department has revised the H-2A Filing Tips to alert employers to common filing mistakes which can delay the processing of an H-2A application. The H-2A Filing Tips may be found on the H-2A program page under Factsheets and Filing Tips.

Background

U.S. Citizenship and Immigration Services (USCIS) will transition from a paper-based model to a secure, electronic environment. This new user-friendly system is called the USCIS Electronic Immigration System (USCIS ELIS).

Introduction

USCIS ELIS is an easy-to-use system designed to modernize the application process for immigration benefits. It will also provide more accurate, convenient, and secure customer service and allow USCIS to process cases with greater efficiency and consistency.

Due to the high number of recently filed I-129 petitions with USCIS, customers may experience a longer than usual period of time to receive a receipt notice from USCIS. Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation. However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice.

Summer is one of the busiest international travel times in the U.S. and with the start of the travel season this Memorial Day, U.S. Customs and Border Protection is reminding travelers of some important tips. With increasing passenger volumes due to a nine percent increase in travel and tourism since February 2011, there are things returning U.S. citizens or residents, and international visitors can do to help speed their processing.

The OFLC is pleased to announce the expansion of the H-2A Ombudsman Program to include the H-2B Program community. The Ombudsman Program is here to facilitate the fair and equitable resolution of concerns that arise within the H-2A and H-2B filing communities, by conducting independent and impartial inquiries into issues related to the administration of these programs.

New System Will Standardize Process for Immigrant Visa Applicants Worldwide

Released May 23, 2012

Approximately 44,000 Files to be transferred to Archives Facility in San Bruno, Calif.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced the transfer of approximately 44,000 additional alien registration records, known as “A-Files,” to the National Archives and Records Administration (NARA).

Agency begins transition from paper-based to online environment

Released May 22, 2012

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today launched the first phase of its electronic immigration benefits system, known as USCIS ELIS. The system has been created to modernize the process for filing and adjudicating immigration benefits.