Foreign Labor Certification Policies and Regulations

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 H-1B1, E-3 – Temporary workers in the professions, specialty occupations, and 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: BACKLOG (Old Labor Cert. Process) TEMPORARY AGRICULTURE (H-2A) TEMPORARY NON-AGRICULTURE (H-2B) PREVAILING WAGE For Historical Documents see Directives/Advisories - An online library of Directives

Backlog
	TEGL 07-06 RIR Conversion; Extension of the RIR Eligibility Date, and Amendments to GAL No. 2-02.

H-2A
	TEGL 11-07, Change 1: Clarification of Certain Procedures for Processing H-2A Labor Certification Applications
	TEGL 15-06: Special Procedures for Processing H-2A Applications for Occupations Involved in the Open Range Production of Livestock
	TEGL 17-06: Special Procedures for Employers in the Itinerant Animal Shearing Industry Under the H-2A Program
	ESPL 06-01: Domestic Agricultural In-Season Wage Report Forms ETA 232 and ETA 232A (HTML document)
	TEGL 16-06: Special Procedures for Processing H-2A Applications for Multi-State Custom Combine Owners/Operators
	FM 9-01: Special Procedures in Place for Labor Certification for Sheepherders Under the H-2A Program (HTML document)
	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 (HTML document)
	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 (HTML document)
	TEGL 23-01 chg 1: Clarification of Transportation Requirments Under the H-2A Program (HTML document)
	TEGL 21-01, Change 1: Notification Regarding Worker Abandonment, Rejection or Termination from H-2A Temporary Agricultural Employment
	GAL 03-01: The Use of Sheepherders for Vegetation Management. (HTML document)
	FM NO. 14-03: H-2A Orders and FOIA Requests (HTML document)
	FM NO. 09-02: H-2A Compliance Review Checklist (HTML document)
	FM NO. 08-02: Agricultural Prevailing Wage Determinations and Agricultural Clearance Orders (HTML document)
	FM NO. 04-02: Issuance of H-2A Labor Certification Final Determination (HTML document)
	FM NO. 26-01: Improvements in H-2A Processing (HTML document)
	FM NO. 24-01: Special Procedures: Labor Certification for Sheepherders and Goatherders under the H-2A Program. (HTML document)
	FM NO. 22-01 ETA Handbook No. 385, Domestic Agriculture In-Season Wage Finding Process. (HTML document)
	IB 10-01 H2A Compliance Review Checklist (Text document)
	2007 Adverse Effect Wage Rates (HTML document)

H-2B
	TEGL 27-06: Special Guidelines for Processing H-2B Temporary Labor Certification in Tree Planting and Related Reforestation Occupations
	TEGL 21-06, Change 1: Procedures for H-2B Temporary Labor Certification in Non-Agricultural Occupations
	TEGL 31-05: Procedures for Temporary Labor Certification in the Entertainment Industry under the H-2B Visa Program

Prevailing Wage
	GAL 01-00: Availability and Use of Occupational Employment Statistics Survey Data for Alien Labor Certification Prevailing Wage Purposes (HTML document)
	GAL 02-99 change 1: Availability and Use of OES Survey Data for Alien Labor Certification...Purposes (HTML document)
	GAL 02-98: Prevailing Wage Policy... (HTML document)
	TEGL 05-02: Clarification Of Level I And Level II Skill Levels For The Purposes Of Prevailing Wage Determinations (HTML document)