Office of Foreign Labor Certification

The Office of Foreign Labor Certification (OFLC) provides national leadership and policy guidance to carry out the responsibilities of the Secretary of Labor under the Immigration and Nationality Act, as amended, concerning foreign workers seeking admission to the United States for employment.

OFLC provides labor certifications to employers seeking to bring foreign workers into the United States. Certification may be obtained in cases where it can be demonstrated that there are insufficient qualified U.S. workers available and willing to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

Foreign labor certification programs are designed to ensure that the admission of foreign workers into the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages, and working conditions of U.S. workers.

Employment based immigration is a complex process that may involve a number of government agencies within the Federal government—the Department of Labor, the United States Citizenship and Immigrant Services (USCIS) in the Department of Homeland Security, and the Department of State. The Immigration and Nationality Act (INA)(8 U.S.C. 1101 et seq.) regulates the admission of foreign workers into the United States. The INA designates the Attorney General and the Secretary of State as the principal administrators of its provisions. For a complete overview of the foreign labor certification process, click here.

OFLC Organization

The Office of Foreign Labor Certification (OFLC) is located within the Employment and Training Administration.

The Office of Foreign Labor Certification is organized around a national office in Washington DC, supported by two National Processing Centers (NPCs). The NPCs, located in Atlanta and Chicago, process applications filed since March 28, 2005, under the new, streamlined PERM program, as well as employer applications filed under the H-2A agricultural and H-2B nonagricultural labor certification programs. H-1B labor condition applications are largely filed electronically and processed exclusively by the automated system located in the national office.

The State Workforce Agencies (SWAs) work directly with the National Processing Centers. The SWAs processing attention now focuses primarily on the temporary programs (screening ETA application forms and conducting housing inspections) though they are also responsible for providing prevailing wage data across labor certification programs, including the permanent program. The certifying officer in the National Processing Center makes the determination regarding the approval of foreign labor certifications. The ETA National Processing Center receives policy guidance from the national office but they are responsible for the approval/denial of foreign labor certifications.

Biography of Administrator

• DR. WILLIAM L. CARLSON