Action Brief - Alien Labor Certification Programs

U.S. Department of Labor (DOL)

The U.S. Department of Labor is responsible for administering the following employment-based, certification programs giving employers access to import foreign workers to meet employers' needs:

With few exceptions, these six programs are jointly administered by the U.S. Department of Labor and the State Employment Security Agencies (SESAs). Correspondingly, the Labor Department also administers attestation and labor condition applications (LCA's) relating to the admission and/or work authorization of nonimmigrant workers.

H-1B Specialty (Professional) Workers Temporary Labor Certification Program

The October 2000 American Competitiveness in the Twenty-First Century Act expands employer access to hire foreign temporary specialty personnel under the H-1B visa program. Specialty occupations include those occupations, which require a high degree of specialized knowledge. Generally candidates will be college graduates with post-graduation experience of the occupation; however, appropriate equivalent training and job experience may be substituted. Specialty occupations include most computer science jobs, therapists, accountants and auditors, electrical and electronic engineers, and also include occupations such as artist, entertainer or fashion model having national or international acclaim. (See Appendix B1 for complete List of H-1B Visa-Identified Occupations.)