Temporary Labor Certification for Foreign Workers
Program Funding
Annual program obligations reported to SAM.gov.
Who has received this funding
Organizations awarded under CFDA 17.273 (USAspending.gov).
- State Of California Employment Development Department 5 awards $10,572,819
- Department Of Labor New York 5 awards $8,603,728
Funded Projects
Examples of what this program has supported.
Program Objective
To ensure that the admission of foreign workers into the United States does not adversely affect the wages, working conditions, and employment opportunities of U.S. workers.
Eligibility
Eligible Applicants
- Nonprofit Organization
- Not-for-Profit Organization
- For-Profit Organization
- Small Business Person
- U.S. State Government
- U.S. Territory Government
Any U.S. employer that is unable to find a qualified and available U.S. worker and seeks to hire a foreign worker to fill a given temporary job opportunity is eligible to file an application for temporary labor certification with the Department of Labor (DOL)
DOL provides annual grants to State Workforce Agencies (SWAs) in 55 states and U.S. territories to support required state-level foreign labor certification activities. These activities include, but are not limited to, reviewing and placing job orders to recruit U.S. workers; conducting inspections of employer-provided housing for H-2A agricultural workers; assisting employers in the effective recruitment of U.S. workers; performing prevailing practice and wage surveys used to set the wages and working standards for occupations within the state; and conducting post-certification site visits to support employer compliance with H-2A and H-2B program requirements.
How to Apply
Award Procedure
If the Department of Labor approves the application for temporary labor certification, the Certifying Officer issues a certification to the employer that submitted the application (and/or their representative or agent). The temporary labor certification is then filed by the U.S. employer, along with other necessary documentation, in support of a nonimmigrant worker petition filed with United States Citizenship and Immigration Services.
State Workforce Agencies submit operational plans to the Department of Labor to establish continued eligibility for Foreign Labor Certification (FLC) grants. These plans describe each agency's planned FLC activities and workload expectations during the grant period.
H-1B: the Department of Labor (DOL) processes the application within seven days.
H-2A: DOL issues an initial acceptance by the within seven days of filing and a final determination at least 30 days prior to the employer's date of need.
Program details & compliance
Description
Foreign labor certification programs are designed to ensure that the admission of foreign workers into the United States will not adversely affect the job opportunities, wages, and working conditions of U.S. workers.
Temporary foreign labor certification programs permit U.S. employers to hire foreign workers on a temporary basis to fill jobs essential to the U.S. economy. Certification may 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 that occupation in the area of intended employment.
In most instances, before a U.S. employer can submit a nonimmigrant petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a labor certification.
Mission Categories
Primary: Economic Development
Other categories:
Labor Market Activity
Use of Funds
Allowed Uses
U.S. employers may, upon meeting certain conditions of employment and regulatory immigration requirements, use this assistance to seek the admission of foreign workers for temporary positions in the United States, provided that the employment of such foreign workers does not adversely affect the wages and working conditions of similarly-employed U.S. workers.
This assistance may also be used by States and U.S. Territories to conduct required activities under the Immigration and Nationality Act in support of the foreign labor certification programs. These activities include, but are not limited to, reviewing and placing job orders to recruit U.S. workers; assisting employers in the effective recruitment of U.S. workers; conducting safety inspections of employer-provided housing for H-2A agricultural workers; performing prevailing practice and wage surveys used to set the wages and working standards for occupations within the state; and conducting post-certification site visits to support employer compliance with H-2A and H-2B program requirements.
Restrictions
U.S. employers may, upon meeting certain conditions of employment and regulatory immigration requirements, use this assistance to seek the admission of foreign workers for temporary positions in the United States, provided that the employment of such foreign workers does not adversely affect the wages and working conditions of similarly-employed U.S. workers.
Required Documentation
In most temporary employment certification programs, U.S. employers seeking to hire foreign workers for a temporary period of need are required to obtain a labor certification from the Department of Labor. The certification, along with other necessary documentation, must be submitted in support of the respective I-129 nonimmigrant worker petition filed with the Department of Homeland Security’s United States Citizenship and Immigration Services (USCIS). In the H-1B1 and E-3 programs, however, a nonimmigrant worker petition is not needed for the initial visa issuance and the foreign national seeking to enter the United States may use proof of a labor condition application certification in support of the visa application filed with the Department of State.
Reporting & Compliance
Applicable 2 CFR 200 Subparts
- Subpart B — General Provisions
- Subpart C — Pre-Federal Award Requirements
- Subpart D — Post-Federal Award Requirements
- Subpart E — Cost Principles
- Subpart F — Audit Requirements