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>> Foreign Labor Certification
Foreign Labor
Certification
The purpose of this
program is to assist employers in filling needs
that cannot be met with U.S. workers, while protecting U.S. workers against
competition from low wage foreign workers. To be in compliance with the
law and the regulations, the requesting employers are required to offer wages at
or above the prevailing wage for the position, working conditions must be the same as
afforded U.S. workers, and the request must be free of "unduly restrictive
requirements" (those not required of similarly employed U.S. workers).
Overview of the Foreign Labor Certification Program
Program Description: The Oklahoma Employment
Security Commission's Foreign Labor Certification (FLC) Program is federally
funded through a contract with the U.S. Department of Labor (DOL). For many
professional, technical, managerial and skilled occupations, the program allows
employers who have been unable to hire qualified workers eligible to work in the
United States to file a labor certification application with the Foreign Labor
Certification Section to bring foreign workers into the United States on a
permanent or temporary basis. The
employer is obligated to hire a U.S. worker if that worker meets the employer's
minimum qualifications. The employer can only reject U.S. applicants for job
related reasons. After completion of the application and recruitment process, the DOL's Regional office,
will make a determination of certification or
denial.
Regulations: 20 CFR, Part 655, Subpart A, B, H and Part 656
Types of Labor Certification Applications
- Permits certain
foreign workers to work in the U.S. on a permanent basis.
Special handling (Teaching)
- Permits certain foreign workers to
teach in a college or university on a permanent basis.
H-2B Temporary Employment - Permits foreign non-agricultural workers to
work in the U.S. for the period of need; however, the period of need must be
for no more than ten months.
H-2A
Temporary Agriculture Employment- Permits foreign agricultural
workers to work in the U.S. on a seasonal or temporary basis and may be
granted for up to ten months.
H1-B Specialty Occupations
- Permits foreign workers in specialty
occupations to work in the U.S. for a period of up to three years with
extensions up to an additional three years.
Forms and Instructions
Sources of Additional Labor Certification Information:
Required Wages: The Immigration and Nationality Act (INA) requires that
the wages paid on labor certification applications to non-immigrants must be at
least the higher of the actual wage rate paid to all other workers with similar
experiences and qualifications for the specific employment in question, or the
prevailing wage rate for the occupational classification in the area of
employment. The amended INA does not preclude the employer from paying
non-immigrants more than the higher of the actual wage or the prevailing wage.
The responsibility is placed on the employer to establish the required wage rate
that it must pay a non-immigrant based on the best information available at the
time the application is filed.
How to contact us:
U.S. Department of Labor
Employment and Training Administration
Chicago National Processing Center
844 N Rush St 12th Floor
Chicago IL 60611
Phone 323-886-8000
FAX 312-886-1688
Oklahoma Employment Security Commission
Foreign Labor Certification
2401 N Lincoln Blvd
P O Box 52003
Oklahoma City OK 73152-2003
Telephone Number: 405-557-7129
FAX Number: 405-557-7105
This page last updated on
10/09/2009
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