Getting Started with FLC

Overview of the Immigration Process

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
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.
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.
After receiving the visa from a DOS consulate, workers arrive at a port of entry where U.S. Customs and Border Protection officers verify eligibility for admission and length of stay.

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
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
OFLC receives and processes employer-filed applications through National Processing Centers
OFLC programs are divided, by visa classification, into two major types:
Non-Immigrant
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)

Immigrant
Atlanta Processing Center
Permanent (PERM) Program
“Green Card

H-2A Program Features

Select Economic Sectors

Current Regulatory Authority

20 CFR 655, Subpart B (effective March 15, 2010) https://www.foreignlaborcert.doleta.gov/h-2a.cfm
Department published a Final Rule establishing special procedures for the herding or production of livestock on the range
Implementation website for all factsheets, small business handbook, FAQs, and technical assistance materials at: https://www.foreignlaborcert.doleta.gov/h-2a_herders.cfm

H-2B Program Features

Select Economic Sectors

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