EMPLOYMENT AND TRAINING
ADMINISTRATION, DEPARTMENT OF LABOR
Immigration and Nationality Act of 1952, as amended,
Sections 101(a)(15)(H), 212(n), 214(c) and 214(i); Public Law 82-414, 66 Stat.
163, 8 U.S.C. 1101 et seq.; Immigration Act of 1990, Public Law 101-649, 104
Stat. 4978, 8 U.S.C. 1182(n) and 1184; Public Law 102-232, 105 Stat. 1733, 8
U.S.C. 1182 note.
To provide greater protection for U.S. and foreign
workers without interfering with an employer's right to obtain temporary
aliens to work in specialty occupations.
TYPES OF ASSISTANCE:
Provision of Specialized Services. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
Under Section 101(a)(15)(H)(i)(b) of the Act,
nonimmigrant aliens cannot be admitted to work in a specialty occupation or as
a fashion model unless the Secretary of Labor determines and certifies to the
Attorney General the intending employer filed with and had approved by the
Secretary an application under section 212(n)(1). The labor condition
application requires the employer to attest to certain elements regarding
working conditions and wages of alien and U.S. workers.
Applicant Eligibility: Any
employer can file a labor condition application with the regional office of
the Employment and Training Administration. Approved applications are returned
to the employer to be filed in support of the petition to be filed with the
Immigration and Naturalization Service which makes the final decision whether
to grant or deny the admission of foreign workers.
Employers and aliens to be employed in specialty occupations or as fashion
Aliens must document to the Immigration and Naturalization Service that they
possess the qualifications to perform services in a specialty occupation as
described and defined in section 214(i) of the Act, or as a fashion model of
distinguished merit and ability.
None. This program is excluded from coverage under E.O. 12372.
Employers contact the appropriate office of the Employment and Training
Administration and aliens contact a U.S. Consul abroad of the Immigration and
Naturalization Service in the United States.
Award Procedure: None.
Range of Approval/Disapproval Time:
From 1 to 7 days.
Appeals: No procedure for
appealing ETA's determination to accept or reject a Labor Condition
Application. Complaints regarding misrepresentation in the attestation or
failure of the employer to carry out the terms of the attestation may be filed
with the Wage and Hour Division, Employment Standards Administration,
Department of Labor.
Renewals: Treated as filing
of new labor condition applications.
Formula and Matching Requirements:
Length and Time Phasing of Assistance:
POST ASSISTANCE REQUIREMENTS:
Reports: The Employment and
Training Administration compiles and maintains on a current basis for public
examination in Washington, DC, a list of the labor condition applications.
Such list is by employer, showing the occupational classification(s), wage
rate(s), number of aliens sought, period(s) of intended employment, and date(s)
of need for each employer's application.
Audits: Employer has to
make a filed labor condition application and necessary supporting
documentation available for public examination at the employer's principal
place of business in the U.S., or at the place of employment within one
working day after the date on which the labor condition application is filed
with the Employment and Training Administration. Complaints concerning
misrepresentation in the attestation or failure of the employer to carry out
the terms of the attestation may be filed with the Wage and Hour Division,
Employment Standards Administration, Department of Labor. The Administrator,
Wage and Hour Division, performs all the Secretary's investigative and
enforcement functions under 8 U.S.C. 1182(n) and subparts I and K of 29 CFR
Records: Information not
Obligations: (Salaries and
Expenses) FY 01 $1,508,000; FY 02 est $5,000,000; and FY 03 est $6,245,000.
Funds used are 32 percent of the total received from a $1,000 fee charged
employers for each H-1B attestation processed by INS.
Range and Average of Financial Assistance:
In fiscal year 2001, 299,628,358,794 attestations were
received and processed.
REGULATIONS, GUIDELINES, AND LITERATURE:
Further information concerning the program may be found
at 20 CFR 655 and 29 CFR 504.
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.
Director, United States Employment Service, Employment and Training
Administration, Department of Labor, 200 Constitution Avenue, NW., Washington,
DC 20210. Telephone: (202) 693- 3708. Contact: Timothy Sullivan.