Foreign Labor Certification Program

Hiring Foreign Workers
Employers seeking to bring foreign workers into the United States must receive certification from the U.S. Department of Labor, Division of Foreign Labor Certification. This certification may only 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 the occupation in the area of intended employment.
 
Protecting U.S. 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. The programs are designed to assure that admission of foreign workers will not adversely affect the job opportunities, wages and working conditions of U.S. workers.

Employer Compliance
A potential employer of foreign workers must be aware that in filing for a foreign labor certification, they are obligated to comply with all employment-related laws and regulations.

The Certification Process
Detailed information on the Foreign Labor Certification process can be found on the U.S. Department of Labor, Division of Foreign Labor Certification website. There are a some recent changes that should be noted by employers:
  • Effective 1/18/09, employers are no longer required to send H-2B applications to Workforce Department of Labor (WFDOL). H-2B applications sent to WFDOL after this effective date will be returned to the employer. H-2B applications are only processed by the U.S. DOL Chicago National Processing Center.
  • Effective 3/15/10, employers are required to commence pre-filing recruitment by submitting ETA form 790 as a job order intended for a future H-2A labor certification application. The employer must submit the job order no more than 75 calendar days and no fewer than 60 calendar days before the start date of need.