AWI PROGRAMS

Alien Labor Certification

What is the process for filing an H-1B Labor Certification  Application for Aliens in Specialty Occupations and as Fashion Models?

PROGRAM DESCRIPTION: This program allows an employer, who has been unable to hire qualified workers eligible to work in the United States, to file a labor condition application to employ a foreign worker directly with the U. S. Department of Labor, Employment and Training Administration's Regional Office located in Atlanta, Georgia.

REGULATIONS: 20 CFR, Part 655, Subpart H

SPECIALTY OCCUPATION: The Immigration and Nationality Act (INA) defines a "specialty occupation" as one which requires the theoretical and practical application of a body of highly specialized knowledge, and which requires the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent).

VALIDITY PERIOD: The H1-B Labor Condition Application shall be valid for the period of employment indicated on the Form ETA 9035; however, in no event shall the validity period of a Labor Condition Application exceed six years.

REQUIRED WAGES: The Immigration and Nationality Act (INA) requires that the wages paid to H-1B nonimmigrants be at least the higher of the actual wage rate paid to all other workers with similar experiences and qualifications for the specific employment in question, or the prevailing wage rate for the occupational classification in the area of employment. The amended INA does not preclude the employer from paying H-1B nonimmigrants more than the higher of the actual wage or the prevailing wage. The amended INA places the responsibility on the employer to establish the required wage rate that it must pay an H-1B nonimmigrant based on the best information available at the time the application is filed with Department of Labor.

WHO TO CONTACT:

U.S. Department of Labor
Employment and Training Administration
Harris Tower
233 Peachtree Street, NE, Suite 410
Atlanta, GA 30303

Phone Number: (404) 893-0101

Fax (404) 893-4642