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| 17.272 PERMANENT LABOR CERTIFICATION FOR FOREIGN WORKERS |
| FEDERAL AGENCY |
| EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR |
| AUTHORIZATION |
| Immigration and Nationality Act of 1952, as amended, Sections 101 (a) (15) H (II), 214 (c) and 212 (a) (5) (A), Public Law 82-414, 66 Stat. 163, 8 U.S.C. 1101 et seq. |
| OBJECTIVES |
| To protect the jobs of American workers; ensure the wages and working conditions of U.S. workers will not be adversely affected by the admission of permanent foreign workers; and assist employers by supplementing the work force with needed skills. |
| TYPES OF ASSISTANCE |
| Provision of Specialized Services. |
| USES AND USE RESTRICTIONS |
| Under Section 212 (a)(5)(A) of the Immigration and Nationality Act, foreign workers who seek to immigrate to the United States for employment shall be excluded from admission unless the Secretary of Labor determines and certifies to the Secretary of State and to the Secretary of Homeland Security that there are not sufficient U.S. workers available for the position, and that the employment of such foreign workers will not adversely affect the wages and working conditions of U.S. workers similarly employed. The certified employer must hire the foreign worker as a full-time employee; there must be a bona fide job opening available to U.S. workers; job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker's qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity. The employer must pay at least the prevailing wage for the occupation in the area of intended employment. |
| Applicant Eligibility |
| (1) Any employer who is unable to find qualified U.S. workers to meet his or her needs and seeks to hire a foreign worker to fill a given job vacancy on a permanent basis is eligible to file an application for permanent labor certification with the Department of Labor. (2) An employer who seeks to employ a foreign worker whose category of employment is included in the Department of Labor, Schedule A list of precertified occupations contained in Part 656, Title 20, Code of Federal Regulations is eligible to file an application directly with the appropriate U.S. Citizenship and Immigration Services Office. |
| Beneficiary Eligibility |
| Employers and foreign workers. |
| Credentials/Documentation |
| Employers seeking labor certification, and thereafter filing an immigration petition to sponsor a foreign worker for employment-based permanent residency, must document that worker's education, experience, and job qualifications to the satisfaction of the U.S. Citizenship and Immigration Services. |
| Preapplication Coordination |
| Prior to filing the application for permanent employment certification, the employer must request a prevailing wage determination from the State Workforce Agency (SWA) having jurisdiction over the proposed area of intended employment and must attest, in addition to a number of other conditions of employment, to having conducted recruitment prior to filing the application. This program is excluded from coverage under E.O. 12372. |
| Application Procedure |
| Employers must file labor certification applications for permanent employment directly with the appropriate National Processing Center (except for Schedule A occupations). See http://workforcesecurity.doleta.gov/foreign/perm.asp for additional details. |
| Award Procedure |
| If the appropriate National Processing Center approves the application, the application form is "certified" (stamped) by the Certifying Officer and returned to the employer/agent who submitted the application. The labor certification is then filed by the sponsoring employer in support of its immigrant worker petition with USCIS. |
| Deadlines |
| None. |
| Range of Approval/Disapproval Time |
| From six months to one year. |
| Appeals |
| The permanent labor certification program provides for reconsideration by a Certifying Officer of denial of an application, upon the employer's request. Instead of or following a request for reconsideration, requests for administrative review of final determinations (denials of permanent labor certification applications) may be made directly to the Department of Labor's Board of Alien Labor Certification Appeals (BALCA). |
| Renewals |
| Not applicable. |
| Formula and Matching Requirements |
| Not applicable. |
| Length and Time Phasing of Assistance |
| Not applicable. |
| Reports |
| Not applicable. |
| Audits |
| Selected audits are conducted by the Department of Labor. |
| Records |
| The employer is required to retain all supporting documentation for five years from the date of filing the Application for Permanent Employment Certification. |
| Account Identification |
| 16-0172-0-1-504, 16-0180-0-1-504. |
| Obligations |
| (Federal salaries and expenses) FY 07 $50,000,000; FY 08 est $63,000,000; and FY 09 est $72,000,000. |
| Range and Average of Financial Assistance |
| Not applicable. |
| PROGRAM ACCOMPLISHMENTS |
| For fiscal year 2006, 112,345 new permanent labor certification applications were received. |
| REGULATIONS, GUIDELINES, AND LITERATURE |
| References in the Code of Federal Regulations: For permanent employment-Title 20, CFR Part 656. |
| Regional or Local Office |
| The following addresses, phone numbers, and FAX numbers should be used by employers and by State Workforce Agencies for either inquiries or the forwarding of applications materials, as appropriate. Please note, for all application materials, inquiries, and other correspondence sent to either the Atlanta or Chicago National Processing Center, envelopes should be clearly marked according to the appropriate program type. Atlanta Processing Center Address: Department of Labor, Employment and Training Administration, Harris Tower, 233 Peachtree Street, Suite 410 Atlanta, GA 30303, Telephone: (404) 893-0101 Fax: (404) 893-4642. Chicago Processing Center Address: Department of Labor, Employment and Training Administration, 844 North Rush Street, 12th Floor, Chicago, IL 60611 Telephone: (312) 886-8000 Fax: (312) 886-1688. |
| Headquarters Office |
| Administrator, Office of Foreign Labor Certification, Department of Labor, 200 Constitution Avenue, NW, C-4312, Washington, DC 20210. Telephone: (202) 693-3010. Contact: William L. Carlson. |
| Web Site Address |
| http://www.foreignlaborcert.doleta.gov/ |
| RELATED PROGRAMS |
| 17.207, Employment Service/Wagner-Peyser Funded Activities; 17.273 Temporary Labor Certification for Foreign Workers. |
| EXAMPLES OF FUNDED PROJECTS |
| Not applicable. |
| CRITERIA FOR SELECTING PROPOSALS |
| Not applicable. |
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General Services Administration Office of Chief Acquisition Officer Regulatory and Federal Assistance Division (VIR) |
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