Temporary Labor Certification for Foreign Workers

CFDA 17.273 Active Grant Other Non-Financial Assistance
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Program Funding

Annual program obligations reported to SAM.gov.

Latest annual funding (estimated)
$23.3M FY2026
$23.3M
FY24
$23.3M
FY25
$23.3M
FY26*
* estimated

Who has received this funding

Organizations awarded under CFDA 17.273 (USAspending.gov).

Funded Projects

Examples of what this program has supported.

FY2025 The Department of Labor adjudicated a record 24,626 applications for H-2A Labor Certification in FY 2025.

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

Audit Required
Yes — Random
Records Retention
3 years

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

Contacts

John Ake
(202) 693-3010
200 Constitution Ave., N.W., Washington, DC 20210
Data from SAM.gov Federal Assistance Listings. Source published: 2026-03-04. Spec v2.0. Last synced: 2026-05-28 07:25:14.