Connecticut Department Of Labor - Foreign Labor Certification (FLC)



Foreign Labor Certification (FLC)
The Connecticut Department of Labor’s Foreign Labor Certification Unit collaborates with the U.S. Department of Labor (U.S. DOL) during the certification process for the H-2A temporary agricultural worker program and the H-2B temporary non-agricultural jobs visa applications. Certifications may be obtained to bring foreign workers into the U.S. when it is demonstrated that there are insufficient qualified U.S. workers available and willing to perform the work.

H-2A Program – Temporary Foreign Agricultural Workers

The federal H-2A temporary agricultural worker program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Employment is of a seasonal nature where it is tied to a certain time of year by an event or pattern, such as a short annual growing cycle or a specific aspect of a longer cycle, and requires labor levels in excess of those necessary for ongoing, year-round operations. Employment is of a temporary nature where the employer's need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than 10 months.

How to Start the Process of Hiring H-2A employees

H-2A Temporary Agricultural Program | U.S. Department of Labor (dol.gov)

Electronically submit the documents below to the Foreign Labor Certification (OFLC) Center 75 to 60 calendar days before the employer's first date of need through the U.S. DOL's FLAG System, available at https://flag.dol.gov.

  • ETA Form 9142
  • A copy of the accepted ETA Form 790/790A 
  • and all other required documentation  

Forms and general information are available at: Forms | U.S. Department of Labor (dol.gov)
Fact sheet link on filing H-2A Job Orders:  Office of Foreign Labor Certification (dol.gov)

For H-2B Program – Temporary Non-Agricultural Foreign Labor

The federal H-2B non-immigrant program permits employers to hire foreign workers to perform non-agricultural labor on a full-time, temporary basis when insufficient qualified U.S. workers are available and willing to perform the work. For additional information on the H-2B program, go to USDOL's H-2B Certification Page. The Connecticut Department of Labor's (CTDOL’s) role is to assist employers by processing H-2B job orders. Prior to filing the job order with the Connecticut Department of Labor’s Foreign Labor Certification Unit (FLCU), you must obtain a Prevailing Wage Determination from the US Department of Labor's Chicago National Prevailing Wage Center using ETA Form 9141. H-2B job orders should be filed with the Chicago National Processing Center 90 to 75 days before the employer's date of need.

Required Job Posting for an H-2B opening in Connecticut

Required Job Posting for an H-2B opening in Connecticut 

Procedures on how to post a job CT DOL’s recruitment system (CTHires). Required forms.

The U.S. Department of Labor issues the Labor Certification

Prevailing Wage Requests

To request a prevailing wage determination for a Nonagricultural Immigration Program (PERM, H-1B, H-1B1, H-2B, and E-3), employers must complete the Form ETA-9141 (Application for Prevailing Wage Determination) and submit it to the National Prevailing Wage Center (NPWC). Electronic filing is strongly recommended. 

Forms and general information are available at the federal site: Prevailing Wages.

If you have questions regarding a Prevailing Wage Request, email the National Prevailing Wage Center.

The Connecticut Foreign Labor Certification Unit has a role in the processing of H-2A and H-2B temporary jobs. The FLCU responsibilities include: 

  • Preparing and reviewing H-2A and H-2B job orders for posting in the CTHires Job Bank.
  • Coordinating the referral of U.S. workers to H-2A employers.
  • Conducting agricultural surveys of prevailing wages and practices. 
  • Conducting pre-occupancy inspections of migrant housing.

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