FGI News and Publications

OFLC Announces New Application for Prevailing Wage

Determination

The Department of Labor’s Office of Foreign Labor

Certification (OFLC) revised its Form ETA-9141, Application for

Prevailing Wage Determination, for use beginning May 3, 2021.

As of 8 a.m. on May 3, 2021, OFLC will only accept prevailing

wage applications submitted using the new form. OFLC will reject,

without further review, prevailing wage paper applications

submitted using the current version of the form. A stakeholder

webinar will be held on April 27, 2021, at 2 p.m. ET (2 hours).

Details:

• OFLC announcement,https://www.dol.gov/agencies/eta/foreign-labor (scroll down to

  announcement on April 2, 2021)

• Webinar meeting link,https://usdol.webex.com/usdol/j.php?MTID=mdecd014fcb2a1d00e8ae503dca9890d4

  (for more information, including alternative ways to join the

  webinar, see https://www.dol.gov/agencies/eta/foreign-labor (scroll

  down to webinar information on April 2, 2021).

State Dept. Releases FAQ on Immigrant Visa

Backlog and Consular Processing

On April 13, 2021, the Department of State released frequently

asked questions (FAQ) on the immigrant visa backlog and

consular processing. The FAQ notes that the immigrant visa

interview backlog has developed “because of limitations in

staffing and other COVID-related operational constraints preventing

us from processing the same volume of applicants as

pre-pandemic.” In addition, the FAQ cites previous

presidential proclamations that “restricted visa processing

for many immigrants for nearly a year.” The Department said it

would take time to process the cases affected by these travel

restrictions.

The Department said it is committed to decreasing the backlog by

“prioritizing certain visas, creating efficiencies in the visa

process, and utilizing all available resources until our task is

accomplished.” Applicants should check the website of their

nearest U.S. embassy or consulate for updates on currently

available visa services, the FAQ states. Virtual interviews

are not available because current regulations “require

all immigrant visa applicants to appear in person before a consular

officer,” the FAQ states.

Details:

• “Frequently Asked Questions Regarding the Immigrant VisaBacklog,” Dept. of State, Apr. 13, 2021, https://www.facebook.com/travelgov

DHS Seeks Comments on How USCIS Can Reduce

Barriers/Burdens in Regulations and Policies

The Department of Homeland Security

(DHS) seeks comments from the public on how U.S.

Citizenship and Immigration Services (USCIS) can reduce

administrative and other barriers and burdens within its

regulations and policies, including those that prevent foreign

citizens from easily obtaining access to immigration services and

benefits.

This effort “will help DHS identify process

improvements for USCIS, with benefits for state, local, and tribal

governments, for businesses (including small businesses and

startups), for educational institutions of all kinds, for

nonprofits, and for individuals,” the request

states.

The request is scheduled to be published in the Federal Register

on April 19, 2021.

Details:

• Advance notice of DHS request, 

The content of this article is intended to provide a general

guide to the subject matter. Specialist advice should be sought

about your specific circumstances.