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The Foreign Labor Certification process allows employers to bring foreign workers, who are temporarily authorized by the U.S. Citizenship and Immigration Services (USCIS), into the United States on a temporary basis when there are not enough able and qualified U.S. workers available for the position and when the employment of these foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The RI Department of Labor and Training (DLT) acts as an agent for the U.S. Department of Labor (DOL).
Prior to bringing foreign workers into the U.S., an employer must file a labor certification application. In connection with filing the labor certification application, the employer must offer and pay wages that are no less than the prevailing wage for the occupation in the area of intended employment, and initiate a work search to recruit qualified U.S. workers to the job opening.
The U.S. DOL has centralized the processing of temporary program applications at the Chicago National Processing Center (NPC). Employers filing temporary program applications must submit their applications directly to the Chicago NPC.
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The United States Department of Labor (DOL),
Employment & Training Administration (ETA) Website
has important information regarding the Foreign Labor Certification process.
For Prevailing Wage information, H-2A and H-2B program
rules and regulations, filing instructions, FAQs or to download forms,
please visit the Office of Foreign Labor Certification (OFLC) website at:
www.foreignlaborcert.doleta.gov
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REQUEST FOR PREVAILING WAGE DETERMINATION
To request a Prevailing Wage Determination (PWD) for a non-agricultural immigration program (PERM, H-1B, H-1B1, H-2B and E-3), employers must complete ETA Form 9141 and submit it to the National Prevailing Wage and Helpdesk Center (NPWHC).
Requests for PWDs should be filed either electronically using the iCERT system or mailed to the NPWHC. To access the iCERT Portal, go to: http://icert.doleta.gov. To mail a request, an employer must send a completed ETA Form 9141 to the NPWHC.
For NPWHC mailing address and more information, please visit the OFLC website at: www.foreignlaborcert.doleta.gov.
ETA Form 9141 | Instructions |
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H-2A LABOR CERTIFICATION PROGRAM
Click here to view the H-2A Employer Handbook
The H-2A Labor Certification Program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.
Recently amended regulations for the H-2A program have significantly changed the way in which this application is processed. Employers are no longer required to send H-2A applications to the Rhode Island Department of Labor and Training. H-2A applications will only be processed by the U.S. DOL Chicago National Processing Center.
For further information, filing instructions and program guidance, please visit the OFLC website at: www.foreignlaborcert.doleta.gov.
ETA Form 790 | Instructions |
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H-2B LABOR CERTIFICATION PROGRAM
The H-2B Labor Certification Program permits employers to hire foreign workers to come temporarily to the U.S. and perform temporary non-agricultural services or labor on a one-time, seasonal, peakload or intermittent basis.
Recently amended regulations for the H-2B program have significantly changed the way in which this application is processed. Employers are no longer required to send H-2B applications to the Rhode Island Department of Labor and Training. H-2B applications will only be processed by the U.S. DOL Chicago National Processing Center.
For filing instructions and program guidance, please visit the OFLC website at: www.foreignlaborcert.doleta.gov.
ETA Form 9142 | Appendix B.1 | Instructions
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POST A JOB
Employers are required to post a job order with the State Workforce Agency (RI DLT) in connection with a future application for temporary program workers.
Registered employers can place a job order online using the automated self-service “EmployRI” system or fax the online Employer Job Order Form.
Post a Job - “EmployRI” |
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