Temporary Labor Certification for Foreign Workers
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.
General information about this opportunity
Last Known Status
Agency: Department of Labor
Office: Employment Training Administration
Type(s) of Assistance Offered
Federal Employment; Formula Grants; PROVISION OF SPECIALIZED SERVICES
Fiscal Year 2014: Budget Performance Information is available at www.dol.gov/dol/aboutdol/main.htm#budget. Fiscal Year 2015: No Current Data Available Fiscal Year 2016: No Current Data Available
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; Omnibus Insular Areas Act of 1991, Public Law 102-232, 105 Stat. 1733, 8 U.S.C 1182; Immigration Act of 1990, Public Law 101-649, 104 Stat. 4978, 8 U.S.C 1182(n), 1184; Immigration Reform and Control Act of 1986, Public Law 99-603, 100 Stat. 3359, 8 U.S.C 1186.
Who is eligible to apply/benefit from this assistance?
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 or attorney, whether an individual 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 must file an application for employment certification with the Chicago 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.
Grants support state activities to help employers recruit U.S. workers before seeking to hire a foreign worker. These labor conditiona applications and foreign labor certification programs govern employers who have a need for workers in specialty occupations, or as fashion models of distinguished merit and ability, or in temporary agricultural or non-agricultural employment.
In the major temporary employment 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 labroconditiona application certification in support of the visa application. 2 CFR 200, Subpart E - Cost Principles applies to this program.
What is the process for applying and being award this assistance?
Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.
2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. States and U.S. territories receive these to support federal foreign labor certification activities. They submit work plans each year to obtain continued eligibility for the grant. Employers who participate in foreign labor certification programs do not receive funding from these grants, but do benefit from the services offered by these state agencies to recruit U.S. workers for positions before they apply to hire a foreign worker. 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.
State Workforce Agencies receive notification of grant award after federal approval of their workplans. Employers must prove they qualify for foreign labor certification before they can move to the next step of the employment-based immigration process. 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. The employer, via the ETA Form 9142, advises as to the type of visa which is supported by the application. 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.
Approval/Disapproval Decision 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).
There is no procedure for appealing Employment and Training Administration determination to accept or reject a Labor Condition Application submitted for the H-1B, H1-B1, and E3 Programs. 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 at the Department of Labor.
Treated as the filing of a new labor condition application.
How are proposals selected?
How may assistance be used?
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 Employment Certification (Agricultural), H-2B Temporary Employment Certification (Non-Agricultural), and D-1 Crewmember Program.
What are the requirements after being awarded this opportunity?
Activity and workload reports. Cash reports are not applicable. States file quarterly financial reports to report on spending against the total grant. Grants: Quarterly financial reports are required. States file quarterly financial reports to report on spending against the total grant. Performance monitoring is not applicable.
In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503. States are regularly monitored for compliance with grant requirements. Employer may 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. The employer may post a hard copy notice or an electronic notice. The employer may post a completed copy of the LCA or may post all the information required in 20 CFR 655.734(a) (1) (ii). 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.
Program-related records, including financial 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.
Other 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.
Who do I contact about this opportunity?
Regional or Local Office
None. Contact the appropriate State Workforce Agency (See Appendix IV) or Employment and Training Administration Chicago 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 Chicago National Processing Center, or the Employment and Training Administration’s Office of Foreign Labor Certification, 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. Chicago Processing Center Address: U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, Chicago National Processing Center, 11 West Quincy Court, 844 North Rush Street, 12th Floor, Chicago, IL 60611 60604-2105 Phone : (312) 886-8000 FAX: (312) 886-1688.
John Ake 200 Constitution Ave., N.W., Washington, District of Columbia 20210 Email: email@example.com
(Salaries) FY 14 $24,000,000; FY 15 est $24,000,000; and FY 16 est $31,000,000 - Congressional funding for temporary labor certification programs is not appropriated separately from funds for other federal labor certification activities. (Formula Grants) FY 14 $14,000,000; FY 15 est $14,000,000; and FY 16 est $14,000,000 - Congressional funding for temporary employment 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.
Examples of Funded Projects