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Catalog of Federal Domestic Assistance

Program Descriptions

17.203:  Labor Certification for Alien Workers

Objectives:  To protect jobs of American workers and assure that the wages and working conditions of U.S. workers will not be adversely affected by the admission of nonagricultural workers. To assist employers by supplementing the work force with needed skills.

PROGRAM AND AWARD	FINANCIAL AND INFORMATION CONTACTS
ELIGIBILITY REQUIREMENTS	FINANCIAL AND ADMINISTRATIVE INFO.
APPLICATION AND AWARD PROCESS	INFORMATION CONTACTS
RELATED PROGRAMS	ASSISTANCE CONSIDERATIONS
PROGRAM ACCOMPLISHMENTS	POST ASSISTANCE REQUIREMENTS

17.203 ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:  (1) Any employer who is unable to find qualified workers to meet his or her needs is eligible to file an application for alien employment certification; and (2) an employer who requires alien whose category of employment is included in the Department of Labor, Schedule A list of precertified occupations contained in Part 656.10, Title 20, Code of Federal Regulations is eligible to file an application directly with the appropriate Immigration Service District Office.

Beneficiary Eligibility:  Employers and aliens.

Credentials/Documentation:  Aliens seeking labor certification must document their education and experience qualifications to the satisfaction of the Immigration Service. For all except schedule A occupations, documentation of the alien's qualifications must be filed with the Department of Labor.

17.203 APPLICATION AND AWARD PROCESS:

Preapplication Coordination:  None. This program is excluded from coverage under E.O. 12372.

Application Procedure:  Employers contact the appropriate local office of the State employment security system, and aliens contact a U.S. Consul abroad or the Immigration and Naturalization Service in the United States.

Award Procedure:  None.

Deadlines:  None.

Range of Approval/Disapproval Time:  From 6 months to 2 years.

Appeals:  Review of denials for permanent alien workers may be made to the Department of Labor's Office of Administrative Law Judges. Denials of temporary nonagricultural workers are appealed to the Immigration and Naturalization Service.

Renewals:  Not applicable.

Criteria for Selecting Proposals:  Not applicable.

Examples of Funded Projects:  Not applicable.

Range and Average of Financial Assistance:  Not applicable.

17.203 RELATED PROGRAMS:

• 17.202 Certification of Foreign Workers for Temporary Agricultural;
• 17.207 Employment Service.

17.203 PROGRAM ACCOMPLISHMENTS:

17.203 FINANCIAL AND ADMINISTRATIVE INFO:

Federal Agency:  EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR

Type of Assistance:  Provision of Specialized Services.

Obligations:  (Salaries and Expenses) FY 99 $36,300,000; FY 00 est $41,300,000; and FY 01 est $20,000,000. (Note: This program includes funds for programs 17.202, Certification of Foreign Workers for Temporary Agricultural Employment, and 17.252, Attestations by Employers Using Non-Immigrant Aliens in Specialty Occupations.)

Budget Account Number:  16-0179-0-1-504; 16-0172-0-1-504.

Authorization:  Immigration and Nationality Act of 1952, as amended, Sections 101 (a) (15) H (II), 214 (c) and 212 (a) (5) (A), Public Law 82-414, 66 Stat. 163, 8 U.S.C. 1101 et seq.

Regulations, Guidelines, and Literature:  References in the Code of Federal Regulations: For permanent employment-Title 20, CFR Part 656; for temporary employment-Title 20, CFR Part 621.

17.203 INFO CONTACTS:

Regional or Local Office:  Contact the local office of the State employment service and Employment and Training Administration regional offices listed in Appendix IV of the Catalog.

Headquarters Office:  Director, United States Employment Service, Employment and Training Administration, Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210. Phone: (202) 219-5257. Contact: John Beverly.

(See Appendix IV for more contact info.)

17.203 ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:  Not applicable.

Length and Time Phasing of Assistance:  Not applicable.

Uses and Use Restrictions:  Under Section 212 (a) (5) (A) of the Act, aliens 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 Attorney General that there are not sufficient U.S. workers available for the employment and that the employment of such aliens will not adversely affect the wages and working conditions of U.S. workers similarly employed; and render advisory opinions to the Attorney General on applications for alien employment for temporary nonagricultural work under Section 101(a)(15)(H)(II) of the Act.

17.203 POST ASSISTANCE REQUIREMENTS:

Reports:  Not applicable.

Audits:  Not applicable.

Records:  Not applicable.