Attestations by Employers Using Non-Immigrant Aliens in Specialty Occupations


To provide greater protection for U.S. and foreign workers without interfering with an employer's right to obtain temporary aliens to work in specialty occupations.

General information about this opportunity
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)
Program Number
Federal Agency/Office
Type(s) of Assistance Offered
Provision of Specialized Services.
Program Accomplishments
In fiscal year 2001, 299,628,358,794 attestations were received and processed.
Immigration and Nationality Act of 1952, as amended, Sections 101(a)(15)(H), 212(n), 214(c) and 214(i); Public Law 82-414, 66 Stat. 163, 8 U.S.C. 1101 et seq.; Immigration Act of 1990, Public Law 101-649, 104 Stat. 4978, 8 U.S.C. 1182(n) and 1184; Public Law 102-232, 105 Stat. 1733, 8 U.S.C. 1182 note.
Who is eligible to apply/benefit from this assistance?
Applicant Eligibility
Any employer can file a labor condition application with the regional office of the Employment and Training Administration. Approved applications are returned to the employer to be filed in support of the petition to be filed with the Immigration and Naturalization Service which makes the final decision whether to grant or deny the admission of foreign workers.
Beneficiary Eligibility
Employers and aliens to be employed in specialty occupations or as fashion models.
Aliens must document to the Immigration and Naturalization Service that they possess the qualifications to perform services in a specialty occupation as described and defined in section 214(i) of the Act, or as a fashion model of distinguished merit and ability.
What is the process for applying and being award this assistance?
Pre-Application Procedure
None. This program is excluded from coverage under E.O. 12372.
Application Procedure
Employers contact the appropriate office of the Employment and Training Administration and aliens contact a U.S. Consul abroad of the Immigration and Naturalization Service in the United States.
Award Procedure
Approval/Disapproval Decision Time
From 1 to 7 days.
No procedure for appealing ETA's 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.
Treated as filing of new labor condition applications.
How are proposals selected?
Not applicable.
How may assistance be used?
Under Section 101(a)(15)(H)(i)(b) of the Act, nonimmigrant aliens cannot be admitted to work in a specialty occupation or as a fashion model unless the Secretary of Labor determines and certifies to the Attorney General the intending employer filed with and had approved by the Secretary an application under section 212(n)(1). The labor condition application requires the employer to attest to certain elements regarding working conditions and wages of alien and U.S. workers.
What are the requirements after being awarded this opportunity?
The Employment and Training Administration compiles and maintains on a current basis for public examination in Washington, DC, a list of the labor condition applications. Such list is by employer, showing the occupational classification(s), wage rate(s), number of aliens sought, period(s) of intended employment, and date(s) of need for each employer's application.
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 U.S., 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 all the Secretary's investigative and enforcement functions under 8 U.S.C. 1182(n) and subparts I and K of 29 CFR Part 504.
Information not yet available.
Other Assistance Considerations
Formula and Matching Requirements
Not applicable.
Length and Time Phasing of Assistance
Not applicable.
Who do I contact about this opportunity?
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- 3708. Contact: Timothy Sullivan.
Website Address
Financial Information
Account Identification
(Salaries and Expenses) FY 02 $1,508,000; FY 03 est $5,000,000; and FY 04 est $6,245,000. Funds used are 32 percent of the total received from a $1,000 fee charged employers for each H-1B attestation processed by INS.
Range and Average of Financial Assistance
Not applicable.
Regulations, Guidelines and Literature
Further information concerning the program may be found at 20 CFR 655 and 29 CFR 504.
Examples of Funded Projects
Not applicable.