Federal Agencies, Agency Memos & Announcements

DOL Announces Updates to Implementation of Interim Final Rule for CW-1 Workers

4/1/19 AILA Doc. No. 19040133. Business Immigration

From the DOL website:

April 1, 2019. OFLC Announces Updates to Implementation of the Interim Final Rule (IFR) for Temporary Employment in the Commonwealth of the Northern Mariana Islands (CW-1 Workers)

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.