1. Obtain a labor certification from the U.S. Department of Labor (USDOL)
    Requires conducting a labor market test with the State Workforce Agency where work will be performed
  2. Obtain an approved petition from the U.S. Citizenship and Immigration Services (USCIS) for a specific number of workers under H-2A or H-2B visa classification.
  3. After receiving USCIS petition approval, workers will apply with one of the U.S. Department of State visa-issuing consulates abroad for an H-2A or H-2B visa.
  4. After receiving the visa from a U.S. consulate, workers arrive at a port of entry where U.S. Customs and Border Protection officers verify eligibility for admission and length of stay.
  1. Through a delegation from the Secretary of Labor, OFLC administers employment-based immigration programs
    1. “Employment-based” means that an employer and not the foreign worker is filing an application
  2. OFLC certifies to DHS-USCIS and DOS that:
    1. There are not sufficient U.S. workers who are able, willing, qualified, and available for the requested positions
    2. Employment of the foreign worker(s) will not adversely affect the wages and working conditions of similarly employed U.S. workers
  3. OFLC receives and processes employer-filed applications through National Processing Centers
  4. OFLC programs are divided, by visa classification, into two major types:
    Chicago Processing Center
    H-1B, H-1B1, E-3 Skilled Occupations Visas
    H-2A Temporary Agricultural Visa
    H-2B Temporary Non-Agricultural Visa
    For Government Training Use Only (September 2016)

    Atlanta Processing Center
    Permanent (PERM) Program
    “Green Card

Visa Program Features & Workload Trends

    H-2A Program Features
  • 13,552 applications processed during FY 2020 *
  • 97% certification rate
  • Peak season (Dec-Apr; July-Oct)
  • Pre/Post-filing labor market test
    Select Economic Sectors
  • Sheep and Cattle Ranching
  • Christmas Trees/Logging
  • Wheat Harvesting
  • Tobacco, Fruits and Vegetables
  • Migratory Beekeeping

Visa Program Features & Workload Trends

    H-2B Program Features
  • 9,798 applications processed during FY 2021 *
  • 87% certification rate
  • Peak season (Dec-Feb; July-Aug)
  • Post-filing labor market test
    Select Economic Sectors
  • Landscaping/Reforestation
  • Resort Hotels/Restaurants
  • Construction
  • Amusement/Recreation
  • Horse Racing/Ski Resorts
  • Seafood (shrimp, crabs, oysters)
    Current Regulatory Authority
  • Departments of Labor and Homeland Security jointly published two regulatory actions with an immediate effective date of April 29, 2015
  • Interim Final Rule (IFR): Temporary Non-Agricultural Employment of H–2B Aliens in the United States
  • Final Rule: Wage Methodology for the Temporary Non-Agricultural Employment in the H–2B Program
  • For more information, visit the OFLC website at:  www.foreignlaborcert.doleta.gov/2015_H-2B_IFR.cfm
  • Do you want to become an

    Applications Developer?

    Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency.

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    Assemble, install, alter, and repair pipelines or pipe systems that carry water, steam, air, or other liquids or gases. May install heating and cooling equipment and mechanical control systems.

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    Raise, place, and unite iron or steel girders, columns, and other structural members to form completed structures or structural frameworks. May erect metal storage tanks and assemble prefabricated metal buildings.

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    Perform preliminary work with the material and tools of the trade; residential and commercial rough wiring and finish work including the installation of various kinds of wires, cables, and conduits per the National Electrical Code; industrial lighting and service installation; motors controls and installation including emergency generators, relays, and timing devices.

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