Temporary Labor Certification for Foreign Workers

To provide greater protection for U.S.

and foreign workers, while assisting U.S.

employers seeking to hire temporary foreign workers when no able, willing, and qualified U.S.

workers are available.

To ensure that adequate working and living conditions are provided for foreign
and domestic workers.

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 - None.

All application materials, inquiries, and other correspondence regarding the Temporary Labor Certification Program should be sent to sent to: U. S. Department of Labor Office of Foreign Labor Certification Chicago National Processing Center 11 West Quincy Court Chicago, IL 60604-2105 Phone: (312) 886-8000 Fax: (312) 353-3352 Please note, for all application materials, inquiries, and other correspondence 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).



Selected Recipients for this Program


RecipientAmount Start DateEnd Date
Texas Workforce Commission $ 450,000   2017-10-012020-09-30
Employment & Economic Development, Minnesota Department Of $ 130,000   2017-10-012020-09-30
Labor, Connecticut Department Of $ 250,191   2017-10-012020-09-30
Workforce Solutions, New Mexico Department Of $ 70,000   2017-10-012020-09-30
Workforce Development, Indiana Dept Of $ 76,143   2017-10-012020-09-30
Labor And Workforce Development, New Jersey Department Of $ 400,000   2017-10-012020-09-30
Office Of Employment And Training $ 300,000   2017-10-012020-09-30
Employment, Oregon Department Of $ 396,565   2017-10-012020-09-30
Workforce Development, Iowa $ 225,000   2017-10-012020-09-30
Employment, Training And Rehabilitation, Nevada Department Of $ 115,000   2017-10-012020-09-30



Program Accomplishments

Fiscal Year 2016: In FY 2016, the Department processed 647,852 H-1B LCA applications, 8,684 H-2A applications, 7,209 H-2B applications, and 133,242 Prevailing Wage Determination requests. Fiscal Year 2017: No Current Data Available Fiscal Year 2018: No Current Data Available

Uses and Use Restrictions

Employers may, upon meeting certain conditions of employment, use this assistance to seek the admission of foreign workers for positions in the United States, provided that the employment of such foreign workers will not adversely affect the wages and working conditions of similarly-employed U. S. workers.

Assistance may also be used by States and U. S. Territories to conduct required activities under the Immigration and Nationality Act in support of employer applications for foreign workers.

Eligibility Requirements

Applicant Eligibility

H-2A Program: An agricultural employer who anticipates a shortage of U.S.

workers needed to perform agricultural labor or services of a temporary or seasonal nature may apply to the Department of Labor under the H-2A program.

The employer may be an individual proprietorship, a partnership, or a corporation.

An association of agricultural producers may file as a sole employer, a joint employer with its members, or as an agent of its members.

An authorized agent or attorney, whether an individual or an entity (e.g., an association), may file an application on behalf of an employer.

Associations may file master applications on behalf of their members. H-2B Program: The job and the employer's need must be one time, seasonal, peak load or intermittent; the job must be for less than one year; and there must be no qualified and willing U.S.

workers available for the job.

An employer must file an application for employment certification with the Chicago National Processing Center of the Employment and Training Administration.

The National Prevailing Wage Center issues prevailing wage determinations to employers considering whether or not to hire foreign workers on a temporary or permanent basis.

Beneficiary Eligibility

.

Credentials/Documentation

In the major temporary employment certification programs, employers sponsoring foreign workers to fill a temporary need file the certification from the Department of Labor as documentation in support of their respective I-129 nonimmigrant worker petitions with the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS). In the H-1B1 and E-3 programs, a USCIS petition is not needed for initial visa issuance and the foreign national may use proof of a labor condition application certification in support of the visa application. 2 CFR 200, Subpart E - Cost Principles applies to this program.

Aplication and Award Process

Preapplication Coordination

Preapplication coordination is not applicable.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. States and U.S. territories receive grant funds to support federal foreign labor certification activities. The grantees submit work plans each year to obtain continued eligibility for the grant. Employers who participate in foreign labor certification programs do not receive funding from these grants, but do benefit from the services offered by these state agencies to recruit U.S. workers for positions before they apply to hire a foreign worker. See https://www.foreignlaborcert.doleta.gov/ for more information on specific programs.

Award Procedures

Employers must prove they qualify for foreign labor certification before they can move to the next step of the employment-based immigration process. Certifications are sent to the employer in support of the petition to be filed with the U.S. Citizenship and Immigration Services which determines admissibility and visa classification. The employer, via the ETA Form 9142, advises as to the type of visa supported by the application. Certified copies of accepted attestations for the D-1 Crewmember program are returned to the employer and the USCIS is notified of the filing in writing. State Workforce Agencies receive grant funds upon acceptance of their annual work plans.

Deadlines

Not Applicable.

Authorization

Immigration and Nationality Act of 1952, as amended, Sections 101(a)(15)(H), 212(n), 214(c) and 214(i), Section 101, 212, 214, Public Law 82-414, 66 Stat. 163, 8 U.S.C 1101 et seq; Immigration Act of 1990, Public Law 101-649, 104 Stat. 4978, 8 U.S.C 1182(n), 1184; Omnibus Insular Areas Act of 1991, Public Law 102-232, 105 Stat. 1733, 8 U.S.C 1182; Immigration Reform and Control Act of 1986, Public Law 99-603, 100 Stat. 3359, 8 U.S.C 1186.

Range of Approval/Disapproval Time

H-1B: From one to seven days. H-2A: Statute requires an initial acceptance by ETA within seven days of filing and a final determination 30 days prior to the employer's date of need. 8 U.S.C. Section 1188(c).

Appeals

There is no procedure for appealing Employment and Training Administration determinations to accept or reject a Labor Condition Application submitted for the H-1B, H1-B1, and E3 Programs. Complaints regarding misrepresentation in the attestation or failure of the employer to carry out the terms of the attestation may be filed with the Wage and Hour Division of the Department of Labor.

Renewals

Treated as the filing of a new labor condition application.

Assistance Considerations

Formula and Matching Requirements

Statutory formulas are not applicable to this program. Matching requirements are not applicable to this program. MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Employer applications may be filed at any time. The Employment and Training Administration also issues grants to State Workforce Agencies for activities supporting the federal labor certification programs. These grants are issued on a fiscal year basis. See the following for information on how assistance is awarded/released: Assistance is provided to employer applicants based on the order in which the applications are received. Grants are provided to State Workforce Agencies on a fiscal year basis.

Post Assistance Requirements

Reports

Quarterly financial and workload reports from State Workforce Agencies.

Cash reports are not applicable.

Quarterly financial and workload reports from State Workforce Agencies.

Quarterly financial and workload reports from State Workforce Agencies.

Performance monitoring is not applicable.

Audits

In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503. States are regularly monitored for compliance with grant requirements. Employers may make a filed labor condition application and necessary supporting documentation available for public examination at the employer's principal place of business in the United States or at the place of employment within one working day after the date on which the labor condition application is filed with the Employment and Training Administration. The employer may post a hard copy notice or an electronic notice. The employer may post a completed copy of the LCA or may post all the information required in 20 CFR 655.734(a) (1) (ii). Complaints concerning misrepresentation in the attestation or failure of the employer to carry out the terms of the attestation may be filed with the Wage and Hour Division, Employment Standards Administration, Department of Labor. The Administrator, Wage and Hour Division, performs the investigative and enforcement functions detailed in 8 U.S.C. 1182(n) and subparts I and K of 29 C.F.R. Part 504.

Records

Program-related records, including financial records. Employer shall make the Labor Condition Application (LCA) and necessary supporting documentation available for public examination at the employer's principal place of business in the United States or at the place of employment within one working day after the date on which the LCA is filed with Employment and Training Administration.

Financial Information

Account Identification

16-0179-0-1-999.

Obigations

(Salaries) FY 16 $36,000,000; FY 17 est $36,000,000; and FY 18 est $36,000,000 - Congressional funding for temporary labor certification programs is not appropriated separately from funds for other federal labor certification activities. (Formula Grants) FY 16 $14,000,000; FY 17 est $14,000,000; and FY 18 est $14,000,000 - Congressional funding for temporary employment certification programs is not appropriated separately from funds for other federal labor certification activities.

Range and Average of Financial Assistance

No Data Available.

Regulations, Guidelines, and Literature

Further information concerning the program may be found at 20 CFR 655. Additional information on applicable statutes, regulations, and Departmental guidance is posted on the website of the Employment and Training Administration, Office of Foreign Labor Certification at www.foreignlaborcert.doleta.gov.

Information Contacts

Regional or Local Office

None. All application materials, inquiries, and other correspondence regarding the Temporary Labor Certification Program should be sent to sent to: U.S. Department of Labor Office of Foreign Labor Certification Chicago National Processing Center 11 West Quincy Court Chicago, IL 60604-2105 Phone: (312) 886-8000 Fax: (312) 353-3352 Please note, for all application materials, inquiries, and other correspondence 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).

Headquarters Office

John Ake 200 Constitution Ave., N.W. Box 12-200, Washington, District of Columbia 20210 Email: ake.john@dol.gov Phone: (202) 513-7350

Criteria for Selecting Proposals

Not Applicable.



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