Permanent Labor Certification for Foreign Workers

To protect the jobs of American workers; ensure the wages and working conditions of U.S.

workers will not be adversely affected by the admission of permanent foreign workers; and assist employers by supplementing the work force with needed skills.

Agency - Department of Labor
Office - The following addresses, phone numbers, and FAX numbers should be used by employers and by State Workforce Agencies for either inquiries or the forwarding of applications materials, as appropriate.

Please note, for all application materials, inquiries, and other correspondence sent to either the Atlanta or Chicago National Processing Center, envelopes should be clearly marked according to the appropriate program type.

Atlanta Processing Center Address: Department of Labor, Employment and Training Administration, Harris Tower, 233 Peachtree Street, Suite 410 Atlanta, GA 30303, Telephone: (404) 893-0101 Fax: (404) 893-4642.

Chicago Processing Center Address: Department of Labor, Employment and Training Administration, 844 North Rush Street, 12th Floor, Chicago, IL 60611 Telephone: (312) 886-8000 Fax: (312) 886-1688.

Program Accomplishments

For fiscal year 2006, 112,345 new permanent labor certification applications were received.

Uses and Use Restrictions

Under Section 212 (a)(5)(A) of the Immigration and Nationality Act, foreign workers who seek to immigrate to the United States for employment shall be excluded from admission unless the Secretary of Labor determines and certifies to the Secretary of State and to the Secretary of Homeland Security that there are not sufficient U. S. workers available for the position, and that the employment of such foreign workers will not adversely affect the wages and working conditions of U. S. workers similarly employed.

The certified employer must hire the foreign worker as a full-time employee; there must be a bona fide job opening available to U. S. workers; job requirements must adhere to what is customarily required for the occupation in the U. S. and may not be tailored to the worker's qualifications.

In addition, the 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 at least the prevailing wage for the occupation in the area of intended employment.

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