|
Foreign labor certification programs are generally designed to assure that the
admission of aliens 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 aliens 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 Beth Goguen
at 617 626-6053 |
