About the Foreign Labor Certification Program
What the Program Does
This 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
Applications filed for permanent employees must be filed directly with the U.S. Department of Labor. For employees who will work in Minnesota , applications are processed by the Chicago National Processing Center, Division of Foreign Labor Certification, 844 N. Rush Street, 12th Floor, Chicago, IL 60611.
Applications filed for temporary H-1B employees must be filed directly with the Department of Labor.
Applications filed for temporary H-2A agricultural workers must be filed directly with the Department of Labor. For employees who will work in Minnesota, applications are processed by the Chicago National Processing Center, Division of Foreign Labor Certification, 844 N. Rush Street, 12th Floor, Chicago, IL 60611. A copy of the application must also be sent to:
Minnesota Department of Employment and Economic Development
Foreign Labor Certification Unit
332 Minnesota St., Suite E200
St. Paul, MN 55101-1351
Applications filed for temporary H-2B non-agricultural workers are first submitted to the state workforce agency (SWA) in the state where the work will be performed. For employees who will work in Minnesota, applications must be sent to:
Minnesota Department of Employment and Economic Development
Foreign Labor Certification Unit
332 Minnesota St., Suite E200
St. Paul , MN 55101-1351
Email questions or comments to deed.foreignlabor@state.mn.us.