Hiring Foreign Workers
Overview
The Foreign Alien Labor Certification Program allows employers to hire foreign workers as permanent or temporary employees. The employer may apply for a labor certification from the U.S. Department of Labor when it can be demonstrated that there are insufficient qualified U.S. workers available and willing to perform the work at wages that meet or exceed the prevailing wage paid for that occupation in the area of intended employment.
Regulations
This program is governed by the Immigration and Nationality Act (INA: 8 U.S.C. 1101 et seq.) and by 20 CFR Parts 655 and 656, administered by the U.S. Department of Labor, Employment and Training Administration.
Permanent Employment
The Department of Labor will process a labor certification application for professional and nonprofessional occupations under the PERM program. A professional occupation means an occupation for which a bachelor's degree or higher degree is a usual education requirement. A nonprofessional occupation means any occupation for which a bachelor's degree or higher degree is not a usual requirement for the occupation.
Temporary Employment
The Department of Labor will process a labor certification application for agricultural workers under the H-2A program and a labor certification application for non-agricultural workers under the H-2B program. The USDOL also processes labor condition applications for Specialty (professional) Workers under the H-1B program.
Required Wages
The wages paid to a foreign worker must meet the prevailing wage for work applied under the PERM, H-1B and H-2B programs. The wages paid to a foreign agricultural worker under the H-2A program must meet the Adverse Effect Wage Rate.
How to File
Permanent Employment Process
All applications for permanent foreign labor certification must be filed directly with the U.S. Department of Labor. For the basic labor certification process, an employer must file a completed Department of Labor Application for Permanent Employment Certification (ETA Form 9089).
Consult the Department of Labor site for filing instructions and the application form.
The employer must obtain a prevailing wage determination from the Minnesota state workforce agency and place a 30-day job order in MinnesotaWorks.net prior to filing the labor certification application.
Contact DEED’s Foreign Labor Unit
Reach our Foreign Labor Unit Coordinator directly at 651.259.7508 or email deed.foreignlabor@state.mn.us.