• Occupations found on Schedule A:
  1. Physical Therapists
  2. Registered Nurses

  These occupations have been pre-certified by the U.S. Department of Labor (USDOL) as shortage occupations in the U.S. The form ETA-750, Parts A and B, must be completed in duplicate and filed with INS form I-140, requesting that the application be processed under Schedule A. For Michigan employment, these forms must be mailed directly to the INS Regional Service Center in Lincoln, Nebraska.
  

• Foreign workers with exceptional ability in the sciences or arts
  
• Occupations found on Schedule B, which require low or no skills. The USDOL has determined that there are sufficient U.S. workers who are able, willing, qualified and available for these occupations.
• Certain Foreign workers on the basis of a family relationshiop, diversity immigrants, refugees, and those granted asylum, even though many will undertake employment in the U.S.
  
• Foreign workers with extraordinary ability in education, business and athletics
  
• Outstanding professors and researchers
  
• Executives and managers with multinational corporations who meet specific requirements
  
• Religious clergy
  
• Foreign workers investors in new commercial enterprises

What is an Foreign Employment Certification?

The Immigration and Nationality Act (INA) requires some foreign workers seeking to immigrate because they have been offered employment in the U.S. to first receive a labor certification from the U.S. Department of Labor (USDOL). The Secretary of Labor must make two findings as part of the labor certification:

1. At the time the application is filed, qualified U.S. workers cannot be found in the area of intended employment who are available, willing, and able to fill the position offered to the foreign worker;
2. Employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

How is the Michigan Department of Labor & Economic Growth involved?

MDLEG is an agent for the USDOL and is charged with three primary responsibilities:

1. To determine the prevailing wage for the job offered.
2. To determine the availability of U.S. workers who are able, willing, and qualified to perform the job offered to the foreign worker.
3. To assist the employer in preparing the foreign workers employment certification application to meet federal regulations and guidelines.

What kind of job qualifies for foreign labor certification?

• Work by an employee for an employer other than oneself (no self-employment).
• Work performed in an employer-employee relationship. The employer must hire, fire, direct and make payment for services provided.
• A bona-fide job opening for which the employer is ready and willing to hire an available, qualified U.S. worker.
• Located in the U.S., performed in Michigan and be full-time, permanent, year-round work.
• A job which existed before the foreign workers was hired, or the employer must document that there was a major change in its business that created the job after the alien was hired.
• A job with duties consistent with those defined for the job in the Dictionary of Occupational Titles (DOT) and be duties normally required for the job in the United States.
• A job with hiring requirements conforming to the Department of Labor's data for usual experience and education standards common to the occupation and the industry; cannot be tailored to the qualifications of the foreign workers ; and must not include requirements for a language other than English (without written justification).

What is the filing procedure?

• The labor certification application is filed by the employer on behalf of the foreign worker. The certification process is an employer process. The foreign worker has no active role in the application process. A labor certification concerns only the job offered, not the foreign worker personally
• The application is filed on the USDOL form ETA-750. For permanent certification Parts A and B (requires Adobe Acrobat Reader) must be filed. For temporary certification, only Part A is filed.
• The application is filed with the Foreign Labor Certification (FLC) Section in the Michigan Department of Labor & Economic Growth's Bureau of Workforce Transformation.
• The FLC Section:
  • reviews the job description and assigns an appropriate DOT code based on the job duties.
  • evaluates the employer's minimum educational, training and experience requirements as compared to USDOL guidelines.
  • determines the prevailing wage rate for the assigned DOT.
  • reviews the foreign worker's credentials to determine if the alien is qualified for the job.
  • evaluates the employer's minimum educational and experience requirements for the job.
  • notifies the employer of any deficiencies in the application.
  • oversees the employer's recruitment of U.S. workers.
  • evaluates the employer's recruitment report and notifies the employer of any deficiencies.
  • transmits entire application to USDOL Regional Office for determination.
• The employer:
  • advertises the job opportunity
  • interviews referred applicants and evaluates their qualifications
  • files a recruitment results report providing evidence of recruitment and detailing lawful job-related reasons for rejecting any applicants
• The Regional Certifying Officer determines whether to grant a labor certification or to issue a Notice of Findings (intent to deny) based on whether the employer has met the requirements of the federal regulations governing the Foreign Labor Certification process.

Is there a faster process?

Maybe. The Reduction in Recruitment (RIR) process may be if the employer has conducted prior recruitment within six months immediately proceeding the filing of the labor certification application. The employer must provide sufficient evidence of recruitment efforts normal to the industry and occupation and according to guidelines of the USDOL Regional Office. An RIR request will be given expedited processing if the application meets the following conditions:

• The job duties/responsibilities listed on the application must not exceed the normal description of the job found in the Dictionary of Occupational Titles and the Occupational Outlook Handbook
• The application must list only the minimum education, training, and experience requirements in accord with the standard requirements found in the Dictionary of Occupational Titles, which includes information on specififc vocational preparation and the Occupational Outlook Handbook which lists the usual entry-level and advanced qualifications for a position.
• The employer must submit evidence showing a pattern of recruitment conducted through a variety of appropriate sources normal to the occupation and industry within the six months immediately preceding the application filing date.
• The recruitment must be a fair and adequate test of the labor market to show that there is no qualified, available U.S. worker to fill the job opportunity.

Occupations that are listed in Schedule B (low or unskilled jobs) will not be processed under the RIR process.