Department of Labor
Immigration Resources

Department of Labor 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.

OFLC processes PERM 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. The PERM program is designed to ensure that the admission of foreign workers into the US on a permanent or temporary basis will not adversely affect the job opportunities, wages, and working conditions of US 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 USCIS in the DHS, and the State Department.

 

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On its website, the U.S. Department of Labor provides the following information about Labor Condition Applications:

Overview of the H-1B, H-1B1, and E-3 Temporary Programs

H-1B

The H-1B program allows employers to temporarily employ foreign workers in the U.S. on a nonimmigrant basis in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor’s degree or the equivalent in the specific specialty (e.g., sciences, medicine, health care, education, biotechnology, and business specialties, etc.).

Current laws limit the annual number of qualifying foreign workers who may be issued a visa or otherwise be provided H-1B status to 65,000 with an additional 20,000 under the H-1B advanced degree exemption. For additional information regarding the H-1B cap, cap qualifications and H-1B petitions, see the U.S. Citizenship and Immigration Services (USCIS) website.

H-1B1

The H-1B1 program allows employers to temporarily employ foreign workers from Chile and Singapore in the U.S. on a nonimmigrant basis in specialty occupations. Current laws limit the annual number of qualifying foreign workers who may be issued an H-1B1 visa to 6,800 with 1,400 from Chile and 5,400 from Singapore. For information regarding the H-1B1 cap, H-1B1 cap qualifications and H-1B1 petitions, see the USCIS website or Consular sections of the Department of State website for Chile and or Singapore.

E-3

The E-3 program allows employers to temporarily employ foreign workers from Australia in the U.S. on a nonimmigrant basis in specialty occupations. Current laws limit the annual number of qualifying foreign workers who may be issued an E-3 visa to 10,500 Australian nationals seeking temporary work in specialty occupations. For information regarding the E-3 cap, E-3 cap qualifications and E-3 petitions, see the USCIS website or Consular sections of the Department of State website for Australia.

Department of Labor – Immigration Resources is divided into the following subtopics:

Department of Labor – Related Pages

Department of Labor – General Information

iCERT PORTAL – Department of Labor

LABOR CONDITION APPLICATIONS (LCAs)

ADMINISTRATIVE LAW JUDGES and BALCA

OCCUPATIONAL INFORMATION

PREVAILING WAGES

H-2A FARMWORKER ONLINE SYSTEM

DOL-ETA REGIONS

PRACTICE ADVISORIES REGARDING DEPARTMENT OF LABOR

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