Foreign Labor Certification
A permanent labor certification
issued by the Department of Labor (DOL) allows an employer to hire a
foreign worker to work permanently in the United States. In most instances,
before the U.S. employer can submit an immigration petition to the Department of
Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the
employer must obtain an approved labor certification request from the DOL's
Employment and Training Administration (ETA). The DOL must certify to the USCIS
that there are no qualified U.S. workers able, willing, qualified and available
to accept the job at the prevailing wage for that occupation in the area of
intended employment and that employment of the foreign worker will not adversely
affect the wages and working conditions of similarly employed U.S. workers.
To improve the operations of the permanent labor certification program, ETA
published a final regulation on December 27, 2004, which required the
implementation of a new re-engineered permanent labor certification program by
March 28, 2005. This new electronic program has improved services to our various
stakeholders.
The DOL processes Applications for Permanent Employment Certification, ETA
Form 9089. The date the labor certification application is accepted for
processing is known as the filing date and is referred to by USCIS and the
Department of State as the priority date. After the labor certification
application is approved by the DOL, it should be submitted to the appropriate
USCIS service center with a From I-140, Immigrant Petition for Alien Worker. You
may access the State Department Visa Bulletin to learn which priority dates are
currently being processed.
Office of Foreign Labor Certification (OFLC). OFLC is
organized around a national office in Washington, DC, supported by two National
Processing Centers in Atlanta and Chicago. This site is designed to provide
information on the foreign labor certification process and how employers may
apply to bring foreign workers into the United States for employment.
Employers seeking foreign labor certifications may print these forms for
their use. These forms are provided as pdf files and must be accessed using
Adobe Acrobat Reader
Below
are the Processing Center offices that shall serve you in processing your
Permanent Employment Certification application. Please mail your signed
application to the region in the state your job offer is located. Refer to the
location, in this table, for the appropriate region and state it serves.
Nationl Processing
Center offices that serve you in processing your Permanent Employment
Certification application
About the Foreign Labor Certification Process
Hiring foreign workers for employment in the U.S. normally requires approval
from several government agencies. First, employers must seek labor certification
through the U.S. Department of Labor (DOL). Once the application is certified
(approved), the employer must petition the U.S. Citizenship and Immigration
Services (CIS) for a visa. Approval by DOL does not guarantee a visa issuance.
The Department of State (DOS) will issue an immigrant visa number to the foreign
worker for U.S. entry. Applicants must also establish that they are admissible
to the U.S. under the provisions of the Immigration
and Nationality Act (INA).
The foreign labor certification process is the responsibility of the
employer, not the employee; however, the employee can benefit from understanding
these programs. The actual procedures depend on the nature of the visa being
requested: Permanent, H-1B, H-1C, H-2A, H-2B, D-1.
Although each foreign labor certification program is unique, there are
similar requirements that the employer must complete prior to the issuance of a
labor certification. In general, the employer will be required to complete these
basic steps to obtain a labor certification:
Office of Foreign Labor Certification (OFLC).
Frequently Asked Questions
How to Hire
Foreign Workers
Foreign labor certification programs permit U.S. employers to hire foreign
workers on a temporary or permanent basis to fill jobs essential to the U.S.
economy. Certification may be obtained in cases where it can be demonstrated
that there are insufficient qualified U.S. workers available and willing to
perform the work at wages that meet or exceed the prevailing
wage paid for that occupation in the area of intended employment.
Foreign labor certification programs are designed to assure that the
admission of foreign workers into the United States on a permanent or temporary
basis will not adversely affect the job opportunities, wages, and working
conditions of U.S. workers.
Employment based immigration is a complex process that may involve a number
of government agencies within the Federal Department of Labor, the State
Department of Labor, the U.S. Citizenship and Immigration Services (CIS) and the
Department of State. The Immigration and Nationality Act (INA) (8 U.S.C. 1101 et
seq.) regulates the admission of foreign workers into the United States. The INA
designates the Attorney General and the Secretary of State as the principal
administrators of its provisions
Foreign Labor Certification State Contacts
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