Temporary Labor Certification for Foreign Workers (17.273)

Program

17.273 Temporary Labor Certification for Foreign Workers

Federal Agency

Agency: Department of Labor
Office: Employment Training Administration

Authorization

Immigration Reform and Control Act of 1986
, Public Law 99-603, 100 Stat. 3359, 8 U.S.C 1186; Immigration Act of 1990, Public Law 101-649, 104 Stat. 4978, 8 U.S.C 1182(n), 1184; Omnibus Insular Areas Act of 1991, Public Law 102-232, 105 Stat. 1733, 8 U.S.C 1182; Immigration and Nationality Act of 1952, as amended, Sections 101(a)(15)(H), 212(n), 214(c) and 214(i), Section 101, 212, 214, Public Law 82-414, 66 Stat. 163, 8 U.S.C 1101 et seq.

Program Number

17.273

Last Known Status

Active

Objectives

To provide greater protection for U.S. and foreign workers while assisting U.S. employers to obtain temporary foreign workers, when needed. Also, to enable agricultural and other employers to obtain foreign workers for temporary or seasonal jobs when domestic workers are not available; and to assure adequate working and living conditions for domestic and foreign workers employed in similar tasks.

Types of Assistance

FORMULA GRANTS; PROVISION OF SPECIALIZED SERVICES

Uses and Use Restrictions

The Department of Labor issues labor certifications for temporary employment under several programs: H-1B Specialty (Professional) Worker Program, H-1B1 Specialty Worker Program (professionals from Chile or Singapore working in specialty occupations), E-3 Specialty Worker Program (professionals from Australia working in specialty occupations), H-2A Temporary Labor Certification (Agricultural), H-2B Temporary Labor Certification (Non-Agricultural), and D-1 Crewmember Program.

Eligibility Requirements

Applicant Eligibility

H-2A Program: An agricultural employer who anticipates a shortage of U.S. workers needed to perform agricultural labor or services of a temporary or seasonal nature. The employer may be an individual proprietorship, a partnership or a corporation. An association of agricultural producers may file as a sole employer, a joint employer with its members, or as an agent of its members. An authorized agent, whether an individual (e.g., and attorney) or an entity (e.g., an association), may file an application on behalf of an employer. Associations may file master applications on behalf of their members. H-2B Program: The job and the employer's need must be one time, seasonal, peak load or intermittent; the job must be for less than one year; and there must be no qualified and willing U.S. workers available for the job. An employer can file an application for labor certification with the appropriate National Processing Center of the Employment and Training Administration. State Workforce Agencies are federally funded to issue prevailing wage determinations for foreign labor certification programs.

Beneficiary Eligibility

Employers and foreign workers to be employed in specialty occupations or as fashion models or in temporary agricultural or non-agricultural employment.

Credentials/Documentation

In the major temporary labor certification programs, employers sponsoring foreign workers to fill a temporary need file the certification from the Department of Labor as documentation in support of their respective I-129 nonimmigrant worker petitions with the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS). In the H-1B1 and E-3 programs, a USCIS petition is not needed for initial visa issuance, and the foreign national may use proof of certification in support of the visa application. This program is excluded from coverage under OMB Circular No. A-87.

Application and Award Process

Preapplication Coordination

Preapplication coordination is not applicable. 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 contact the appropriate office of the Employment and Training Administration. Also see http://www.doleta.gov/business/gw/guestwkr/ for additional details on specific programs.

Award Procedure

Certifications are sent to the employer in support of the petition to be filed with the U.S. Citizenship and Immigration Services which determines admissibility and Visa classification. Certified copies of accepted attestations for the D-1 Crewmember program are returned to the employer and the USCIS is notified of the filing in writing. Grants: State Workforce Agencies receive funds upon acceptance of their work plans.

Deadlines

Not Applicable.

Range of Approval/Disapproval Time

H-1B: From one to seven days. H-2A: Statute requires an initial acceptance by ETA within seven days of filing, and a final determination 30 days prior to the employer's date of need. 8 U.S.C. Section 1188(c).

Appeals

There is no procedure for appealing Employment and Training Administration determination to accept or reject a Labor Condition Application. Complaints regarding misrepresentation in the attestation or failure of the employer to carry out the terms of the attestation may be filed with the Wage and Hour Division, Employment Standards Administration, Department of Labor.

Renewals

Treated as filing of new labor condition applications.

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

Fiscal year basis. See the following for information on how assistance is awarded/released: ETA issues formula grants to State Workforce Agencies to fund activities supporting federal labor certification programs.

Post Assistance Requirements

Reports

Activity and workload reports. Cash reports are not applicable. Progress reports are not applicable. Grants: Quarterly financial reports are required. Performance monitoring is not applicable.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Employer has to make a filed labor condition application and necessary supporting documentation available for public examination at the employer's principal place of business in the United States, or at the place of employment within one working day after the date on which the labor condition application is filed with the Employment and Training Administration. Complaints concerning misrepresentation in the attestation or failure of the employer to carry out the terms of the attestation may be filed with the Wage and Hour Division, Employment Standards Administration, Department of Labor. The Administrator, Wage and Hour Division, performs the entire Secretary's investigative and enforcement functions under 8 U.S.C. 1182(n) and subparts I and K of 29 C.F.R. Part 504.

Records

Employer shall make the Labor Condition Application (LCA) and necessary supporting documentation available for public examination at the employer's principal place of business in the United States or at the place of employment within one working day after the date on which the LCA is filed with Employment and Training Administration.

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

(Formula Grants) FY 08 $13,000,000; FY 09 est $15,000,000; FY 10 est $15,000,000 - Congressional funding for temporary labor certification programs is not appropriated separately from funds for other federal labor certification activities.

Range and Average of Financial Assistance

No Data Available.

Regulations, Guidelines and Literature

Further information concerning the program may be found at 20 CFR 655. Additional information on applicable statutes, regulations, and Departmental guidance is posted on the website of the Employment and Training Administration, Office of Foreign Labor Certification.

Related Programs

17.272 Permanent Labor Certification for Foreign Workers

Information Contacts

Regional or Local Office

None. Contact the appropriate State Workforce Agency (See Appendix IV) or 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, or the ETA National Office, envelopes should be clearly marked according to the appropriate program type, i.e. H-1B, H-1B1, E-3, H-2A, H-2B, or D-1. 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

Leticia Sierra, Office of Foreign Labor Certification, Employment and Training Administration Department of Labor, 200 Constitution Avenue, NW, Room C-4312, Washington, District of Columbia 20010 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.