Foreign Labor Certification (FLC) Program Overview

The MassHire Department of Career Services (MDCS) is the designated State Workforce Agency (SWA), federally funded to support the Foreign Labor Certification Programs. The Foreign Labor Certification (FLC) Unit is responsible for assisting employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. on a temporary or seasonal basis.

Administration of the programs is mandated by the Immigration and Nationality Act (INA) and delineated by regulations in each program published in the Code of Federal Regulations (CFRs). The regulations provide guidance on the processing of applications, periods of validity, and employer responsibilities, etc. The Office of Foreign Labor Certification also provides further guidance through various directives and advisories such as Training and Employment Guidance Letters, General Administration Letters, and others. The U.S. Department of Labor's Employment and Training Administration (ETA), Office of Foreign Labor Certification, Chicago National Processing Center (CNPC) processes labor certification applications for employers seeking to bring foreign workers into the United States and grants certifications in cases where employers can demonstrate that there are not sufficient U.S. workers available, willing and qualified to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

The MassHire Department of Career Services' Foreign Labor Certification Unit  works with the Chicago National Processing Center to assist with the processing of temporary labor certifications to Massachusetts employers in two program areas:

• H-2A Temporary Agriculture Program
• H-2B Temporary Non-Agriculture Program