Foreign Labor Certification

Foreign Labor Certification (FLC)

Businesses struggling to fill seasonal and temporary positions can file applications to hire guest workers from foreign countries under the H-2A or H-2B visa programs, particularly for businesses in search of agricultural workers. The difference between these two types of visas is basic: H-2A is for seasonal agricultural occupations, and H-2B covers all other types of temporary occupations. The applications for both types of visas must go through a process managed by the U.S. Department of Labor (USDOL) and be granted a certification before the U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) can approve the visas. Businesses whose worksites are in New Mexico must complete an ETA 790/790A or 9142B utilizing the FLAG system at https://flag.dol.gov.

What is FLC?

USDOL designed the FLC program to enable U.S. businesses to hire qualified workers from foreign countries on a seasonal and temporary basis. Some employers face difficulty in finding interested and able temporary employees in their local area, and FLC brings in foreign workers that businesses need to keep production at an optimal level. It is important to note, however, that while the FLC program is aimed at helping these businesses, USDOL has put in place conditions that aim to protect the U.S. workforce. Before participating businesses are granted certification and can apply for visas, they must prove that qualified and interested U.S. workers are not available for the occupation requested. To accomplish this, USDOL mandates that businesses maintain an online job advertisement for at least half the duration of the job with the New Mexico Department of Workforce Solutions Online System that serves areas that could have a labor supply and accept referrals from the State Workforce Agency (SWA). The SWA is the state coordinator for the federal FLC program. New Mexico’s SWA is the New Mexico Department of Workforce Solutions (NMDWS).

Employers may hire foreign workers as seasonal and 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 USDOL Employment and Training Administration (ETA) website at https://flag.dol.gov with several links to the Foreign Labor Certification forms and instructions.

Please note: The application process has changed. Please contact the NMDWS Foreign Labor Coordinator for more information at nm.flc@dws.nm.gov