Alien Labor Certification Program

PROGRAM DESCRIPTION: The Texas Workforce Commission's Alien Labor Certification (ALC) Program is federally funded through a contract with the U.S. Department of Labor (DOL). For many professional, technical, managerial and skilled occupations, the program allows employers who have been unable to hire qualified workers eligible to work in the United States to file a labor certification application with the Alien Labor Certification Section to bring foreign workers into the United States on a temporary basis. ALC Staff issues a priority date and process the application. In connection with filing the labor certification application, the ALC staff is required to determine the prevailing wage for the occupation in the area of intended employment and to initiate a work search to recruit and refer qualified U.S. workers for the job opening. The employer is obligated to hire a U.S. worker if that worker meets the employer's minimum qualifications. The employer can only reject U.S. applicants for job related reasons. After completion of the correction and recruitment process, the application is forwarded to the DOL's Chicago National Processing Center, for certification or denial. The U.S. Department of Homeland Security also accepts applications directly for certain shortage occupations such as Professional Nurse. Refer to other internet web sites for contact information.

REGULATIONS: 20 CFR, Part 655, Subpart A, B, H and Part 656

TYPES OF LABOR CERTIFICATION APPLICATIONS:

• PERMANENT EMPLOYMENT - Permits certain foreign workers to work in the U.S. on a permanent basis.
• TEMPORARY EMPLOYMENT - Permits foreign non-agricultural workers to work in the U.S. for the period of need; however, the period of need must be for less than ten (10) months.
• TEMPORARY AGRICULTURE EMPLOYMENT - Permits foreign agricultural workers to work in the U.S. on a seasonal or temporary basis and may be granted for less than ten (10) months.
• H1-B SPECIALTY OCCUPATIONS - Permits foreign workers in specialty occupations to work in the U.S. for a period of up to three years with extensions up to an additional three years. H-1B visas may be renewed annually after six years, if an application for permanent labor certification has been filed with DOL.

SOURCES OF ADDITIONAL LABOR CERTIFICATION INFORMATION:

• PREVAILING WAGE PROCESS - Permits employers to obtain prevailing wage information for permanent applications, or H-1B and F-1 visa purposes.
• INTERNET WEB SITES - Provides internet addresses for web pages of various federal agencies.

REQUIRED WAGES: The Immigration and Nationality Act (INA) requires that the wages paid on labor certification applications to nonimmigrants must be at least the higher of the actual wage rate paid to all other workers with similar experiences and qualifications for the specific employment in question, or the prevailing wage rate for the occupational classification in the area of employment. The amended INA does not preclude the employer from paying nonimmigrants more than the higher of the actual wage or the prevailing wage. The responsibility is placed on the employer to establish the required wage rate that it must pay a nonimmigrant based on the best information available at the time the application is filed.

WHERE TO FILE APPLICATION:

For permanent applications using ETA Form 9089 for the PERM program

U. S. Department of Labor
Employment and Training Administration
844 North Rush Street, 12th Floor
Chicago, Illinois 60611
Telephone Number: (312) 886-8000
Fax Number: (312) 886-1688

For temporary applications using ETA Form 750A

Texas Workforce Commission
Alien Labor Certification
101 E. 15th Street, Room 202T
Austin, Texas 78778-0001
Telephone Number: 512-475-2571
Fax Number: 512-463-3055

If a courier service is used, the following physical address should be used:

Alien Labor Certification, Room 202T
Texas Workforce Commission
1117 Trinity Street
Austin, Texas 78701

Please e-mail questions or comments to alienlabor@twc.state.tx.us

Return to the Alien Labor Certification Home Page