Foreign Labor Certification
The foreign labor certification program permits US employers to hire foreign workers on a temporary or permanent basis to fill jobs essential to the US economy, including agricultural (H-2A) and non-agricultural (H-2B). Certification may be obtained in cases where it can be demonstrated that there are insufficient qualified US workers available and willing to perform the work at wages that meet or exceed the prevailing wage paid for that occupation in the area of intended employment. Foreign labor certification programs are designed to assure that the admission of foreign workers into the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages and working conditions of US workers.
The procedures for filing all foreign labor certification applications are found on the following websites:
The role of the New Jersey Department of Labor and Workforce Development is to assist New Jersey employers by processing job orders for two temporary foreign labor programs, H-2A and H-2B. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. The H-2B nonimmigrant program permits employers to hire foreign workers to come temporarily to the U.S. and perform temporary nonagricultural services or labor on a one-time, seasonal, peak load or intermittent basis. Job orders for these programs are processed by New Jersey staff and the subsequent documentation provided enables employers to submit their labor certification applications directly to the US Department of Labor (USDOL). Upon approval of the application by the USDOL, appropriate visas are provided to the employer by the U.S. Citizenship and Immigration Services.
Questions on the labor certification application process should be directed to the Chicago National Processing Center at 312-886-8000.
Questions regarding the New Jersey State H-2B Job Order process can be addressed to the Foreign Labor Certification Unit at 609-292-5879.
Proof of filing requests must be submitted in writing and faxed or emailed to the Foreign Labor Certification Unit.
New Jersey Department of Labor and Workforce Development
Foreign Labor Certification Unit
P.O. Box 053
Trenton, New Jersey 08625-0053