Employers may hire foreign workers as permanent or temporary full-time employees in circumstances where there are insufficient U.S. workers who are qualified, available, and willing to accept the job at the prevailing wage in the area of intended employment. Refer to the U.S. Department of Labor, Employment and Training Administration website at http://www.foreignlaborcert.doleta.gov/ with several links to the Foreign Labor Certification forms and instructions.
The Immigration and Nationality Act and U.S. Department of Labor (DOL) Regulations Parts 20 CFR 655 and 656 may be accessed from the following web sites: http://www.foreignlaborcert.doleta.gov/reg.cfm.
The wages paid to a foreign worker must meet the prevailing wage for the occupational classification in the area of intended employment. The New Mexico Prevailing Wage Request Form is available at http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9141.pdf.
Where to File
Effective June 1, 2008, all applications for permanent foreign labor certification must be filed directly with the U.S. Department of Labor. For employment in New Mexico, the application may be filed electronically or by mail to the following processing center:
Applications for temporary agricultural work must be filed with both the U.S. Department of Labor and the New Mexico Department of Workforce Solutions in accordance with the procedure described at http://www.foreignlaborcert.doleta.gov/perm.cfm. Applications for temporary nonagricultural work in New Mexico must be filed with the New Mexico Department of Workforce Solutions in accordance with the procedure described at http://www.foreignlaborcert.doleta.gov/h-2b.cfm. Also, Temp applications for H-2a can be found at http://www.foreignlaborcert.doleta.gov/h-2a.cfm Contact information is as follows: