The Foreign Labor Certification Program is federally funded through a contract with the U.S. Department of Labor. Prior to bringing foreign workers into the U.S., an employer must file a labor certification application.
In connection with filing the labor certification application, the employer must offer and pay wages that are no less than the prevailing wage for the occupation in the area of intended employment, and to initiate a work search to recruit qualified U.S. workers to the job opening. The employer can reject U.S. applicants only for job-related reasons. The U.S. Department of Labor determines certification or denial.
Employers must provide housing at no cost to H-2A foreign and domestic workers who are not reasonably able to return to their residence within the same day, and to their families if applicable. If the employer chooses to provide rental accommodations for such workers, the employer is required to pay all housing-related charges directly to the housing’s management.
In Oregon, employers that use the H-2A program must use the following statement in their H-2A applications: "Housing is provided at no cost to those who live outside the local commuting area. Fair housing law generally applies to farm labor housing."
Permanent (PERM) applications are filed only with the U.S. Department of Labor.
Temporary H-2A (Agriculture) Seasonal worker applications are filed first with the WorkSource Oregon Employment Department, and then with the U.S. Department of Labor. The Employer must file an ETA 790 and Attachments with the State Labor Certification Coordinator in order to initiate the required recruitment of U.S. workers. After recruitment is accepted at the state level, the employer then files the ETA 790 and Attachments and the ETA 9142 with the U.S. Department of Labor.
Temporary H-2B (Non-Agriculture) Seasonal worker applications are initiated by contacting the WorkSource Oregon Employment Department, Foreign Labor Certification Coordinator to place a job listing prior to filing the H-2B application with the Department of Labor. H-2B recruitments are not self entered job listings in Oregon.
Foreign Labor Certification
875 Union St. NE, Room 201
Salem, OR 97311