FOREIGN LABOR

Employers interested in hiring foreign workers for employment in the U.S. must first file an Application for Permanent Employment Certification with the U. Department of Labor (USDOL), Employment and Training Administration (ETA). The foreign labor certification process is the responsibility of the employer and not the foreign national. Employers can bring in foreign workers on a PERMANENT or TEMPORARY basis. The procedures vary depending on the visa being requested (i.e. Permanent, H1B, H2B, etc.).

Since the application forms can be somewhat challenging, LOCAL SOLUTIONS will focus on assisting employers and foreign workers in completion of the following forms:

• ETA-9089, Application for Permanent Employment Certification;
• ETA-9142B, H2BApplication for Temporary Employment Certification;
• ETA-9035, Labor Condition Application for Nonimmigrant Workers;
• ETA-9141, Prevailing Wage (PERM/LCA/H2B).

Once an application is certified (approved) by the USDOL, ETA, an employer will petition the U.S. Citizenship and Immigration Services (CIS) for a visa, which is necessary for a non-U.S. citizen to enter, stay and work in the USA. An approval by the DOL does not guarantee that a visa will be issued. The Department of State (DOS) will issue an immigrant visa number to the foreign worker for U.S. entry. Applicants must also establish that they are admissible to the U.S. under the provisions of the Immigration and Nationality Act (INA).

Once an employer identifies a need to hire a foreign worker to fill a job vacancy, the employer must:

1. Ensure that the position meets the qualifying criteria for the requested program.
2. Ensure that the foreign national meets the minimum requirements needed to perform the job being offered.
3. The employer must complete the ETA form designated for the requested program and any supporting documentation (e.g., job description, resume of the applicant, etc.).
4. The foreign national must complete the appropriate section of the ETA form that pertains to him/her.
5. The employer must ensure that the wage offered equals or exceeds the prevailing wage for the occupation in the area of intended employment.
6. When an employer signs the ETA form, he/she must be aware of all employer compliances required.
7. The completed ETA form will be submitted to the designated Department of Labor office for the requested program (e.g., State Workforce Agency, national processing center or the national office).

LOCAL SOLUTIONS is available to assist employers seeking to fill a job opening with a foreign national with the completion of the above-mentioned application forms.

LOCAL SOLUTIONS is also available to assist employers and/or foreign nationals in locating an immigration lawyer as appropriate and necessary.

Additional resources/information: http://www.foreignlaborcert.doleta.gov/links.cfm