Purpose: The purpose of this program is to assist employers in filling personnel needs that cannot be met with U.S. workers, while protecting U.S. workers from competition from low-wage foreign workers. To be in compliance with the law and the regulations, the requesting employers are required to offer wages at or above the prevailing wage for the position and working conditions the same as afforded U.S. workers. The request must also be free of "unduly restrictive requirements" (those not required of similarly employed U.S. workers).   

Permanent Labor Certification: An employer seeking to bring a foreign worker into the United States to work on a full-time permanent basis must obtain a Labor Certification from the U.S. Department of Labor prior to filing for Permanent Residency with the  U.S Citizenship and Immigration Services (USCIS) . The Labor Certification process requires an employer to complete an Application for Permanent Employment Certification (ETA 9089) . The application will describe in detail the job duties, educational requirements, training, experience, and other special capabilities the employee must possess to do the work; and include detailed information of the prospective immigrant's qualifications.

Information on application form ETA 9089 and how to apply for a Permanent Labor Certification: http://www.foreignlaborcert.doleta.gov/perm.cfm .   

H-2B Temporary: Employers seeking to bring one or more foreign workers into the United States to work on a temporary non-agricultural basis must file FORM ETA 750 A in duplicate to the State Workforce Agency (SWA) for initial review. Once the State Workforce Agency has completed its review and processing is complete, the application is transmitted to the Chicago National Processing Center (CNPC), for final review and determination. Certification is good for one year.

Information on application form ETA 750 and how to apply for a Temporary Labor Certification: http://www.foreignlaborcert.doleta.gov/h-2b.cfm .   

H-2A Temporary Agricultural: For temporary agricultural work status, employers must file the ETA 750 A  & ETA 790 FOOD PROCESSING CLEARANCE FORM to obtain foreign workers to work during a specific activity period. The original and one copy of the forms must be filed initially with the Chicago National Processing Center (USDOL-ETA/ National Processing Center/ Division of Foreign Labor Certification/ 844 N. Rush St., 12^th Floor/ Chicago, Il 60611) and a copy should be submitted to the State Workforce Agency (Attn: Lisa MacLeod /DLEG- Bureau of Workforce Transformation/ Victor Office Center-5^th Floor, 201 N. Washington Square, Lansing, MI 48913).  Once cleared for processing, the National Processing Center contacts the State Workforce Agency to instruct on placing a job/clearance order as well as obtaining a prevailing wage survey for the particular job in the area of intended employment. For more information, please contact the National Processing Center at (312) 886-8000 or http://www.foreignlaborcert.doleta.gov/h-2a.cfm .   

Further information on the H-2A program and how to apply. (downloadable form)   

H-1B Labor Condition Application: This process allows employers to bring into the United States, foreign workers on a temporary basis. Under this process, only those foreign workers who have a BS Degree or higher are allowed to obtain an approval. The initial review is done at the Chicago National Processing Center (CNPC) and requires that the FORM ETA 9035  be submitted in duplicate. The CNPC is responsible for distributing the forms upon request from employers and the State Workforce Agency is responsible for providing the Michigan Prevailing Wage Form (MDLEG - BWT 2300) on request. Review must be completed and returned within a 7-day period.  The approval is good for three years and can be renewed once. For more specific program information, please contact the Chicago National Processing Center at (312) 886-8000. To obtain a Michigan prevailing wage determination:  http://www.michigan.gov/mdcd/0,1607,7-122-1678_2661---,00.html .

For local information, please contact the Foreign Labor Certification Section at 313-456-3007.   

ETA has implemented nationally a New Automated Fax-In /Fax-Out System for processing Labor Condition Applications for H-1B non-immigrants.  

How to apply for a Labor Condition Application. (downloadable form)   

D-Crewmembers:    Performance of long shore work at U.S. ports by D-1 crewmembers on foreign vessels is generally prohibited with few exemptions. The U.S. Department of Labor is responsible for administering two of those exemptions. Employers in these ports are required to file an attestation with the U.S. Department of Labor, to:

Administrator, Office of Foreign Labor Certification
Employment and Training Administration
U.S. Department of Labor, Room C-4312
200 Constitution Avenue, NW
Washington, DC 20210 .  For more information: http://www.foreignlaborcert.doleta.gov/d-1.cfm   

NOTE: THE I-129 AND I-140 FORMS ARE DISTRIBUTED BY THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (USCIS) AND CAN BE OBTAINED FROM ANY USCIS LOCAL OR DISTRICT OFFICE OR FROM THEIR WEBSITE AT http://www.uscis.gov/portal/site/uscis .

Questions:  Please call  1-800-375-5283 or TY 1-800-767-1833   

FOR INFORMATION CONCERNING THE FOREIGN LABOR CERTIFICATION PROCESS, PLEASE CONTACT:   

FOR INFORMATION CONCERNING PREVAILING WAGE DETERMINATION STATUS, PLEASE CONTACT: