Labor Certification for Alien Workers (17.203)
Program
17.203 Labor Certification for Alien Workers
Federal Agency
EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
Authorization
Immigration and Nationality Act of 1952, as amended, Sections 101 (a) (15) H (II), 214 (c) and 212 (a) (5) (A), Public Law 82-414, 66 Stat. 163, 8 U.S.C. 1101 et seq.
Program Number
17.203
Last Known Status
Deleted 05/04/2006 (Program elements of 17.202, 17.203, and 17.252 regrouped into 17.272 and 17.273 to more clearly and accurately reflect the program purpose)
Objectives
To protect jobs of American workers and assure that the wages and working conditions of U.S. workers will not be adversely affected by the admission of nonagricultural workers. To assist employers by supplementing the work force with needed skills.
Types of Assistance
Provision of Specialized Services.
Uses and Use Restrictions
Under Section 212 (a) (5) (A) of the Act, aliens who seek to immigrate to the United States for employment shall be excluded from admission unless the Secretary of Labor determines and certifies to the Secretary of State and to the Attorney General that there are not sufficient U.S. workers available for the employment and that the employment of such aliens will not adversely affect the wages and working conditions of U.S. workers similarly employed; and render advisory opinions to the Attorney General on applications for alien employment for temporary nonagricultural work under Section 101(a)(15)(H)(II) of the Act.
Eligibility Requirements
Applicant Eligibility
(1) Any employer who is unable to find qualified workers to meet his or her needs is eligible to file an application for alien employment certification; and (2) an employer who requires alien whose category of employment is included in the Department of Labor, Schedule A list of precertified occupations contained in Part 656.10, Title 20, Code of Federal Regulations is eligible to file an application directly with the appropriate Immigration Service District Office.
Beneficiary Eligibility
Employers and aliens.
Credentials/Documentation
Aliens seeking labor certification must document their education and experience qualifications to the satisfaction of the Immigration Service. For all except schedule A occupations, documentation of the alien's qualifications must be filed with the Department of Labor.
Application and Award Process
Preapplication Coordination
None. This program is excluded from coverage under E.O. 12372.
Application Procedure
Employers contact the appropriate local office of the State employment security system, and aliens contact a U.S. Consul abroad or the Immigration and Naturalization Service in the United States.
Award Procedure
None.
Deadlines
None.
Range of Approval/Disapproval Time
Appeals
Review of denials for permanent alien workers may be made to the Department of Labor's Office of Administrative Law Judges. Denials of temporary nonagricultural workers are appealed to the Immigration and Naturalization Service.
Renewals
Not applicable.
Assistance Considerations
Formula and Matching Requirements
Not applicable.
Length and Time Phasing of Assistance
Not applicable.
Post Assistance Requirements
Reports
Not applicable.
Audits
Not applicable.
Records
Not applicable.
Program Accomplishments
For fiscal year 2001, 61,882 new permanent applications and 2,698 temporary non-agricultural applications were received.
Financial Information
Account Identification
16-0179-0-1-504; 16-0172-0-1-504.
Obligations
(Salaries and Expenses) FY 02 $36,300,000; FY 03 est $41,300,000; and FY 04 est $20,000,000. (Note: This program includes funds for programs 17.202, Certification of Foreign Workers for Temporary Agricultural Employment, and 17.252, Attestations by Employers Using Non-Immigrant Aliens in Specialty Occupations.)
Range and Average of Financial Assistance
Not applicable.
Regulations, Guidelines and Literature
References in the Code of Federal Regulations: For permanent employment-Title 20, CFR Part 656; for temporary employment-Title 20, CFR Part 621.
Related Programs
17.202, Certification of Foreign Workers for Temporary Agricultural Employment; 17.207, Employment Service.
Information Contacts
Regional or Local Office
Contact the local office of the State employment service and Employment and Training Administration regional offices listed in Appendix IV of the Catalog.
Headquarters Office
Director, United States Employment Service, Employment and Training Administration, Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 693- 3502. Contact: John Beverly.
Web Site Address
Examples of Funded Projects
Not applicable.
Criteria for Selecting Proposals
Not applicable.
