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UNITED STATES DEPARTMENT OF LABOR CW-1 Temporary Employment Certification Common Issues and Filing Tips UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Disclaimer This presentation is intended for training use only and does not carry the force of legal opinion. The Department of Labor is providing this information as a public service. This information and any related materials are presented to give the public access to information on the Department of Labor programs. You should be aware that, while we try to keep the information timely and accurate, there will often be a delay between official publications of the materials and the modification of these pages.

Therefore, we make no express or implied guarantees. The Federal Register and the Code of Federal Regulations remain the official source for regulatory information published by the Department of Labor. We will make every effort to keep this information current and to correct errors brought to our attention. 2 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Terminology:  OFLC - Office of Foreign Labor Certification  FLAG - Foreign Labor Application Gateway (FLAG) System  Form ETA-9142C - Application for Temporary Employment Certification  CW-1 application - Form ETA-9142C, and other supporting or required documentation  JVA - Job Vacancy Announcement  NOD - Notice of Deficiency  PWD – Prevailing Wage Determination  NOA – Notice of Acceptance 3 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Introduction: CW-1 employers must complete all required fields in the CW-1 application, and upload all required and relevant supporting documentation (e.g., Appendix B, FLC/E documents, job contractor agreement/contract, etc.) in OFLC’s FLAG system.

OFLC has encountered CW-1 applications that commonly present either form deficiencies (including recruitment report content), or prepared with unnecessary, ambiguous, overbroad, or conflicting content. 4 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Review of Common Deficiencies  Incomplete or Improperly Filed Form ETA-9142C  Inconsistencies Between the JVA and Form ETA-9142C  Inconsistencies Within the JVA  Recruitment Report 5 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Incomplete or Improperly Filed ETA-9142C  Job Duties in Section E.b.5 should NOT be copied and pasted from O*Net, often including the statement “See more occupations related to this task”. NOTE: While use of the O*Net occupation description when applying for a PWD is acceptable, the O*Net occupation description is not specific enough for a worker to have a meaningful understanding of what the job will entail. Therefore, the job duties listed in E.b.5 must be specific to the position requested.

6 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Incomplete or Improperly Filed Form ETA-9142C  Excessive education and/or experience - the experience requirements submitted in the application far exceed the normal requirements for the assigned occupation. TIP - Review O*NET to verify the months of required job experience for the assigned SOC code indicated at E.b.10 on the ETA-9142C align with what is normal and accepted for the occupation. For example: SOC code 37-3011, Landscaping and Groundskeeping Workers is classified as Job Zone One, meaning little or no experience is generally required to perform the job. An application indicating 24 months in field E.b.10 would generate a NOD requiring either the employer to explain the business necessity of the excessive experience requirement or deletion of the excessive experience requirement. *Note: Preferences are deemed as requirements 7 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Incomplete or Improperly Filed Form ETA-9142C  Requirements listed in E.b.12 must be specific and measurable/testable.

Examples of unacceptable ambiguous/subjective requirements:  Good moral character  Good communication skills  Honest and trustworthy  Strong interpersonal skills  Must be results oriented  Exceptional organizational skills  Requirements listed in E.b.12 must clearly relate to the occupation. TIP – All special requirements indicated in field E.b.12 of the ETA-9142C must be normal and accepted for the occupation or contain a clear and detailed description justifying their necessity. 8 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Incomplete or Improperly Filed Form ETA-9142C  Worksite does not show a physical location or has an incomplete address. TIP: If no street address is available, use a physical description or intersection to describe the worksite location.

9 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Incomplete or Improperly Filed Form ETA-9142C  Missing information Section E.c. Item 4.  State field left blank  Acceptable entries include: Northern Mariana Islands, CNMI, MP 10 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Incomplete or Improperly Filed Form ETA-9142C  Recruitment Information [E.e.1] missing specific “days and hours” for applicants to apply for the job opportunity.  Missing recruitment info or inconsistent phone numbers in recruitment info section [E.e.1, E.e.2]. 11 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Incomplete or Improperly Filed Form ETA-9142C: Mismatched Information  A.1 indicates application is a Renewal but no permit renewal date is put in A.2 TIP: If “Renewal is selected, the current expiration date must be entered in A.2.  A.1 indicates New Employment but renewal date is entered in A.2  Note: Renewal dates must not be in the past 12 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Incomplete or Improperly Filed Form ETA-9142C: Mismatched Information  A.3 indicates ‘No’ to long term workers, but the period of need exceeds one year. Non-long-term workers are limited to one year. TIP: Do not repeat same date as end date as start date.

Example:  April 1, 2023- March 31, 2024 is one year.  April 1, 2023 – April 1, 2024 is one year plus one day. End date limited to one year after Begin date when A.3 is ‘No’ 13 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Incomplete or Improperly Filed Form ETA-9142C: Mismatched Information  SOC code and SOC Occupational Title in E.a.1 and E.a.2 are inconsistent with those issued on PWD. These must match. TIP: Use the SOC Occupational Code and Occupational Title that are given in the PWD by the NPWC, Section E.3 and E.3a 14 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/16/20233/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Incomplete or Improperly Filed Form ETA-9142C: Mismatched Information  Requirements in E.b.8, E.b.9, and/or E.b.10 are not consistent with requirements listed in E.b.12 Example of Inconsistency 15 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Incomplete or Improperly Filed Form ETA-9142C: Mismatched Information  Supervision requirements – Job Duties in E.b.5 include supervisory duties or the occupation is for a Supervisory position, but E.b.11 is indicated as “No”.

16 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Incomplete or Improperly Filed Form ETA-9142C: Mismatched Information  Employer-Provided Tools and Equipment [E.d.5] indicates “N/A” when the job is one that typically uses tools. Examples: Auto Mechanic, Commercial Cleaner, Farm Worker, General Maintenance & Repair Worker, Binding and Finishing Worker. 655.423(k): 17 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Incomplete or Improperly Filed Form ETA-9142C: Mismatched Information  Section E.d.3 indicates “Yes”, but no OT wage is provided in E.c.6a TIP: If E.d.3 indicates “Yes”, then E.c.6a must list an OT wage 18 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Incomplete or Improperly Filed Form ETA-9142C Appendix C errors:  Only one page of the Appendix C submitted.  Section A filled out with employer point of contact information instead of agent or attorney information.  Section B not signed by the employer.  Signature date is not current dated December 2022.  Example: Application filed on April 1, 2023, but Appendix A is signed and TIP: Appendix C must be printed, signed and dated by the employer, then scanned and uploaded to the application as a PDF. 19 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Inconsistencies Between the JVA and ETA-9142C Many applications are denied due to discrepancies between the 9142C and the JVA.

When running advertisement after a Notice of Acceptance is issued, employers must ensure that all information in the JVA is consistent with the 9142C.  Provisions such as transportation, tools, housing marked “Yes” on 9142 but “None” on JVA, or vice versa.  Inconsistent educational and/or experience requirements between 9142 and JVA.  Dates of Need inconsistent.  Offered Wage & OT inconsistent.  Note: Another common deficiency is overtime wage written as $1.5 on JVA instead of dollar amount.  Pay frequency inconsistent between 9142C and JVA.  Inconsistent experience requirements, training requirements, and special requirements (additional requirements on JVA not present on 9142, or vice versa).  Inconsistent number of workers.  Work hours inconsistent between 9142C and JVA (35 vs 40 per week). 20 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Inconsistencies Between the JVA and ETA-9142C EXAMPLES: 21 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Inconsistencies within the JVA Many submitted JVAs also show internal inconsistencies. The following are common discrepancies:  Education requirement in one section differs from education requirement listed in descriptive paragraphs.  Number of workers differ between the line item and the descriptive paragraphs. TIP: Leave these items out of your descriptions and narratives.  Transportation will say “No”, but in the Comments section, employer explains that it provides transportation to worksite or that a company vehicle will be provided.  Overtime says “No”, but an Overtime Wage Rate is listed beneath it.

Key takeaway: Proofread the submission and ensure all information in the JVA and in the ETA-9142C is internally consistent within each document, and consistent between the two documents. 22 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Common Issues in Recruitment Report Most common issues:  Contact information not provided for all applicants.  Final disposition for all applicants not provided.  Employer did not provide the specific dates of the postings and/or JVA posting.  Employer did not clearly state that the posting was up in two conspicuous locations.  Missing statement regarding whether or not the employer had former employees to contact, and, if so, the final disposition of that contact.  The means and dates of contacting former employees not provided when applicable.  Contradictory information- employer states no applicants in the recruitment report but the JVA shows there were applicants. TIP: Employers should review the instructions in the NOA and make sure their recruitment report includes all the required information. 23 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Common Issues in Recruitment Reports  Many employers submit photos of their postings with their recruitment report.

Sometimes these photos show that the actual Form ETA-9142C was not posted, but instead a ‘help wanted’ notice was posted. CW-1 regulations require that the actual Form ETA-9142C be posted in two conspicuous locations. 24 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR End of the Presentation THANK YOU 25 CW-1 Temporary Employment Certification – Common Issues and Filing Tips; For Government Training Use Only 3/21/2023