H-2B temporary non-agricultural program employers, 2010 - 2015

April 13, 2015

Beryl C.D. Lipton
MuckRock News
Post Office Box 55819
Boston, Massachusetts 02205

RE: Freedom of Information Act Response Letter
Tracking Number 773461

Dear Mr. Lipton:

Thank you for your Freedom of Information Act (FOIA) request dated March 31, 2015, which was referred to the Office of Foreign Labor Certification (OFLC). You requested a list of all employers who successfully applied for labor certifications under the H-2B temporary non-agricultural program for the years 2010 through 2015.

Pursuant to Department of Labor regulations at 29 CFR § 70.21(d), when responding to a request, a component (of the Department) will ordinarily include only those records existing as of the date the component begins its search for them. If any other date is used, the component will inform the requester of that date. The OFLC has completed a search based on the information you provided and determined that this information is located on our Web site.

The requested information can be found on the OFLC Web site under the Disclosure Data and/or on the Foreign Labor Certification Data Center Website under the Case Disclosure Data Archive. Please note, you may need to sort the publically, accessible data to obtain the information you are seeking.

The Disclosure Data allows the public to access the latest quarterly and annual disclosure data in easily accessible formats for the purpose of performing in-depth longitudinal research and analysis. The OFLC case disclosure data is available for download by the Federal fiscal year cycle covering the October 1 through September 30 period (all disclosure data sets are saved in the Microsoft Excel (.xls) file format). Each data set is cumulative, containing unique records identified by the applicable OFLC case number, and any noticeable typographical or other data anomalies may be due to internal data entry or other external customer errors in completing the application form.
Select data fields for each case record are extracted from foreign labor certification application tables within OFLC case management systems based on the most recent date a determination decision was issued. Please refer to the File Structure document for each field title and respective field description.
You may reach the Disclosure Data using the following web address: http://www.foreignlaborcert.doleta.gov/performancedata.cfm. Once you reach this web address you will see four blue tabs. Click on the Disclosure Data tab then scroll down to the program and data year desired.

Please note: If you are seeking specific occupational names you may need the Standard Occupational Classification (SOC) code which classifies workers by occupational groups. The SOC can be found at the following web address: http://www.onetonline.org/.

You can reach the Foreign Labor Certification Data Center link using the following web address: http://flcdatacenter.com/. Scroll down to the Case Disclosure Data Archive on the left and click on H1B Data. Scroll down the page to the data year desired.

You can reach the Labor Certification Registry link using the following web address: http://icert.doleta.gov/

Additionally, if you are seeking a copy of documents on behalf of a specific alien or employer, you may initiate a new FOIA request. If you make a new request, please include the specific program documents you are seeking, the foreign worker's date of birth, the employer's name and/or company name, employer's address, filing attorney's name, filing attorney's business name and address and dates of filing. Then submit your request via mail, fax or e-mail, as follows:

U. S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification, Room C4312
Attn: FOIA Coordinator
200 Constitution Avenue, NW
Washington, D.C. 20210

Telephone: 202-693-3010
Fax: 202-693-2768

E-mail: foiarequest@dol.gov<mailto:foiarequest@dol.gov>.

Although we consider this reply responsive, you may file an appeal with the Solicitor of Labor within 90 days from the date of this letter. You may send you appeal via e-mail to FOIAAppeals@dol.gov<mailto:FOIAAppeals@dol.gov>, via regular mail to the Solicitor of Labor, Division of Management and Administrative Legal Services, Room N-2420, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, D.C. 20210 or via fax to (202) 693-5538. Appeals submitted to any other address will not be accepted. The appeal letter, envelope, e-mail subject line, and/or fax cover sheet should be clearly marked "Freedom of Information Act Appeal."

Next, your appeal must state in writing the grounds for the appeal, as well as supporting statements, arguments, a copy of your original/revised request, and a copy of this letter. The e-mail, fax and office are monitored only during normal business hours (8:30AM to 5:00PM, Eastern Standard Time, Monday through Friday). Appeals posted after normal business hours will be deemed received on the next business day.

I hope this information is helpful.

Sincerely,

Ms. Michelle Moreno
Freedom of Information Act Coordinator
Office of Foreign Labor Certification