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USADNEWS FLASH March 13, 2017

DOL Removes FAQ on H-14 Unquantified Experience

The Department of Labor (DOL) has removed the FAQ it originally released on March 6, 2017 regarding the "actual minimum requirements" under 20 C.F.R. § 656.17(i)(1), which must be listed on ETA Form 9089. The American Immigration Lawyers Association (AILA) DOL Liaison Committee attended a scheduled stakeholder meeting on March 7, 2017 to express concerns about the new FAQ. In particular, AILA questioned the implementation date of the FAQ, which was set to go into effect on March 20, 2017. AILA asked that the DOL at least delay the implementation by 180 days.

In response, the Office of Foreign Labor Certification (OFLC) updated its website on March 10, 2017 with the following announcement:


In light of stakeholder input, which the Office of Foreign Labor Certification (OFLC) is considering, OFLC has temporarily removed from its website PERM FAQ Round 14 regarding Actual Minimum Requirements, originally published on March 6, 2017. OFLC will clarify and republish PERM FAQ Round 14 to provide additional information on its applicability to PERM applications and associated prevailing wage requests and determinations.


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