Foreign Labor Certification Organization

The Office of Foreign Labor Certification (OFLC) is located within the Employment and Training Administration, Office of National Programs, which is responsible for numerous programs including: the Office of Foreign Labor Certification, Division of Indian and Native American Programs, the Division of Older Worker Programs, the Division of Seasonal Farmworker Programs, and the Division of Disability and Workforce Programs.

The OFLC is responsible for the administration of the Foreign Labor Certification Programs, providing policy guidance to the certifying officers located at the regional offices. Two branches are responsible for the administration of specific foreign labor certification programs: one branch is responsible for the H-2A and H-2B temporary programs, while the other branch is responsible for the Permanent, H-1B, H-1C and D-1 programs.

Operationally, the regional offices interface with the national office to ensure program compliance with federal regulations. The State Workforce Agencies (SWAs) report to the regional offices. The SWAs are responsible for screening ETA forms and providing prevailing wage data to employers. The certifying officer at the regional offices make the decisions regarding the approval of foreign labor certifications. The DOL regional office receives policy guidance from the national office but they are completely responsible for the approval/denial of foreign labor certifications.