Foreign Labor Certification
Filing applications for temporary foreign labor certification requests.
General Instructions
Read this page completely and thoroughly.
Only the ETA 750A need be filed (in duplicate) for temporary requests.
Secure a prevailing wage determination prior to filing the request. www.IN.gov/dwd select forms and downloads.
The application must be filed not more than 120 days before the time the worker is needed. Further, in order to allow sufficient time for processing by both the State and Regional offices and the conduct of the recruitment for U.S. workers, a case may not be filed less than 60 days prior to the time the labor certification is needed.
The application must be accompanied by: A statement explaining why the job opportunity is (a) temporary and (b) why the employer's need for the worker(s) meets the standard of either 1) a one time occurrence, 2) a seasonal need, 3) a peak load need or 4) an intermittent need. NOTE: The existence of a labor shortage in the local labor market is not a viable reason for the approval of a request for a temporary labor certification. NOTE II: Any filing that proposes to bring a foreign worker in as a trainer must include as part of that filing a course outline and time frame for such training.
All requests must include the Federal Employer Identification Number (FEIN) that has been assigned to the requesting employer. Without this number the request cannot be put into recruitment, which will effectively kill the request. Also include your Indiana Unemployment Insurance Tax Account Number.
The application will be reviewed for compliance with the Federal Regulations that are applicable to the request and the Indiana Department of Workforce Development (DWD) will place a job order with the Department for at least 10 days.
ADVERTISING: After submission of an application and in conjunction with the job order, the employer must advertise the job offer in a newspaper of general circulation for a period of 3 consecutive days, one of which must be a Sunday. Selection of the newspaper will be subject to the approval of the Labor Certification Unit. Advertising will be at the direction of the Labor Certification Specialist.
The advertisement must: 1) Identify the employer by name and direct applicants to report or send resumes to the local office for referral to the employer, 2) include the ID number of the job, 3) Describe the job opportunity with particularity. 4) State the rate of pay, which shall not be below the prevailing wage for the occupation. 5) Offer prevailing working conditions. 6) State the employer's minimum job requirements. 7) Offer wages, terms and conditions of employment, which are not less favorable than those offered to the foreign worker.
ALL ADVERTISEMENTS MUST INCLUDE ALL REQUIREMENTS, DUTIES, TERMS AND CONDITIONS, (INCLUDING RATE OF PAY) VERBATIM AS STATED IN ITEMS 9 THROUGH 15 OF THE ETA 750A. There must be a statement as to the temporary nature of the job.
The employer must document that unions and other recruitment sources, appropriate for the occupation and customary in the industry, were unable to refer qualified U.S. workers.
The employer must provide DWD with copies (only the actual tear sheets or a Proof of Publication from the newspaper) of the advertisement showing the name of the publication and the dates published. There must be a written statement of the recruitment effort which must: 1) identify each recruitment source by name; 2) state the name, address, telephone number, and provide resumes or applications of each U.S. worker who applied for the job; and, 3) Explain the lawful job-related reasons for not hiring each U.S. worker.
IF INFORMATION REQUESTED BY THE INDIANA DEPARTMENT OF WORKFORCE DEVELOPMENT IS NOT RECEIVED WITHIN IN A TIMELY MANNER, THE REQUEST WILL BE SENT TO THE U.S. DEPARTMENT OF LABOR “AS IS” FOR A FINAL DETERMINATION. (The State Agency is limited to 30 days to process the request and send it on for further review and action)
Mail completed forms and documentation to:
Indiana Department of Workforce Development Foreign Labor Certification
10 N. Senate Ave.
Indianapolis, IN 46204-2277
Should you have any questions, please contact Tim Lawhorn, Labor Certification Specialist at (317) 233-6681 or fax your inquiry to (317) 233-1884. Email address: tlawhorn@dwd.IN.gov
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