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Catalog of Federal Domestic Assistance

Program Descriptions

17.252:  Attestations by Employers Using Non-Immigrant Aliens in Specialty Occupations

Popular Name: 

Objectives:  To provide greater protection for U.S. and foreign workers without interfering with an employer's right to obtain temporary aliens to work in specialty occupations.

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

17.252 ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:  Any employer can file a labor condition application with the regional office of the Employment and Training Administration. Approved applications are returned to the employer to be filed in support of the petition to be filed with the Immigration and Naturalization Service which makes the final decision whether to grant or deny the admission of foreign workers.

Beneficiary Eligibility:  Employers and aliens to be employed in specialty occupations or as fashion models.

Credentials/Documentation:  Aliens must document to the Immigration and Naturalization Service that they possess the qualifications to perform services in a specialty occupation as described and defined in section 214(i) of the Act, or as a fashion model of distinguished merit and ability.

17.252 APPLICATION AND AWARD PROCESS:

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

Application Procedure:  Employers contact the appropriate office of the Employment and Training Administration and aliens contact a U.S. Consul abroad of the Immigration and Naturalization Service in the United States.

Award Procedure:  None.

Deadlines:  None.

Range of Approval/Disapproval Time:  From 1 to 7 days.

Appeals:  No procedure for appealing ETA's determination to accept or reject a Labor Condition Application. Complaints regarding misrepresentation in the attestation or failure of the employer to carry out the terms of the attestation may be filed with the Wage and Hour Division, Employment Standards Administration, Department of Labor.

Renewals:  Treated as filing of new labor condition applications.

Criteria for Selecting Proposals:  Not applicable.

Examples of Funded Projects:  Not applicable.

Range and Average of Financial Assistance:  Not applicable.

17.252 RELATED PROGRAMS:

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

17.252 PROGRAM ACCOMPLISHMENTS:

17.252 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 $1,508,000; FY 00 est $1,508,000; and FY 01 est $1,508,000. Funds used are 3 percent of the total received from a $500 fee charged employers for each H-1B attestation processed by INS.

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

Authorization:  Immigration and Nationality Act of 1952, as amended, Sections 101(a)(15)(H), 212(n), 214(c) and 214(i); Public Law 82-414, 66 Stat. 163, 8 U.S.C. 1101 et seq.; Immigration Act of 1990, Public Law 101-649, 104 Stat. 4978, 8 U.S.C. 1182(n) and 1184; Public Law 102-232, 105 Stat. 1733, 8 U.S.C. 1182 note.

Regulations, Guidelines, and Literature:  Further information concerning the program may be found at 20 CFR 655 and 29 CFR 504.

17.252 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: Timothy Sullivan.

(See Appendix IV for more contact info.)

17.252 ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:  Not applicable.

Length and Time Phasing of Assistance:  Not applicable.

Uses and Use Restrictions:  Under Section 101(a)(15)(H)(i)(b) of the Act, nonimmigrant aliens cannot be admitted to work in a specialty occupation or as a fashion model unless the Secretary of Labor determines and certifies to the Attorney General the intending employer filed with and had approved by the Secretary an application under section 212(n)(1). The labor condition application requires the employer to attest to certain elements regarding working conditions and wages of alien and U.S. workers.

17.252 POST ASSISTANCE REQUIREMENTS:

Reports:  The Employment and Training Administration compiles and maintains on a current basis for public examination in Washington, DC, a list of the labor condition applications. Such list is by employer, showing the occupational classification(s), wage rate(s), number of aliens sought, period(s) of intended employment, and date(s) of need for each employer's application.

Audits:  Employer has to make a filed labor condition application and necessary supporting documentation available for public examination at the employer's principal place of business in the U.S., or at the place of employment within one working day after the date on which the labor condition application is filed with the Employment and Training Administration. Complaints concerning misrepresentation in the attestation or failure of the employer to carry out the terms of the attestation may be filed with the Wage and Hour Division, Employment Standards Administration, Department of Labor. The Administrator, Wage and Hour Division, performs all the Secretary's investigative and enforcement functions under 8 U.S.C. 1182(n) and subparts I and K of 29 CFR Part 504.

Records:  Information not yet available.