AWI PROGRAMS
Alien Labor Certification
Welcome to Alien Labor Certification’s Online Resource Center!
The United States Department of Labor (USDOL) recently re-engineered the Foreign Labor Certification Program to simplify and streamline the application process.
Two important changes have been mandated by the new regulations that will affect the way employers or their representatives apply for permanent alien employment certifications. Employers and their agents/attorneys must:
- Send applications for Alien Labor Certification directly to USDOL
- Write a 30-day job order and post it at the One-Stop Career Center nearest the area of intended employment using the Employ Florida Marketplace (EFM). Please note that some of the One Stop Centers have several locations within an area but only one center is allowed to list employer job orders. The Atlanta Processing Center has authorized this procedure.
1. Application Filing Location:
Effective March 28, 2005, employers will no longer file their permanent applications (Perms) for Alien Employment Certification at the state level. Employers, or their representatives, have two options (e-file or mail) for filing their permanent applications. For complete information on application requirements visit the United States Department of Labor website http://www.workforcesecurity.doleta.gov/foreign/.
a. Direct mail filing with the Atlanta National Processing Center.
United States Department of Labor, Employment and Training Administration
Atlanta Foreign Labor Certification National Processing Center
233 Peachtree Street, Suite 410
Atlanta, GA 30303
Voice Telephone: 404-893-0101
Facsimile: 404-893-4642
b. E-filing with the Atlanta National Processing Center.
The e-mail address for electronic filing is:
Effective March 28, 2005, permanent applications mailed to our office will be returned to the sender without any action. The sender will be responsible for properly filing the permanent application with the Atlanta National Processing Center. Our office will not provide the sender a notice of receipt and will not process the application.
2. Prevailing Wage Determination:
In their Alien Labor Certification, employers, attorneys or agents must include the prevailing wage for the occupation in the area of intended employment. The AWI Foreign Labor Certification Office will continue to provide the current wage information.
CLICK HERE TO FIND THE Prevailing Wage Request Form FOR JOBS IN FLORIDA
http://www.floridajobs.org/WPS_ALC/prev_wages.html
3. Employer Recruitment Efforts:
Employers will be required to establish up-front recruitment efforts prior to filing their Labor Certification applications. Recruitment may begin within six months (180 days) – but must be completed no later than 30 days – prior to filing the application. At a minimum, nonprofessional recruitment must include:
a. A Job Order that is run for 30 days at the One-Stop Center nearest the area of intended employment. The start and end date of the Job Order, entered on the application, shall serve as documentation of this step.
b. A minimum of two Sunday newspaper advertisements in the newspaper of general circulation in the area of intended employment. (See “5,” below)
c. A file, containing the two tear sheets of the newspaper advertisements and a copy of the 30-day Job Order and referral record, must be established and maintained by the employer, attorney or agent. The National Processing Center may audit the recruitment effort after the application is submitted.
d. Professional requires the above minimum steps plus three additional recruitment steps which must take place within 30 days of the filing of the application and no more than 180 days prior to filing the application. These steps may include (Job Fair, Employer’s Web Site, Job Search Web Site other than employers, On-Campus Recruiting, Trade or Professional Organizations, Private Employment firms, employee referral program with incentives, local and ethnic newspapers, and radio and television.
NOTE: The Application for Permanent Employment Certification cannot be filed electronically or by mail until 30 days after the One Stop and Career Service Job Order Closes.
4. Employer Entry of Job Orders:
Employers, attorneys and agents will have the flexibility to enter the 30-day Job Order in Employ Florida Marketplace (EFM) or have the One-Stop Center staff enter the 30-day Job Order.
a. One-Stop Center Staff will assist with completing the Employer Registration, entering the 30-day Job Order, and may offer other important services to employers to facilitate finding qualified domestic workers. Employers should emphasize that the Job Order is a “30-day Alien Labor Certification Order.”
CLICK HERE TO FIND THE ONE STOP CENTER NEAREST THE JOB LOCATION
http://www.servicelocator.org/nearest_onestop.asp
b. Online Self-application: Employers, attorneys and agents may complete an initial online Employer Registration using EFM. This registration allows the employer, attorney or agent to create the mandated 30-day Job Order. Also, you may elevate the order to America’s Job Bank, as an additional recruitment tool, by marking “yes” on page 4 of the EFM screen.
CLICK HERE TO GO TO EMPLOY FLORIDA MARKETPLACE:
You can find your local One-Stop Center by clicking at the end of the left column.
CLICK HERE FOR ADDITIONAL AWI EMPLOYER SERVICES:
Explore this link to access complete information on AWI Employer Services.
c. Obtain the Employer Identification Number needed to file the Application for Permanent Employment Certification (ETA 9089).
http://www.irs.gov/businesses/small/article/o,,id=97860,oo.html
5. Advertisement Guidelines:
The two Sunday newspaper advertisements must be in the publication of general circulation in the area of intended employment. It must be the publication most appropriate to the occupation, which reaches the workers most likely to apply for the job opportunity, and most likely to bring responses from able, willing, qualified and available United States workers.
Professional occupations may require that the advertisement be placed in a recognized professional journal.
Minimum Recruitment Requirements
For
Professional and Non-professional Occupations
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Recruitment Period: Within 6 months (180 days), but at least 30 days, prior to filing the application. |
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Two print advertisements on different Sundays in the newspaper of general circulation or the appropriate professional journal. |
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30-day Job Order in the One-Stop Center serving the area of the job opening. |
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A file with the two advertisement tear sheets and a copy of the 30-day Job Order with the referral record. |
Please choose from one of the menu options below:
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DISCLAIMER NOTICE
If someone is working in the capacity of agent/representative for an employer an ID number is assigned to them for each case file with our office. These ID numbers are in no way an approval or licensing number granted by this office or the USDOL for activity in this capacity. These ID numbers are for tracking purposes only.