Skip to content
  May 03, 2011

     Disclosure Data
        FAQs

 



Foreign Labor Certification

Bill Carlson Photo of Dr. William Carlson, Administrator Dr. William Carlson, Administrator

"WELCOME to the Office of Foreign Labor Certification (OFLC). We provide labor certification to employers seeking to bring foreign workers into the United States."

"To obtain certification employers must show that there are insufficient qualified U. S. workers available and willing to perform the work at the prevailing wage paid for the occupation. The intent is to ensure that admitting foreign workers does not adversely affect job opportunities, wages and working conditions for Americans."

More about OFLC mission and organization


Announcements

April 14, 2011. Application of the Prevailing Wage Methodology in the H-2B Program; Amendment of Appendix B.1

The Department has published in the Federal Register a notice announcing an amendment to the Appendix B.1 of the ETA Form 9142, Application for Temporary Employment Certification. The amendment reflects an employer's obligation to pay a prevailing wage determined under the new prevailing wage methodology promulgated by the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program Final Rule, which published in the Federal Register on January 19, 2011, and applies to wages paid for work performed on or after January 1, 2012. As of the date of this notice, all employers utilizing the H-2B program must submit the new Appendix B.1 with their applications. Read the text of the notice here.

March 18, 2011. Temporary Non-agricultural Employment of H-2B Aliens in the United States; Notice of Proposed Rulemaking: The Department has published today in the Federal Register a Notice of Proposed Rulemaking (NPRM) regarding the Temporary Non-agricultural Employment of H-2B Aliens in the United States (H-2B program). The NPRM proposes to amend the H-2B regulations at 20 CFR Part 655, Subpart A which govern the process by which employers apply for a temporary labor certification from the Department of Labor (Department) to be able to hire foreign workers in H-2B status. The Department is accepting comments on the proposed rulemaking until May 17, 2011. To read the full text of the NPRM and learn how to submit comments, please click here. To read a fact sheet from the Department regarding the NPRM, please click here.

March 15, 2011, Prevailing Wage FAQs: The Department has posted new Frequently Asked Questions (FAQs) to assist employers and others regarding prevailing wage requests and determinations. The FAQs are available here on the FAQs page of the OFLC website under the Prevailing Wage heading. The FAQs are organized by subject subheadings and each FAQ includes the relevant posting date.

January 19, 2011.  H-2B Program:  Wage Methodology Final Rule.  The Department has published in the Federal Register a Final Rule on the Wage Methodology for Temporary Non-agricultural Employment in the H-2B Program. The Final Rule revises the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with a temporary labor certification. The Final Rule is effective for wages paid for all work performed on or after January 1, 2012.  To read or download the Final Rule please click here.

January 18, 2011.  H-2B Program:  Wage Methodology Final Rule.  The Department has placed on the table to be published in the Federal Register a Final Rule on the Wage Methodology for Temporary Non-agricultural Employment in the H-2B Program. The Final Rule revises the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with a temporary labor certification. The Final Rule is effective for wages paid for all work performed on or after January 1, 2012.