OFLC Briefing May Sessions Entertainers FINAL

THAT’S ENTERTAINMENT!: 

THAT’S ENTERTAINMENT! Training & Employment Guidance Letter 31-05

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New York, NY Austin, TX Sacramento, CA Where to File The Country is Divided into 3 OSE Jurisdictions: OFFICES SPECIALIZING IN ENTERTAINMENT

NEW YORK OSE SERVICE AREA: 

NEW YORK OSE SERVICE AREA Start Dates in the Eastern United States Alabama Connecticut Delaware D.C. Florida Georgia Kentucky Maine Maryland Massachusetts Mississippi New Hampshire New Jersey New York No. Carolina Pennsylvania Puerto Rico Rhode Island South Carolina Tennessee Vermont Virginia Virgin Islands West Virginia 24 States

TEXAS OSE SERVICE AREA: 

TEXAS OSE SERVICE AREA Start Dates in the Central States Arkansas Illinois Indiana Iowa Kansas Louisiana Michigan Minnesota Missouri Ohio Oklahoma Nebraska New Mexico Texas Wisconsin 15 States

CALIFORNIA OSE SERVICE AREA: 

CALIFORNIA OSE SERVICE AREA Start Dates in Western States Alaska Arizona California Colorado Guam Hawaii Idaho Montana Nevada N. Dakota Oregon S. Dakota Utah Washington Wyoming 15 States

FEDERAL JURISDICTION: 

FEDERAL JURISDICTION Determinations are Issued by The Chicago National Processing Center

Determinations are based on:: 

Determinations are based on: An assessment of requirements of the role or the act to be performed The need to keep the unity of a group or company and support personnel The role of labor unions in this highly unionized field and their impact on employment opportunities The willingness of available United States workers to fulfill the employer’s prescribed itinerary

Special Information: 

Special Information Canadian musicians performing within 50 miles of the Canadian border for 30 days or less ARE NOT SUBJECT to these procedures In the Virgin Islands, the period of the labor certification MAY NOT EXCEED 45 days

WHO QUALIFIES ????: 

WHO QUALIFIES ???? Occupations shall include: Performers Technical and support personnel involved with a performance Traveling carnivals and concessionaires

Where to File ????: 

Where to File ???? In the OSE serving the area of intended employment where the employment will begin

What to File????: 

What to File???? Completed Form ETA 750, Part A Itinerary and duration of work in each location (if more than one site) Explanation of temporary need Documentation of employer’s effort, if any, to recruit U.S. workers. Copies of ads

OSE Responsibilities: 

OSE Responsibilities Review the application for completeness and determine the prevailing wage (daily, hourly, weekly) Prepare job order

OSE Responsibilities: 

OSE Responsibilities Direct advertising

Advertising and Recruiting – Employer Ad: 

Advertising and Recruiting – Employer Ad During the 10-day posting of the OSE job order, employer will run a newspaper ad for 3 consecutive calendar days The OSE will provide instructions to advertise in a newspaper with the widest circulation in the local area If the job is located in a rural area with no daily edition, employer shall use a daily edition published in the nearest urban area or other publication as determined by the OSE OSEs will not accept advertisements run on Internet sites! Employer must notify the OSE as to “WHEN” (i.e., calendar dates) the advertisements will run

Advertising and Recruiting – OSE Job Order: 

Advertising and Recruiting – OSE Job Order OSE will prepare a job order, using information on the application, and place it into the job bank for 10 calendar days OSE will accept for referral to the employer all qualified applicants Employer should initiate contact with unions or other recruitment sources, appropriate to the occupation and customary to the industry, for qualifies U.S. workers Employer must contact and evaluate all qualified applicants who are referred

Advertising: 

Advertising Newspaper/journals advertisements must contain the following: Employer’s name and location of work OSE contact information and job order number (directs U.S. workers to the OSE for referral to employer) Description of job opportunity with particularity Rate of pay including overtime, if applicable Prevailing working conditions such as housing, lifting, excessive heat, etc. Actual minimum job requirements (must match the application) Total job openings to be filled (must match the application) Indication the job is “temporary”

OSE Responsibilities: 

OSE Responsibilities Accept and review recruitment efforts

Written results of recruitment must:: 

Written results of recruitment must: Identify each recruitment source by name State the name, address, and telephone number of each United States worker who applied for the job Explain the lawful job-related reason for not hiring each United States worker

OSE Responsibilities: 

OSE Responsibilities Union Contact, if applicable

Procedures and Conditions for Union Contacts: 

Procedures and Conditions for Union Contacts OSE mails letter to the appropriate national union OSE allows five days for response from union Union must provide OSE with the name, address, telephone number of US workers for referral to employer

OSE Responsibilities: 

OSE Responsibilities Submit completed application to Chicago NPC

Prevailing Wage!!: 

Prevailing Wage!! Pay the prevailing wage for each location OR Pay the highest of the prevailing wages for all the locations The employer has the option to:

Carnivals & Concessionaires: 

Carnivals & Concessionaires

Carnivals & Concessionaires Responsibilities: 

Carnivals & Concessionaires Responsibilities File with the appropriate OSE (NY, TX or CA). Itineraries of locations and duration of work are acceptable Must pay the prevailing wage for each location or the highest p/w for all locations listed on the itinerary for work performed.

Carnivals & Concessionaires Responsibilities: 

Carnivals & Concessionaires Responsibilities Advertisements must be placed in a newspaper of general circulation, and not trade journals.    Conduct advertising in the first location of the itinerary where the application is filed.  The advertisement must set forth all work locations and applicable prevailing wages for each. 

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TEGL 31-05 Procedures for Temporary Labor Certification in the Entertainment Industry under the H-2B Visa Program Attachment 1 – Offices Specializing in Entertainment (OSE) Attachment 2 – THE MAP Unions frequently contacted in Arts & Entertainment In your package, you will find:

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The End