Foreign labor certification programs are generally designed to assure that the admission of foreign workers to work in this country on a permanent or temporary basis will not adversely affect the job opportunities, wages and working conditions of U.S. workers. The U.S. Department of Labor and the State Workforce Agencies (SWAs) jointly administers these programs.

Permanent Labor Certification
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.

The labor certification process requires the employer to recruit U.S. workers at prevailing wages and working conditions through the State Workforce system, by advertising, posting notice of the job opportunity, and by other appropriate means. The U.S. DOL certifying officer makes a decision to grant or deny the labor certification based on the results of the employer's recruitment efforts and compliance with applicable regulations.

H-2B Temporary Labor Certification
Under the H-2B nonimmigrant visa classification, foreign workers may come temporarily to the United States to perform temporary non-agricultural work. The process for obtaining an H-2B labor certification is very similar to that required for permanent labor certification, but is not as extensive or time consuming. The labor certification may be issued for a period of up to one year, renewable for a maximum of three years. The Immigration and Nationality Act places a limit on the number of foreign workers that can be admitted to the U.S. on H-2B visas.

H-2A Temporary Labor Certification
The H-2A temporary agricultural program establishes a process for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. The program is authorized by the Immigration and Nationality Act (INA) as amended by the Immigration Reform and Control Act (IRCA) of 1986.

The purpose of the H-2A program is to assure employers an adequate labor force on the one hand and to protect the jobs and wages of U.S. workers on the other. Labor certification under this program can not be granted until it is shown that there are not sufficient U.S. workers available for the job, and the employment of foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

For more information, please contact Jose Ocasio at 617 626-5587 or Email at Jocasio@detma.org.