The U.S. Department of Labor (DOL) is the primary government agency responsible for certification of foreign workers for employment and hiring and wage issues in the United States. Foreign labor certification programs assist U.S. employers in legally hiring foreign workers on a temporary or permanent basis to fill essential jobs.
Certification may be granted when it can be demonstrated that qualified U.S. workers are unavailable or unwilling to perform the work at wages that meet or exceed the prevailing wage paid for that occupation in the area of intended employment.
Once certification is awarded by DOL, the employer generally must petition the U.S. Citizenship and Immigration Services (formerly the Immigration and Naturalization Service) for a visa on behalf of the foreign worker. Approval by DOL does not guarantee a visa issuance. The foreign worker applicant(s) must also establish that they are admissible to the United States under provisions of the Immigration and Nationality Act (INA).
The U.S. Citizenship and Immigration Services provides a number of fact sheets and guides that explain immigration status, visas, and eligibility for employment at: U.S. Citizenship and Immigration Services
The DOL Employment and Training Administration (ETA) provides labor certifications to employers. The Wage and Hour Division of the Employment Standards Administration (ESA) at the department is responsible for investigating and determining an employer's failure to comply with the H-1B, H-1B1, and H-2A program requirements and with employment laws, principally the Fair Labor Standards Act.
