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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. |
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