Temporary Labor Certification for Foreign Workers

To provide greater protection for U.S.

and foreign workers without interfering with an employer's right to obtain temporary foreign workers.

Also, to enable agricultural and other employers to obtain foreign workers for temporary or seasonal jobs when domestic workers are not available;
to protect domestic workers against unfair competition from foreign workers; and to assure adequate working and living conditions for domestic and foreign workers employed in similar tasks.
Related Programs

Grants for this Program

More Grants for this Program...

Agency - Department of Labor

The Department of Labor fosters and promotes the welfare of job seekers, wage earners and retirees by improving their working conditions, advancing their opportunities, protecting their retirement and health benefits and generally protecting worker rights and monitoring national economic measures.

Office - Contact the appropriate State Workforce Agency (See Appendix IV) or Employment and Training Administration National Processing Center.

The following addresses, phone numbers, and FAX numbers should be used by employers and by State Workforce Agencies for either inquiries or the forwarding of applications materials, as appropriate.

Please note, for all application materials, inquiries, and other correspondence sent to either the Atlanta or Chicago National Processing Center, or the ETA National Office, envelopes should be clearly marked according to the appropriate program type, i.e.

H-1B, H-1B1, E-3, H-2A, H-2B, or D-1.

Atlanta Processing Center Address: U. S. Department of Labor, Employment and Training Administration, Harris Tower, 233 Peachtree Street, Suite 410, Atlanta, GA 30303 Phone: (404) 893-0101 FAX: (404) 893-4642.

Chicago Processing Center Address: U. S. Department of Labor, Employment and Training Administration, 844 North Rush Street, 12th Floor, Chicago, IL 60611 Phone: (312) 886-8000 FAX: (312) 886-1688.
Website Address

http://www.foreignlaborcert.doleta.gov/




Program Accomplishments

In fiscal year 2006, the Office of Foreign Labor Certification issued 385,835 LCA determinations. In the H-2A program, OFLC certified 6,550 employers and 59,112 slots for foreign workers. In the H-2B program, employers requested certification of 247,218 workers (199,734 certified).

Uses and Use Restrictions

The Department of Labor issues labor certifications for temporary employment under several programs: H-1B Specialty (Professional) Worker Program, H-1B1 Specialty Worker Program (professionals from Chile or Singapore working in specialty occupations), E-3 Specialty Worker Program (professionals from Australia working in specialty occupations), H-2A Temporary Labor Certification (Agricultural), H-2B Temporary Labor Certification (Non-Agricultural), and D-1 Crewmember Program.

Under Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, nonimmigrant foreign workers cannot be admitted to work in a specialty occupation or as a fashion model unless the Secretary of Labor determines and certifies to the Secretary of Homeland Security the intending employer filed with and had approved by the Secretary an application under section 212(n)(1).

The labor condition application requires the employer to attest to compliance with program requirements, including certain working conditions and wages for foreign and U. S. workers.

Employers who need workers for temporary agricultural jobs may be certified to use foreign workers after the Secretary of Labor has determined that there are not sufficient domestic workers capable of performing the job duties and that the employment of foreign workers will not adversely affect the wages and working conditions of similarly employed domestic workers.

The Secretary of Labor will render only advisory opinions to the Secretary of Homeland Security on applications for foreign worker employment for temporary nonagricultural work under Section 101(a)(15)(H)(ii) of the Act.

Certifications will be made only after efforts to recruit domestic workers through the Federal-State employment service system are unsuccessful.

Performance of longshore work at U. S. ports by D-1 crewmembers on foreign vessels is generally prohibited with few exemptions.

The Department of Labor is responsible for administering two of those exemptions.

Employers in these ports are required to file an attestation stating that the use of alien crewmembers to perform longshore work is the prevailing practice for the activity at that port, there is no strike or lockout at the place of employment, and that notice has been given to U. S. workers or their representatives.

Another exception requires that, before using alien crewmen to perform longshore activities in the State of Alaska, the employer will make a bona fide request for and employ U. S. longshore workers who are qualified and available in sufficient numbers from contract stevedoring companies, labor organizations recognized as exclusive bargaining representatives of U. S. longshore workers, and private dock operators.

State Workforce Agencies receive grants to perform the following labor certification activities: provide prevailing wage determinations for all non-agricultural labor certification programs; process H-2B temporary non-agricultural labor certification applications; and receive new applications for H-2A temporary agricultural labor certifications, performing prevailing wage and prevailing practice surveys, ensuring housing inspections are conducted and processing job orders.

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