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  Foreign Labor Certification  
 
     
 
 Foreign Labor Certification Policies and Regulations Home
 
     
     
 

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.

Department of Labor Regulations Part 20 CFR 655




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
H-1C Nurses
D-1 Longshore work
 
     
  Department of Labor Regulations Part 20 CFR 656


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.



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:

For Historical Documents see Directives/Advisories - An online library of Directives

 
     
   Backlog  
     
 
TEGL 07-06 TEGL 07-06 RIR Conversion; Extension of the RIR Eligibility Date, and Amendments to GAL No. 2-02. 
 
     
     
  H-2A  
     
 
TEGL No. 11-07, Change 2: Clarification of Certain Procedures for Processing H2A Labor Certification Applications TEGL No. 11-07, Change 2: Clarification of Certain Procedures for Processing
H-2A Labor Certification Applications
TEGL 15-06 TEGL 15-06: Special Procedures for Processing H-2A Applications for Occupations Involved in the Open Range Production of Livestock
TEGL 17-06 TEGL 17-06: Special Procedures for Employers in the Itinerant Animal Shearing Industry Under the H-2A Program
ESPL 06-01 ESPL 06-01: Domestic Agricultural In-Season Wage Report Forms ETA 232 and ETA 232A
TEGL 16-06 TEGL 16-06: Special Procedures for Processing H-2A Applications for Multi-State Custom Combine Owners/Operators
FM 9-01: Special Procedures FM 9-01: Special Procedures in Place for Labor Certification for Sheepherders Under the H-2A Program
20 CFR Part 655 20 CFR Part 655: Labor Cert. and Petition Process for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the United States; Modification of Fee Structure; Withdrawal of Proposed Rule
Labor Certification and Petition Process Labor Certification and Petition Process for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the United States; Delegation of Authority To Adjudicate Petitions; Withdrawal of Final Rule
TEGL 23-01 chg 1 TEGL 23-01 chg 1: Clarification of Transportation Requirments
Under the H-2A Program
TEGL 21-01, Change 1 TEGL 21-01, Change 1: Notification Regarding Worker Abandonment, Rejection or Termination from H-2A Temporary Agricultural Employment
GAL 03-01 GAL 03-01: The Use of Sheepherders for Vegetation Management.
FM NO. 14-03 FM NO. 14-03: H-2A Orders and FOIA Requests
FM NO. 09-02 FM NO. 09-02: H-2A Compliance Review Checklist
FM NO. 08-02 FM NO. 08-02: Agricultural Prevailing Wage Determinations and
Agricultural Clearance Orders
FM NO. 04-02 FM NO. 04-02: Issuance of H-2A Labor Certification Final Determination
FM NO. 26-01 FM NO. 26-01: Improvements in H-2A Processing
FM NO. 24-01 FM NO. 24-01: Special Procedures: Labor Certification for
Sheepherders and Goatherders under the H-2A Program
FM NO. 22-01 ETA Handbook No. 385 FM NO. 22-01 ETA Handbook No. 385, Domestic Agriculture
In-Season Wage Finding Process
 
IB 10-01 H2A Compliance IB 10-01 H2A Compliance Review Checklist 
2007 Adverse Effect 2007 Adverse Effect Wage Rates
 
     
     
  H-2B  
     
 
TEGL 27-06: Special Guidelines TEGL 27-06: Special Guidelines for Processing H-2B Temporary Labor Certification in Tree Planting and Related Reforestation Occupations
TEGL 21-06, Change 1 TEGL 21-06, Change 1: Procedures for H-2B Temporary Labor
Certification in Non-Agricultural Occupations
TEGL 31-05: Procedures for Temporary Labor Certification TEGL 31-05: Procedures for Temporary Labor Certification in the Entertainment Industry under the H-2B Visa Program
 
     
     
  Prevailing Wage  
     
 
GAL 01-00 GAL 01-00: Availability and Use of Occupational Employment Statistics Survey Data for Alien Labor Certification Prevailing Wage Purposes
GAL 02-99 change 1 GAL 02-99 change 1: Availability and Use of OES Survey Data
for Alien Labor Certification...Purposes
GAL 02-98 GAL 02-98: Prevailing Wage Policy...
TEGL 05-02 TEGL 05-02: Clarification Of Level I And Level II Skill Levels For The Purposes Of Prevailing Wage Determinations
 
     
     
 
Created: September 17, 2009