Attestations by Employers Using Non-Immigrant Aliens in Specialty Occupations

 

To provide greater protection for U.S. and foreign workers without interfering with an employer's right to obtain temporary aliens to work in specialty occupations.

Deleted 05/04/2006 (Program elements of 17.202, 17.203, and 17.252 regrouped into 17.272 and 17.273 to more clearly and accurately reflect the program purpose) 17.252 EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR Provision of Specialized Services. In fiscal year 2001, 299,628,358,794 attestations were received and processed. Immigration and Nationality Act of 1952, as amended, Sections 101(a)(15)(H), 212(n), 214(c) and 214(i); Public Law 82-414, 66 Stat. 163, 8 U.S.C. 1101 et seq.; Immigration Act of 1990, Public Law 101-649, 104 Stat. 4978, 8 U.S.C. 1182(n) and 1184; Public Law 102-232, 105 Stat. 1733, 8 U.S.C. 1182 note. Any employer can file a labor condition application with the regional office of the Employment and Training Administration. Approved applications are returned to the employer to be filed in support of the petition to be filed with the Immigration and Naturalization Service which makes the final decision whether to grant or deny the admission of foreign workers. Employers and aliens to be employed in specialty occupations or as fashion models. Aliens must document to the Immigration and Naturalization Service that they possess the qualifications to perform services in a specialty occupation as described and defined in section 214(i) of the Act, or as a fashion model of distinguished merit and ability. None. This program is excluded from coverage under E.O. 12372. Employers contact the appropriate office of the Employment and Training Administration and aliens contact a U.S. Consul abroad of the Immigration and Naturalization Service in the United States. None. None. From 1 to 7 days. No procedure for appealing ETA's determination to accept or reject a Labor Condition Application. Complaints regarding misrepresentation in the attestation or failure of the employer to carry out the terms of the attestation may be filed with the Wage and Hour Division, Employment Standards Administration, Department of Labor. Treated as filing of new labor condition applications. Not applicable. Under Section 101(a)(15)(H)(i)(b) of the Act, nonimmigrant aliens cannot be admitted to work in a specialty occupation or as a fashion model unless the Secretary of Labor determines and certifies to the Attorney General the intending employer filed with and had approved by the Secretary an application under section 212(n)(1). The labor condition application requires the employer to attest to certain elements regarding working conditions and wages of alien and U.S. workers. The Employment and Training Administration compiles and maintains on a current basis for public examination in Washington, DC, a list of the labor condition applications. Such list is by employer, showing the occupational classification(s), wage rate(s), number of aliens sought, period(s) of intended employment, and date(s) of need for each employer's application. Employer has to make a filed labor condition application and necessary supporting documentation available for public examination at the employer's principal place of business in the U.S., or at the place of employment within one working day after the date on which the labor condition application is filed with the Employment and Training Administration. Complaints concerning misrepresentation in the attestation or failure of the employer to carry out the terms of the attestation may be filed with the Wage and Hour Division, Employment Standards Administration, Department of Labor. The Administrator, Wage and Hour Division, performs all the Secretary's investigative and enforcement functions under 8 U.S.C. 1182(n) and subparts I and K of 29 CFR Part 504. Information not yet available. Not applicable. Not applicable. Contact the local office of the State Employment Service and Employment and Training Administration regional offices listed in Appendix IV of the Catalog. Director, United States Employment Service, Employment and Training Administration, Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 693- 3708. Contact: Timothy Sullivan. http://www.doleta.gov 16-0179-0-1-504. (Salaries and Expenses) FY 02 $1,508,000; FY 03 est $5,000,000; and FY 04 est $6,245,000. Funds used are 32 percent of the total received from a $1,000 fee charged employers for each H-1B attestation processed by INS. Not applicable. Further information concerning the program may be found at 20 CFR 655 and 29 CFR 504. Not applicable.