Foreign Labor Certification Programs

Program Description

The U.S. Department of Labor - 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 Florida Department of Commerce (FloridaCommerce) works with the CNPC to assist with the processing of temporary labor certifications to Florida employers in two program areas:

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

H-2A Temporary Agricultural Program

This visa program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the United States to perform agricultural labor or services of a temporary or seasonal nature.

FloridaCommerce accepts and processes employer ETA 790 Agricultural and Food Processing Clearance Order applications and posts all H-2A job orders in the state’s online labor exchange system, Employ Florida. FloridaCommerce also conducts agricultural surveys of prevailing wages and practices and pre-occupancy inspections of employer-provided housing.

H-2B Temporary Non-Agricultural Program

This visa program permits employers to hire non-immigrant foreign workers to perform temporary non-agricultural services or labor on a one-time, seasonal, peak load, or intermittent basis. The U.S. Department of Labor - Employment and Training Administration, Office of Foreign Labor Certification, Chicago National Processing Center (CNPC) provides labor certifications to employers when it can be demonstrated that there are insufficient qualified U.S. workers available and willing to perform the work at wages that meet or exceed the prevailing wage rate for the occupation in the area of intended employment.

The Florida Department of Commerce (FloridaCommerce) works in conjunction with the CNPC to assist with the review of job orders submitted by Florida employers who participate in the H-2B Temporary Non-Agricultural Program.

An employer seeking H-2B certification will be required to post a job order in the state’s online labor exchange system, Employ Florida, in the area of intended employment. Assistance with posting a job order is available at the local career center or from the FloridaCommerce Foreign Labor Certification unit at H-2BJobOrder@commerce.fl.gov.

Note: FloridaCommerce does not receive or process applications for the H-2B program. Employers must submit H-2B program applications to the U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, CNPC at:

U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
536 South Clark Street, 9th floor
Chicago, Illinois 60605-1509

For more information, please visit the Office of Foreign Labor Certification website or contact the CNPC by email at TLC.Chicago@dol.gov or by phone at (312) 886-8000.

Permanent Labor Certification Program

An employer seeking a permanent labor certification from the U.S. Department of Labor Employment and Training Administration, Office of Foreign Labor Certification may be required to post a job order for a period of 30 days in the state’s labor exchange system, Employ Florida, in the area of intended employment.

For more information, please visit the Office of Foreign Labor Certification website.