Under Section 212 (a) (5) (A) of the Act, aliens who
seek to immigrate to the United States for employment shall be excluded from
admission unless the Secretary of Labor determines and certifies to the
Secretary of State and to the Attorney General that there are not sufficient
U.S. workers available for the employment and that the employment of such
aliens will not adversely affect the wages and working conditions of U.S.
workers similarly employed; and render advisory opinions to the Attorney
General on applications for alien employment for temporary nonagricultural
work under Section 101(a)(15)(H)(II) of the Act.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility: (1) Any
employer who is unable to find qualified workers to meet his or her needs is
eligible to file an application for alien employment certification; and (2) an
employer who requires alien whose category of employment is included in the
Department of Labor, Schedule A list of pre-certified occupations contained in
Part 656.10, Title 20, Code of Federal Regulations is eligible to file an
application directly with the appropriate Immigration Service District Office.
Beneficiary Eligibility:
Employers and aliens.
Credentials/Documentation:
Aliens seeking labor certification must document their education and
experience qualifications to the satisfaction of the Immigration Service. For
all except schedule A occupations, documentation of the alien's qualifications
must be filed with the Department of Labor.
APPLICATION AND AWARD PROCESS:
Pre-application Coordination:
None. This program is excluded from coverage under E.O. 12372.
Application Procedure:
Employers contact the appropriate local office of the State employment
security system, and aliens contact a U.S. Consul abroad or the Immigration
and Naturalization Service in the United States.
Award Procedure: None.
Deadlines: None.
Range of Approval/Disapproval Time:
From 6 months to 2 years.
Appeals: Review of denials
for permanent alien workers may be made to the Department of Labor's Office of
Administrative Law Judges. Denials of temporary nonagricultural workers are
appealed to the Immigration and Naturalization Service.
Renewals: Not applicable.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements:
Not applicable.
Length and Time Phasing of Assistance:
Not applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: Not applicable.
Audits: Not applicable.
Records: Not applicable.
FINANCIAL INFORMATION:
Account Identification:
16-0179-0-1-504; 16-0172-0-1-504.
Obligations: (Salaries and
Expenses) FY 01 $36,300,000; FY 02 est $41,300,000; and FY 03 est $20,000,000.
(Note: This program includes funds for programs 17.202, Certification of
Foreign Workers for Temporary Agricultural Employment, and 17.252,
Attestations by Employers Using Non-Immigrant Aliens in Specialty
Occupations.)
Range and Average of Financial Assistance:
Not applicable.
PROGRAM ACCOMPLISHMENTS:
For fiscal year 2001, 61,882 new permanent applications
and 2,698 temporary non-agricultural applications were received.
REGULATIONS, GUIDELINES, AND LITERATURE:
References in the Code of Federal Regulations: For
permanent employment-Title 20, CFR Part 656; for temporary employment-Title
20, CFR Part 621.
INFORMATION CONTACTS:
Regional or Local Office:
Contact the local office of the State employment service and Employment and
Training Administration regional offices listed in Appendix IV of the Catalog.
Headquarters Office:
Director, United States Employment Service, Employment and Training
Administration, Department of Labor, 200 Constitution Avenue, NW., Washington,
DC 20210. Telephone: (202) 693- 3502. Contact: John Beverly.
Web Site Address:
http://www.dol.gov
EXAMPLES OF FUNDED PROJECTS:
Not applicable.
CRITERIA FOR SELECTING PROPOSALS:
Not applicable.
