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The Foreign Labor Certification program establishes a means for an employer who anticipates a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. on a temporary or seasonal basis. TWC assists employers with temporary H-2A agricultural and H-2B nonagricultural job postings for recruitment of U.S. workers, conducts agricultural surveys, and reviews and processes temporary employment certification forms according to U.S. Department of Labor (DOL) regulations.
On this page:
The Foreign Labor Certification program serves employers who anticipate a shortage of domestic workers for temporary or seasonal work. The program:
Before granting visas for foreign workers, DOL must issue a certification indicating that:
The employer must submit a job posting to TWC to test the labor market to verify the above two criteria prior to certification.
TWC assists in the administration of two temporary foreign labor certification processes:
Both processes require the Secretary of Homeland Security to consult with appropriate agencies before admitting nonimmigrants.
Employer job order requirements:
DOL’s Foreign Labor Certification Report presents employment-based immigration program data drawn from applications submitted to DOL by employers across the country.
DOL, through the Employment and Training Administration, Office of Foreign Labor Certification’s national office and two processing centers, in cooperation with the State Workforce Agencies, administers various Foreign Labor Certification programs. Administration of the programs is mandated by the Immigration and Nationality Act and delineated by regulations in each program published in the Code of Federal Regulations.
TWC partners with DOL in the certification process for determining whether U.S. workers are available to fill jobs before employers may apply for foreign worker visas.
DOL allocates funds to the states for the administration of the temporary Foreign Labor Certification programs.
Foreign Labor Certification is governed by:
Various resources for researchers and employers on processing H-2A agricultural and H-2B nonagricultural applications.
Foreign Labor Certification–related forms and other resources.
Last Verified: December 17, 2012
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