Permanent Labor Certification for Foreign Workers (17.272)

 

Program

17.272 Permanent Labor Certification for Foreign 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

17.272

 

Last Known Status

Active

 

Objectives

To protect the 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 permanent foreign workers and 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, 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 employment, 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 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 is eligible to file an application for foreign worker employment certification; and (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 656.10, 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, must document the foreign worker's education and experience qualifications to the satisfaction of the U.S. Citizenship and Immigration Services.

 

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. This program is excluded from coverage under E.O. 12372.

Application Procedure

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" (stamped) by the Certifying Officer and returned to the employer/agent who submitted the application.

Deadlines

None.

 

Range of Approval/Disapproval Time

Appeals

Review of denials for permanent labor certification applications may be made to the Department of Labor's Board of Alien Labor Certification Appeals (BALCA).

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

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

For fiscal year 2005, 51,476 new permanent applications were received.

 

Financial Information

Account Identification

16-0172-0-1-504.

Obligations

(Federal salaries and expenses) FY 05 $9,000,000; FY 06 est $42,000,000; and FY 07 est $50,000,000.

Range and Average of Financial Assistance

Not applicable.

 

Regulations, Guidelines and Literature

References in the Code of Federal Regulations: For permanent employment-Title 20, C.F.R. Part 656; for temporary employment-Title 20, C.F.R. Part 621.

 

Related Programs

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

 

Information Contacts

Regional or Local Office

Contact the State Workforce Agency (see Appendix IV) or the appropriate Employment and Training Administration National Processing Center. 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: U.S. Department of Labor Employment and Training Administration Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA 30303 Phone: (404) 893-0101 FAX: (404) 893-4642 Chicago Processing Center Address: U.S. Department of Labor Employment and Training Administration 844 North Rush Street, 12th Floor Chicago, IL 60611 Phone: (312) 886-8000 FAX: (312) 886-1688.

Headquarters Office

Administrator, Office of Foreign Labor Certification, Department of Labor, 200 Constitution Avenue, NW, C-4312, Washington, DC 20210. Telephone: (202) 693-3010. Contact: William L. Carlson.

Web Site Address

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

 

Examples of Funded Projects

Not applicable.

 

Criteria for Selecting Proposals

Not applicable.