Workforce Investment Act Operations Bulletin
Volume 4, Number 3
For the week ending January 21, 2005
(For Internal Use Only)
Training and Employment Guidance Letter No. 13-04
Subject: Revised Income Definitions and Income Inclusions and Exclusions for Determining Senior Community Service Employment Program (SCSEP) Eligibility
Purpose: To delineate the policy changes in the SCSEP income guidelines.
Training and Employment Guidance Letter No. 14-04
Subject: Announcing the Soon-to-be-Published Proposed Revisions to the Planning Guidance and Instructions for Submission of the Strategic Five-Year Plan for Title I of the WIA of 1998 and the Wagner-Peyser Act; and Workforce Investment Act Unified Planning Guidance
Purpose: To inform states of the Employment and Training Administration's (ETA) intent to publish in the FEDERAL REGISTER proposed revisions to the Planning Guidance and Instructions for Submission of the Strategic Five-Year Plan for Title I of the Workforce Investment Act of 1998 and the Wagner-Peyser Act as well as Workforce Investment Act Unified Planning Guidance.
Departments of Labor and Homeland Security Propose Procedural Changes for Issuance of H-2B Visas
An H-2B nonimmigrant is admitted temporarily to the United States to perform temporary nonagricultural labor or services. The Department of Labor's Employment and Training Administration (ETA) and the Department of Homeland Security (DHS) simultaneously are proposing changes to the procedures for the issuance of H-2B visas. Under this proposed rule, H-2B petitions filed with DHS, with the exception of workers in logging, the entertainment industry, or professional athletics, will require employers to satisfy specific attestations concerning labor market issues. These attestations have been developed by the Department and are included in this rule and are incorporated in the DHS regulation. In addition, the Department will receive information on petitions that have been approved and received final adjudication from the DHS. The Department will be conducting post-adjudication audits of attestations submitted in support of selected approved H-2B petitions received from the DHS.
H-2B Nonimmigrant Program
The H-2B nonimmigrant program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent. There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status during each CIS fiscal year (October through September). The process for obtaining H-2B certification is similar to, but less extensive and time consuming, than permanent certification.
In the case of the H-2B certification, the DOL decision is only an advisory to CIS. The certification request is made by the employer using Form ETA 750, and multiple openings of the same job and rate of pay may be on the same application. The certification is issued to the employer, not the worker, and is not transferable from one employer to another or from one worker to another. To allow time for processing delays and correction of application errors, the employer should file for H-2B at least 60 days, but not more than 120 days before the worker is needed.