Foreign Labor Certification Program

Employers requesting labor certification for temporary or permanent employment of foreign workers are required to offer prevailing wages and working conditions for that particular occupation, and to demonstrate that no similarly employed U.S. worker will be adversely affected.

Applications for Permanent Employment Labor Certifications must be filed directly with the U. S. Department of Labor, not with the Virginia Employment Commission. The form used for filing for a permanent labor certification (ETA Form 9089) and instructions can be found at http://www.foreignlaborcert.doleta.gov/form.cfm

The Virginia Employment Commission (VEC), under a grant from the U.S. Department of Labor (DOL), provides Prevailing Wage Determinations to employers for Permanent, H-1B and H-2B Labor Certification programs. The Prevailing Wage Request Form is available under the 'employer forms' link at: http://www.vec.virginia.gov/vecportal/employer/vec_forms.cfm#

Temporary Labor Certification (H-2B) Nonagricultural

The H-2B nonimmigrant program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be (1) one-time, (2) seasonal, (3) peak load or (4) intermittent. There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status during each fiscal year (October 1 through September 30).

Qualifying Criteria

• The job and the employer’s need must be one time, seasonal, peak load, or intermittent.
• The job must be full time and less than one year.
• There must be no qualified and willing U.S. workers available for the job.
• The employer must pay at least the prevailing wage for the occupation.

H-2B Process

The employer files a completed ETA 750 A form in duplicate with the FLC Unit. Multiple openings of the same job and rate of pay may be on the same application. The employer should file for H-2B at least 60 days, but not more than 120 days, before the worker is needed. There must be an explanation as to why the employer has a need for temporary workers. This explanation must be submitted on company letterhead and signed by the employer.

The application is then reviewed for the qualifying criteria and the employer will be instructed to publish newspaper advertisements in conjunction with a 10-day job order. Once the recruitment process is completed and documented, the application is sent to the U.S. Department of Labor for a final determination.For more information, visit the Department of Labor’s website at http://www.foreignlaborcert.doleta.gov/ ,or contact the Virginia FLC Unit in Richmond.

Virginia Employment Commission
Foreign Labor Certification Unit   Room 308
PO Box 1358
Richmond, VA 23218-1358

(804) 786-0200 Phone, or (804) 786-2340 FAX

Important Notice: The Virginia Department of Motor Vehicles (DMV) has established an informational web page that lists the requirements for obtaining a valid, first-time Virginia Drivers License, Learners Permit, or Identification Card. Questions and answers about “Legal Presence in Virginia”, issues and actions, and press release information may be found at: http://www.dmvnow.com/webdoc/citizen/legal_pres.asp