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Foreign Labor Certification

Welcome to the Office of Foreign Labor Certification (OFLC). OFLC is organized around a national office in Washington, DC, supported by two National Processing Centers in Atlanta and Chicago. This site is designed to provide information on the foreign labor certification process and how employers may apply to bring foreign workers into the United States for employment.

What's New

August 1, 2008 Department of Labor Employment and Training Administration Office of Foreign Labor Certification Program Debarments. click here


July 31, 2008   Important Notice:  Federal Minimum Wage
Please be advised that the Federal minimum wage has been established at $6.55 per hour effective July 24, 2008 for work performed from July 24, 2008 to July 23, 2009. The Federal minimum wage will increase to $7.25 per hour effective July 24, 2009 for work performed on or after July 24, 2009.


June 13, 2008   Important Notice: PERM Program Guidance Bulletin on the Clarification of Scope of Consideration Rule in 20 CFR 656.10(b)(2). (click here)


May 22, 2008   Important Notice: H-2B Program May 22, 2008, Notice of Proposed Rulemaking

The Department of Labor's Employment and Training Administration is proposing to amend its regulations to modernize the H-2B program for temporary non-agricultural employment of aliens in the United States. The Notice of Proposed Rulemaking (NPRM) was published in the May 22, 2008 issue of the Federal Register (73 FR No. 100, pages 29942-29975). The NPRM proposes to redesign the process by which U.S. employers seek labor certification from the Department of Labor for temporary labor under the H-2B visa program. The reengineered program would modernize the application process and strengthen program integrity. To view the NPRM, click here.

April 30, 2008  Webinar FAQs on Employment Verification for SWAs, Round 3

OFLC has released additional FAQs arising from questions posed by SWAs regarding their employment verification obligations. Read them here.


April 11, 2008  E-3 Final Regulations Published

The Department has issued final regulations regarding Labor Condition Applications (LCAs) for E-3 Australian nationals. The final regulations are effective immediately. To read the regulations click here.

April 4, 2008  Specialization FAQs, Round 1

OFLC has published the first round of FAQs regarding its upcoming transfer of functions between the Chicago and Atlanta National Processing Centers. The FAQs deal with transitional issues stemming from the specialization. Read them here


March 31, 2008, Employment Verification

Today the Office of Foreign Labor Certification posted new resources for State Workforce Agencies to assist in meeting the obligation to conduct employment eligibility verification on referrals in H-2A job orders. To view these resources please look under Quick Links.

March 31, 2008, Fraud FAQs, Round 2

OFLC has issued a second round of FAQs for issues stemming from the final fraud rule published in May 2007. Read the FAQs here.

March 27, 2008, Extension of Comment Period for H-2A Notice of Proposed Rulemaking

The Employment and Training Administration and the Employment Standards Administration recently issued a proposed rule to modernize the application process for and enforcement of temporary alien agricultural (H-2A) labor certifications. 73 FR 8538 (Feb. 13, 2008). Today the agencies published a Notice to extend the comment period through April 14, 2008. To read this notice, click here.

March 06, 2008, State Workforce Agency (SWA) Webinar FAQs on TEGL 11-07

SWAs have been given guidance regarding TEGL 11-07, change 1. The Office of Foreign Labor Certification is posting Round Two of FAQs from questions specifically posed by SWAs. They are provided to SWA staff to assist in the interpretation and implementation of the TEGL. To view the FAQs click here.

March 05, 2008, National Processing Centers

On March 5, 2008, the Department published in the Federal Register a Notice announcing upcoming changes in the filing locations of temporary and permanent labor certifications as well as withdrawals of labor certification applications and the filing of other nonimmigrant attestations and applications. These changes will be effective June 1, 2008. Read more about them here.

February 27, 2008, Adverse Effect Wage Rates

On February 26, 2008, the Department of Labor published a Notice in the Federal Register announcing the 2008 Adverse Effect Wage Rates (AEWRs), allowable meal charges, and maximum travel subsistence expenses. Click here to access the Notice. The 2008 AEWRs can also now be found on the wage information section of this website.

February 26, 2008, Permanent Labor Certification Program (PERM) Disclosure Data

On February 1, 2008, the ETA Office of Foreign Labor Certification (OFLC) released its official FY 2007 public disclosure data covering cases processed under the Permanent Labor Certification Program (PERM). PERM is commonly known as the “Green Card” employment -based immigration program. PERM data can be useful to public managers and workforce professionals at all levels of governance engaged in policy development and operational planning within a regional economic context. To learn more, click here.

February 13, 2008, Important Notice: H-2A Program February 13, 2008, Notice of Proposed Rulemaking

The Department of Labor's Employment and Training Administration is proposing to amend its regulations to modernize the H-2A program for temporary agricultural employment of aliens in the United States. The Notice of Proposed Rulemaking (NPRM) published in the February 13, 2008 issue of the Federal Register (Federal Register, Vol. 73, Number 30, pp 8538-8584). The NPRM proposes to redesign the process by which U.S. employers seek labor certification from the Department of Labor for temporary agricultural labor under the H-2A visa program. The re-design would modernize the application process and strengthen program integrity. To view the NPRM, click here. In addition, the U.S. Department of Homeland Security (DHS) has issued a proposed rule of modifications to provide employers with a streamlined hiring process for temporary and seasonal agricultural workers under the H-2A program. To view the DHS NPRM, click here.

February 12, 2008, E-Verify-State Workforce Agency MOU

The Department has been working with the Department of Homeland Security (DHS) and the Social Security Administration to provide State Workforce Agencies (SWAs) with access to the E-Verify employment eligibility verification system. SWAs are required to verify the employment eligibility of all referrals to H-2A job orders (see Training and Employment Guidance Letter 11-07, ch. 1, TEGL 11-07). The Memorandum of Understanding (MOU) is now available to enable SWAs to access E-Verify. The MOU must be submitted to DHS by the SWA in order to access the E-Verify system. To obtain the MOU click here .To obtain the SWA instructions for accessing and registering for E-Verify, click here.SWAs interested in submitting the MOU should contact the E-Verify office (e-verifyprograms@dhs.gov) to coordinate submission of the MOU to DHS.

February 8, 2008, Final Disposition

The Backlog Elimination Centers (BECs) in Dallas and Philadelphia closed on December 21, 2007. Cases that were in process at the time the BECs closed will be completed by the Office of Foreign Labor Certification’s personnel. The Backlog Public Disclosure System will continue to be active until the cases that are “in process” are completed. Case status can be checked at http://pds.pbls.doleta.gov. All disposition questions should be directed to the Chicago National Processing Center (NPC) at bec.chicago@dol.gov. Please include Attn: Backlog in the subject line. Please note that the Chicago NPC will not have direct access to case files and will only be able to provide limited information.
Appeal requests on cases denied by the BECs should be sent to the Chicago National Processing Center at the following address:
U.S. Department of Labor
Employment and Training Administration
ATTN: BEC Appeals
844 N. Rush Street
12th Floor
Chicago, IL 60611
For additional information, please read FAQs Round 8.

February 5, 2008, State Workforce Agency (SWA) Webinar FAQs on TEGL 11-07

SWAs have been given guidance regarding TEGL 11-07, change 1. The Office of Foreign Labor Certification is posting Round One of FAQs from questions specifically posed by SWAs. They are provided to SWA staff to assist in the interpretation and implementation of the TEGL. These answers were originally provided to participants on January 25, 2008. To view the FAQs click here.

December 12, 2007, H-2B Frequently Asked Questions

Round Two of H-2B Frequently Asked Questions are now available. Read about them here.

November 20, 2007, Important Notice, H-2A Program Guidance

On November 14, 2007, the Employment and Training Administration issued Training and Employment Guidance Letter (TEGL) 11-07 - Change 1, Clarification of Certain Procedures for Processing H-2A Labor Certification Applications, to clarify procedures for State Workforce Agencies (SWAs) and Employment and Training Administration Chicago National Processing Center (NPC) involved in the processing of H-2A labor certification applications for temporary agricultural employment of foreign workers in the United States. The TEGL applies to all H-2A labor certification applications pending with or received by the Chicago NPC and SWA received on or after the date the TEGL is issued. To read the TEGL as published November 20, 2007, in the Federal Register, click here.

to any dated correspondence as soon as possible regarding remaining cases to facilitate a final disposition.

September 24, 2007, Important Announcement

The New York Department of Labor's Foreign Labor Certification has moved its H-2B processing office from New York, New York to Albany, New York. To file an H-2B application in the state of New York, employers may forward their applications to:

New York State Department of Labor
Foreign Labor Certification Unit
Post Office Box 15127
Albany, New York 12212
Attn: Cynthia Baez
Phone: (518) 457-6823

To file an H-2A application in the state of New York, employers may forward their applications to:

NYS Department of Labor
Foreign Labor Certification – H2A
Building 12, Room 266
Albany, NY 12240
518-457-7001

To obtain a prevailing wage determination you may contact the New York State Department of Labor at:

Supervising Labor Service Rep.
New York State Department of Labor
1 Hudson Square
75 Varick Street
New York, N.Y. 10013
212-775-3798

For additional information please contact Ms. Cynthia Baez at H2BFLC@labor.state.ny.us or call 518-457-6823.

Further information regarding the New York Department of Labor's Foreign Labor Certification move to Albany, New York, please log onto: http://www.labor.state.ny.us/agencyinfo/
H-2BApplicationProcessingChange.shtm.

September 17, 2007, OFLC Performance Report

The Employment and Training Administration's (ETA's) Office of Foreign Labor Certification today posted the performance report--Foreign Labor Certification: International Talent Helping Meet Employer Demand. This report contains information on the reduction of the backlog of pending cases as well as results of a re-engineered PERM program including interesting facts about the jobs filled, employers that request them and the countries from which they come. It also provides similar information on the temporary programs. It also provides important information on the needs of employers in the dynamic U.S. economy. It contains important information for the public on labor market trends and occupational opportunities for Americans. Read the report here.