17.272: Permanent Labor Certification for Foreign Workers
Overview
Program Number
17.272
Status
Active
Last Modified
Aug. 16, 2022
Date Posted
Aug. 16, 2022
Objective
To ensure that the admission of foreign workers into the United States does not adversely affect the wages, working conditions, and employment opportunities of U.S. workers. To assist U.S. employers seeking to hire foreign workers when no able, willing, and qualified U.S. workers are available.
Type of Assistance
Z - Salaries and Expenses
Applicant Eligibility
Under Section 212 (a)(5)(A) of the Immigration and Nationality Act, a foreign national who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Secretary of Homeland Security that- (I) there are not sufficient workers who are able, willing, qualified and available at the time of application for a visa and admission to the United States and at the place where the foreign worker is to perform such skilled or unskilled labor, and (II) the employment of the foreign worker will not adversely affect the wages and working conditions of workers in the United States similarly employed. The U.S. employer must attest to permanently hiring the foreign worker as a full-time employee; there must be a bona fide job opening available to U.S. workers; and job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. In addition, the U.S. employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity. The employer must pay a wage that equals or exceeds the prevailing wage for the occupation in the area of intended employment.
Beneficiary Eligibility
Any U.S. employer that is unable to find qualified U.S. workers to meet its needs and seeks to hire a foreign worker to fill a given job opportunity on a permanent basis is eligible to file an application for permanent labor certification with the Department of Labor. An employer who seeks to employ a foreign worker under the Department of Labor’s Schedule A list of pre-certified occupations contained in Part 656, Title 20, Code of Federal Regulations is eligible to file a petition for a foreign worker directly with the Department of Homeland Security’s U.S. Citizenship and Immigration Services.
Related Programs
Additional Information
Grant Awards
Permanent Labor Certification for Foreign Workers direct grants
Grant Opportunities