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Foreign Labor Certification

The Foreign Labor Certification program qualifies an employer to hire foreign or alien workers if an employer cannot find qualified and available U.S. workers to fill vacancies.The United State Department of Labor Employment & Training Administration offers a robust website that offers a variety of documents. Access the website now.

Documents (links to US Dept. of Labor site)

H-2A Defined By DOLETA:

The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Employment is of a seasonal nature where it is tied to a certain time of year by an event or pattern, such as a short annual growing cycle, and requires labor levels above what is necessary for ongoing operations. Employment is of a temporary nature when the employer's need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than 1 year.Access additional H-2A information.

H-2B Definition By DOLETA:

In order to issue an H-2B certification to an employer, the Department of Labor (Department) must determine that:
  1. there are not sufficient U.S. workers who are qualified and who will be available to perform the temporary services or labor for which an employer desires to hire foreign workers, and that
  2. the employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
To participate in the H-2B program, an applicant must be:
  • an employer possessing a valid Federal Employer Identification Number (FEIN),
  • that has a place of business (i.e., physical location) in the United States, and
  • a means by which it may be contacted for employment.
The employer's job opportunity (opportunities) must be:
  • temporary (9 months or less, except one-time occurrences),
  • full-time (35 or more hours per week), and
  • non-agricultural employment within a specified area(s) of intended employment.
The H-2B temporary non-agricultural program permits employers who meet the program requirements to hire nonimmigrant workers to temporarily come to the U.S. and perform non-agricultural services or labor based on the employer's temporary need. The employer applicant must establish that its need for non-agricultural services or labor is temporary in nature, regardless of whether the underlying job is permanent or temporary.
Temporary need must be established as one of the following:
  1. one-time occurrence;
  2. seasonal need;
  3. peakload need; or
  4. intermittent need.

With the exception of a one-time occurrence need which can last up to 3 years, temporary need will not be approved for longer than 9 months.Access additional H-2B information.


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Dixie Cravens Program Consultant Email (785) 291-3470 LinkedIn

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