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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

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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