Foreign Labor Certification Policies and Regulations

Foreign Labor Certification

The Department of Labor through the Employment and Training Administration, Office of Foreign Labor Certification’s national office and two processing centers, in cooperation with the State Workforce Agencies (SWAs), administer various Foreign Labor Certification programs. Administration of the programs is mandated by the Immigration and Nationality Act (INA) and delineated by regulations in each program published in the Code of Federal Regulations (CFRs). The regulations provide guidance on the processing of applications, periods of validity, and employer responsibilities, etc. The Office of Foreign Labor Certification also provides further guidance through various directives and advisories such as Training and Employment Guidance Letters, General Administration Letters, and others. The applicable regulations and advisories are outlined below.

Directives/Advisories - An online library of Directives

Regulations

The INA directs the Secretary of Labor to certify that there are not sufficient workers who are able, willing, qualified and available and the employment of an alien will not adversely affect the wages and working conditions of workers in the United States similarly employed. The regulations of the Department of Labor delineate the specific rules to be followed for each program, which requires labor certification from the Secretary of Labor.

Temporary Programs

These regulations explain the procedures employers need to follow to obtain a labor certification to employ aliens in temporary position n the United States. Some of the more popular programs include:

H-2A	Temporary agricultural workers
H-2B	Temporary non-agricultural
H-1B	Temporary workers in the professions, specialty occupations & fashion models
D-1	Longshore work

Department of Labor Regulations Part 20 CFR 655

PERM Program Guidance Bulletin on the Clarification of Scope of Consideration Rule in 20 CFR 656.10(b)(2). (click here)

Permanent Program

These regulations explain the labor certification process for permanent employment of aliens in the United States. These regulations were completely replaced on March 25, 2005. To find the regulations which were in use prior to March 25, 2005, Click here.

Department of Labor Regulations Part 20 CFR 656

Policy Directives and Advisories

The Office of Foreign Labor Certification occasionally issues policy directives to help employees of the Department of Labor and SWAs, and also Employers who wish to employ alien labor, understand the procedures for filing and adjudicating applications for labor certification when the regulations are not definitive. These directives are issued by the Department and are updated periodically. The links below will take you to the most current policy directive for each program.

Current Directives/Advisories:

TEMPORARY AGRICULTURE (H-2A)
TEMPORARY NON-AGRICULTURE (H-2B)
PREVAILING WAGE

For Historical Documents see Directives/Advisories - An online library of Directives

H-2A

	TEGL No. 11-07, Change 2: Clarification of Certain Procedures for Processing H-2A Labor Certification Applications
	TEGL 15-06, Change 1 (June 14, 2011) Special Procedures: Labor Certification Process for Occupations Involved in the Open Range Production of Livestock under the H-2A Program
	TEGL 17-06, Change 1 (June 14, 2011) Special Procedures: Labor Certification Process for Employers in the Itinerant Animal Shearing Industry under the H-2A Program
	TEGL 33-10 (June 14, 2011)) Special Procedures: Labor Certification Process for Itinerant Commercial Beekeeping Employers in the H-2A Program
	TEGL 32-10 (June 14, 2011) Special Procedures: Labor Certification Process for Employers Engaged in Sheepherding and Goatherding Occupations under the H-2A Program
	TEGL 16-06, Change 1 (June 14, 2011) Special Procedures: Labor Certification Process for Multi-State Custom Combine Owners/Operators under the H-2A Program

H-2B

	TEGL 21-06, Change 1: Procedures for H-2B Temporary Labor Certification in Non-Agricultural Occupations
	TEGL 31-05: Procedures for Temporary Labor Certification in the Entertainment Industry under the H-2B Visa Program
	Training and Employment Guidance Letter NO. 27-06, Special Guidelines for Processing H-2B Temporary Labor Certification in Tree Planting and Related Reforestation Occupations

Prevailing Wage

	Policies and Regulations