Change Text Size
|
| |
|
| Foreign Labor Certification Program |
|
| |
|
| |
The Foreign Labor Certification Program is federally funded through a contract with the U.S. Department of Labor. Prior to bringing foreign workers into the U.S., employers must file a labor certification application. In connection with filing a permanent labor certification application, the FLC Unit is required to determine the prevailing wage for the occupation in the area of intended employment. The employer can reject U.S. applicants only for job-related reasons.
|
| |
|
| |
| Regulations |
| 20 CFR Part 655 Subparts A, B, H Part 656 Subpart C, D |
| Types of Labor Certification Applications |
- Permanent Employment - Permits certain foreign workers to work in the U.S. on a permanent basis.
- Temporary Employment (H-2B) - Permits foreign non-agricultural workers to work in the U.S. for the period of need up to one year.
Instructions for Completing Form ETA 750, Part A for Temporary Non-Agriculture Employment
- Temporary Agriculture Employment (H-2A) - Permits foreign agricultural workers to work in the U.S. on a seasonal or temporary basis for less than one year.
- Specialty Occupations (H-1B VISA) - Permits foreign workers in specialty occupations to work in the U.S. for a period of up to three years with extensions up to an additional three years.
|
| Wages |
Required Wages: The Immigration and Nationality Act (INA) requires that the wages paid on labor certification applications to non-immigrants must be at least the higher of the actual wage rate paid to all other workers with similar experience and qualifications for the specific employment in question, or the prevailing wage rate for the occupational classification in the area of employment. The amended INA does not preclude the employer from paying non-immigrants more than the higher of the actual wage or the prevailing wage. The amended INA places the responsibility on the employer to establish the required wage rate that it must pay a non-immigrant based on the best information available at the time the application is filed.
|
| USCIS - (U.S. Citizenship and Immigration Service) Information, forms, fees, and filing instructions for the final stage of the Foreign Labor Certification process. |
| FREQUENTLY ASKED QUESTIONS about Foreign Employment Certification. |
| Please e-mail questions or comments to foreigncert@nhes.state.nh.us |
|
|
| |
|
|
| NH Employment Security is a proud member of America's Workforce Network and NH WORKS |
|
| |
The official web site of
New Hampshire Employment Security (NHES)
32 South Main Street :: Concord, NH 03301
603-224-3311 or 800-852-3400
email: webmaster@nhes.state.nh.us
TDD ACCESS: RELAY NH 1-800-735-2964
NHES Privacy Policy
|
| |
|