The Office of Foreign Labor Certification (OFLC) within the U.S. Department of Labor faced significant challenges in FY2023 due to an unprecedented surge in filings across all its programs, including H-2A, H-2B, CW-1, PWD, and PERM. Despite this surge, OFLC did not receive additional funding or resources to accommodate the increased workload. Statutory and regulatory timeframes for processing for H-2A and H-2B cases, strained the office’s ability to adjudicate ETA Form 9141 and ETA Form 9089, resulting in a noticeable increase on their processing times.

The rise in ETA Form 9141 filings, alongside ongoing PERM application backlogs, underscores the pressure OFLC is under. Despite these challenges, OFLC is striving to maintain stability and predictability in processing times. Their efforts are aimed at ensuring filers can anticipate when they will receive Prevailing Wage Determinations (PWDs) and other essential certifications. Notably, as of June 12, 2024, about 5,000 PERM applications remain in the legacy system awaiting Analyst Review, while approximately 160,000 PERMs are pending in the modernized FLAG system.

Moving forward, addressing the resource and funding gaps at OFLC will be crucial to effectively managing the increasing demands on its services. Without adequate support, the office may continue to face difficulties in meeting the needs of employers and foreign workers relying on timely decisions for employment-based immigration processes. Advocacy for enhanced resources remains vital to ensuring the OFLC can fulfill its critical role in facilitating legal foreign labor within the United States.

Credit/Source: AILA