April 23, 2021 Newsletter Powered by ABIL

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).


  • 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. 



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. 


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