Permanent Labor Certification for Foreign Workers (17.272)

Program

17.272 Permanent Labor Certification for Foreign Workers

Federal Agency

Agency: Department of Labor
Office: Employment Training Administration

Authorization

Immigration and Nationality Act of 1952, as amended, Sections 101 (a) (15) H (II), 214 (c) and 212 (a) (5) (A), Section 101, 212, 214, Public Law 82-414, 66 Stat. 163, 8 U.S.C 1101 et seq.

Program Number

17.272

Last Known Status

Active

Objectives

To protect the jobs of American workers; ensure the wages and working conditions of U.S. workers will not be adversely affected by the admission of permanent foreign workers; and 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 Immigration and Nationality Act, foreign workers 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 Secretary of Homeland Security that there are not sufficient U.S. workers available for the position, and that the employment of such foreign workers will not adversely affect the wages and working conditions of U.S. workers similarly employed. The certified employer must hire the foreign worker as a full-time employee; there must be a bona fide job opening available to U.S. workers; job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

Eligibility Requirements

Applicant Eligibility

(1) Any employer who is unable to find qualified U.S. workers to meet his or her needs and seeks to hire a foreign worker to fill a given job vacancy on a permanent basis is eligible to file an application for permanent labor certification with the Department of Labor. (2) An employer who seeks to employ a foreign worker whose category of employment is included in the Department of Labor, Schedule A list of precertified occupations contained in Part 656, Title 20, Code of Federal Regulations is eligible to file an application directly with the appropriate U.S. Citizenship and Immigration Services Office.

Beneficiary Eligibility

Employers and foreign workers.

Credentials/Documentation

Employers seeking labor certification, and thereafter filing an immigration petition to sponsor a foreign worker for employment-based permanent residency, must document that worker's education, experience, and job qualifications to the satisfaction of the U.S. Citizenship and Immigration Services. This program is excluded from coverage under OMB Circular No. A-87.

Application and Award Process

Preapplication Coordination

Prior to filing the application for permanent employment certification, the employer must request a prevailing wage determination from the State Workforce Agency (SWA) having jurisdiction over the proposed area of intended employment and must attest, in addition to a number of other conditions of employment, to having conducted recruitment prior to filing the application. Commencing January 1, 2010, employers intending to file permanent labor certification applications must request prevailing wage determinations from the Employment and Training Administration�s center located in Washington, DC. This program is excluded from coverage under E.O. 12372. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedure

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Employers must file labor certification applications for permanent employment directly with the appropriate National Processing Center (except for Schedule A occupations). See http://workforcesecurity.doleta.gov/foreign/perm.asp for additional details.

Award Procedure

If the appropriate National Processing Center approves the application, the application form is "certified" (approved) by the Certifying Officer and returned to the employer/agent who submitted the application. The labor certification is then filed by the sponsoring employer in support of its immigrant worker petition with USCIS.

Deadlines

Not Applicable.

Range of Approval/Disapproval Time

Timeframe for processing of permanent labor certification applications varies with the circumstances of each case.

Appeals

The permanent labor certification program provides for reconsideration by a Certifying Officer of denial of an application, upon the employer's request. Instead of or following a request for reconsideration, requests for administrative review of final determinations (denials of permanent labor certification applications) may be made directly to the Department of Labor's Board of Alien Labor Certification Appeals (BALCA).

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

Statutory formulas are not applicable to this program.

Matching requirements are not applicable to this program.

MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

The Employment and Training Administration issues formula grants to State Workforce Agencies for activities supporting federal labor certification programs. Grants are issued on a fiscal year basis. For purposes of the permanent program, state labor agencies currently receive funding for processing and analysis necessary to issue prevailing wage rates to employers planning to file permanent labor certification applications. Commenting January 1, 2010, employers must request prevailing wage rates directly from the ETA prevailing wage determination center located in Washington, DC. See the following for information on how assistance is awarded/released: Fiscal year basis.

Post Assistance Requirements

Reports

Program reports are not applicable. Cash reports are not applicable. Progress reports are not applicable. Expenditure reports are not applicable. Performance monitoring is not applicable.

Audits

This program is excluded from coverage under OMB Circular No. A-133. Selected audits are conducted by the Department of Labor.

Records

The employer is required to retain all supporting documentation for five years from the date of filing the Application for Permanent Employment Certification.

Program Accomplishments

Fiscal Year 2008: Quarterly Workforce System Results Website: http://www.doleta.gov/performance/results/Archive_Reports.cfm. Fiscal Year 2009: Quarterly Workforce System Results Website: http://www.doleta.gov/performance/results/Reports.cfm?#etaqr. Fiscal Year 2010: Budget Performance Information is available at www.dol.gov/dol/aboutdol/main.htm#budget.

Financial Information

Account Identification

16-0179-0-1-999; 16-0172-0-1-504.

Obligations

(Salaries) FY 08 $41,000,000; FY 09 est $53,000,000; FY 10 est $53,000,000 - Funds for the Permament Labor Certification Program are not appropriated separately from other foreign labor certification funds.

Range and Average of Financial Assistance

No Data Available.

Regulations, Guidelines and Literature

References in the Code of Federal Regulations: For permanent employment-Title 20, CFR Part 656. Applicable statutes, regulations, and policies are described on the website of the Employment and Training Administration, Office of Foreign Labor Certification.

Related Programs

17.207 Employment Service/Wagner-Peyser Funded Activities; 17.273 Temporary Labor Certification for Foreign Workers

Information Contacts

Regional or Local Office

None. The following addresses, phone numbers, and FAX numbers should be used by employers and by State Workforce Agencies for either inquiries or the forwarding of applications materials, as appropriate. Please note, for all application materials, inquiries, and other correspondence sent to either the Atlanta or Chicago National Processing Center, envelopes should be clearly marked according to the appropriate program type. Atlanta Processing Center Address: Department of Labor, Employment and Training Administration, Harris Tower, 233 Peachtree Street, Suite 410 Atlanta, GA 30303, Telephone: (404) 893-0101 Fax: (404) 893-4642. Chicago Processing Center Address: Department of Labor, Employment and Training Administration, 844 North Rush Street, 12th Floor, Chicago, IL 60611 Telephone: (312) 886-8000 Fax: (312) 886-1688.

Headquarters Office

Leticia Sierra, Office of Foreign Labor Certification, National Office, 200 Constitution Avenue, NW, Room C-4312, Washington, District of Columbia 20210 Email: sierra.leticia@dol.gov Phone: 202-693-3010.

Web Site Address

http://www.foreignlaborcert.doleta.gov/.

Examples of Funded Projects

Not Applicable.

Criteria for Selecting Proposals

Not Applicable.