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The Office of Foreign Labor Certification (OFLC), located within the Employment & Training Administration (ETA) of the U.S. Department of Labor provides national leadership and policy guidance to carry out the responsibilities of the Secretary of Labor under the Immigration and Nationality Act (INA), as amended, concerning the admission of foreign workers to the United States for employment.
“I hired Carl and his team of attorneys to help me acquire permanent residency in the United States. Carl has extensive experience both as an INS Prosecutor, and in private practice, which gives him a thorough understanding of the entire immigration process. He is also well-versed in U.S. immigration policy, and keeps up with the latest trends in immigration law.” (More client reviews…)
OFLC processes labor certification applications for employers seeking to bring foreign workers into the United States and grants certifications in those cases where employers can demonstrate that there are not sufficient U.S. workers available, willing and qualified to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment. Foreign labor certification programs are designed to ensure that the admission of foreign workers into the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages, and working conditions of U.S. workers.
Employment based immigration is a complex process that may involve a number of government agencies within the Federal government, including the Department of Labor, the United States Citizenship and Immigrant Services (USCIS) in the Department of Homeland Security, and the Department of State. The INA (8 U.S.C. 1101 et seq.) regulates the admission of foreign workers into the United States and further designates the Attorney General and the Secretary of State as the principal administrators of its provisions.
This page is divided into the following subtopics:
- General Information
- iCert Portal
- Foreign Labor Certification Programs
- Labor Condition Applications (LCAs)
- Administrative Law Judges & BALCA
- Occupational Information
- Prevailing Wages
- H-2A Farmworker Online Systems
- DOL-ETA Regions
GENERAL INFORMATION
- U.S. Department of Labor
- DOL’s Employment and Training Administration
- The Foreign Labor Certification Report -2010 Data, Trends and Highlights (117 pages)
- The Foreign Labor Certification Report – 2009 Data, Trends and Highlights (100 Pages)
- DOL Regulations – Live Q&A Session with ETA (December 8, 2009)
- “How Do I” Questions
- ETA News Releases
- ETA Library
iCERT PORTAL
- Welcome to the iCert Portal
- iCERT LCA Module User System (August 2009)
- Announcing the New iCERT Portal System for Temporary and Permanent Labor Certifications (4-15-09)
- iCert External User Guide, Version 1.0 (April 2009)
- iCert LCA Module External User Guide, Version 1.0 (April 2009)
LABOR CONDITION APPLICATIONS (LCAs)
- Labor Condition Application (LCA) Help Desk Fact Sheet (February 2009)
- LCA Online System
- LCA Online System: Frequently Asked Questions
- LCA Online System: User Guide
- Labor Condition Application Stakeholder Briefing Session-Table of Contents
- H-1B and LCA Regulations
- Compliance Assistance — Wage and Hour Division Administered Immigration Programs LCA Regulations
- H-1B Specialty (Professional) Workers
ADMINISTRATIVE LAW JUDGES and BALCA
- Office of Administrative Law Judges: Law Library (Immigration)
- USDOL/OALJ Reporter – LCA Decisions (Selected) BALCA Judges’ Benchbook (1992)
- BALCA En Banc Decisions
OCCUPATIONAL INFORMATION
- Occupational Outlook Handbook
- O*NET (Occupational Information Network)
- Dictionary of Occupational Titles
- Occupational Employment Statistics (OES) of the Bureau of Labor Statistics
PREVAILING WAGES
- DOL Online Wage Library
- National Prevailing Wage and Helpdesk Center Prevailing Wage FAQ (March 2010)
- Foreign Labor Certification Prevailing Wages
- ETA Form 9035CP-General Instructions for the 9035 & 9035E Appendix II: Sample of Acceptable Wage Survey Sources
- Occupation Employment Statistics (OES) Program
- OES Search Wizard – Use if you need help finding the BLS area code or the occupation code.
- U.S. Postal Service (for identifying counties for wage purposes)
- OES Quick Search – Use if you already know the area and occupation codes.
- Bureau of Labor Statistics (Homepage)
- Occupational Employment Statistics (Bureau of Labor Statistics)
