Labor Certificate

In order to bring a foreign national into the United States for employment, whether it is temporary or permanent employment, U.S. employers are required to pursue labor certification from the Office of Foreign Labor Certification (OFLC) in the Department of Labor's Employment and Training Administration. The labor certification must be made before the employer can apply for an immigrant or nonimmigrant visa for the employee. In order for the OFLC to grant a certification, the employer must demonstrate that there are insufficient qualified U.S. workers available and willing to perform the work at wages that meet the prevailing market wage for that occupation in the intended area of employment. The OFLC requires this of employers in order to ensure that the U.S. job market is not negatively affected by an overload of foreign workers willing to make less in salary for a job than an American. The OFLC coordinates the following labor certification programs, each with slightly different paperwork and requirements: Permanent Labor Certification; H-1B Specialty Workers; H-1C Nurses in Disadvantaged Areas; H-2A Temporary Labor Certification for Seasonal Agricultural Workers; H-2B Temporary Labor Certification for Non-agricultural Workers; and D-1 Crewmembers Certification.

Fast Facts

  • The prevailing wage rate is the average wage paid to workers engaged in a similar job in the same area of employment and is usually determined by the State Workforce Agency (SWA).
  • The H-1B, H-1B1, and E-3 programs require that employers offer either the prevailing wage rate or the actual wage paid to other workers working for the same employer with similar skills and qualifications, whichever is higher.
  • Some of the forms for labor certification are available for electronic filing online including the Permanent Labor Certification and the H-1B LCA.

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