Alien Labor Certification Job Orders Local Operating Procedure (LOP) December 1, 2016 CareerSource Broward is an Equal Opportunity Employer/Program. Auxiliary aids are available upon request to individuals with disabilities. All voice numbers in this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

What Are Labor Certifications? "Labor Certification" is the most widely used employment-based opportunity for obtaining a green card.  Labor certifications require a U.S. employer to prove that there are no minimally qualified U.S. workers for the position. 

Employment Visa Options There are three employment job order visa options in Employ Florida Marketplace (EFM): H-2A Temporary Agricultural Visa H-2B Temporary Non-agricultural Visa Permanent Labor Certification

Temporary Labor Certification Requirements In order to receive an H-2A or H2-B temporary labor certification, the employer must establish that: There are not enough U.S. workers who are able, willing, qualified and available. The employment of H-2A/H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. Its need for the prospective workers’ services or labor is temporary.

H-2A Temporary Agricultural Visa Allows 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. 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, and requires labor levels above what is necessary for ongoing operations. Employment is of a temporary nature when the employer's need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than 1 year. The H-2A Program provide protection to workers who are not seeking permanent relocation, but rather temporary employment. The USDOL must determine that there are not sufficient able, willing, and qualified U.S. workers available to perform the temporary and seasonal agricultural employment for which nonimmigrant foreign workers are being requested.

H-2B Temporary Non-agricultural Visa Allows U.S. employers who meet specific regulatory requirements to bring foreign nonimmigrant workers to the United States to fill temporary nonagricultural jobs. In Florida, these jobs are typically, but not always, related to the service industry (e.g., hotel staff, restaurant staff, landscapers). In order to receive an H-2B temporary labor certification, the employer must establish that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.

Permanent Labor Certification Allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL's Employment and Training Administration (ETA). The USDOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Posting Alien Labor Certification Job Orders In Employ Florida Marketplace Employers are required to post their Alien Labor Certification (ALC) job orders in EFM to recruit qualified U.S. workers prior to hiring a foreign worker. It is for this reason that these job orders are assigned to the career centers as Option 2-Suppressed requiring candidate prescreening and referrals. The employer’s company name will also be suppressed.

H-2A Job Orders Are posted only by Florida the Department of Economic Opportunity (DEO) Alien Labor Certification (ALC) Office as suppressed job orders requiring staff assistance. DEO office will send the Job Order Unit (JOU) an email containing a completed copy of the employer’s ETA 790 H-2A Agricultural Clearance Order Form. JOU reviews job order to ensure that job order is placed in Option 2 – Suppressed status and assigns to appropriate career center per the CSBD Zip Code Matrix and e-mails DEO Supervisors the employer’s ETA 790 H-2A Agricultural Clearance Order Form to the DEO Supervisors.

H-2A Job Orders Via email, the DEO Supervisor sends a copy of the employer’s ETA 790 Form to each placement specialist in the center. Placement Specialists assigned to work the job order, will screen applicants for Migrant or Seasonal Farmworker status. (Please refer to the ALC Job Orders Local Operating Procedures (LOP) found on CSBD Intranet for steps to follow). If an issue arises (employer is unresponsive to referrals, refuses to hire qualified candidates, fires domestic worker, treating domestic workers differently from H-2A workers or is not abiding by the terms of the contract) staff will alert the JOU via email who will then send an update to the DEO ALC office at H- 2AJobOrders@deo.myflorida.com with a copy to the CSBD VP of CBR and documents in a case note.

H-2A Recruitment Phases Active Recruitment Passive Recruitment Begins from the moment the job order is posted in EFM and ends three (3) days prior to the start date mentioned in the job order. Begins three days before the start date (when active recruitment ends) and continues until the 50% date of the contract period. E.g. If the employment duration is for 8 months, the 50% date will be 4 months into the contract period. That is when all recruitment stops. Local staff can actively recruit and advertise as they would with a normal job order and refer any qualified candidates during this time period. Only jobseekers requesting a referral to the job order can be referred. Candidate must be screened prior to being referred to the job order. Offer candidates similar H-2A job orders within the same area with similar type of work that are being actively recruited for. This is to ensure a conflict does not arise with the employer and their labor base. By this time in the recruitment phase, the employer has already received their foreign H-2A worker. If one of our referrals are hired at that time, the H-2A worker will be displaced. During this phase, local staff cannot actively recruit and advertise the job.

H-2A Recruitment Phases

Note: ***Neither CSBD staff nor employers are to enter H-2A Job Orders.*** ***If an employer enters an H-2A job order, the JOU will place the job order on hold and notify the DEO ALC office immediately via email to H-2A.JobOrder@deo.myflorida.com.*** ***CSBD staff must not make any additional changes to the H- 2A job order. If the employer requests changes, refer them to the DEO ALC Office via email to H-2A.JobOrder@deo.myflorida.com. *** *** All contact attempts and actions taken for the job order must be documented in a detailed case note on the job order.***

H-2B Job Orders Can be posted by the employer, DEO ALC Office or CSBD JOU by using the approved H-2B Job Order Request Form. JOU reviews job order for compliance prior to entering in EFM, ensures the job order is Option 2- Suppressed, codes the job order appropriately, places job order on hold and notifies DEO ALC Office at H-2BJobOrder@deo.myflorida.com. DEO ALC Office reviews job order and notifies the Office of Foreign Labor Certification, Chicago National Processing Center (CNPC) of their Findings. Once CNPC approves the job order, DEO ALC will remove the job order from “On-Hold” and place it back to “Open and Available”. Once the job order is active, Placement Specialist assigned to the job order, will work the job order by performing candidate searches in EFM and making referrals of qualified candidates. (Please refer to the ALC Job Orders Local Operating Procedures (LOP) found on CSBD Intranet for steps to follow).

Permanent Labor Certifications Are posted by the Employer, Employer’s Agent, or Employer’s Attorney. (CSBD staff is not allowed to enter these type of job orders). JOU reviews job order for compliance, ensures job order is placed in Option 2 – prescreening, suppresses the employer’s name, assigns job order to appropriate career center per the zip code matrix and notifies DEO ALC Office that the job order has been posted via email to H-2BJobOrder@deo.myflorida.com with a copy to the CSBD VP of CBR. Placement Specialist assigned to the job order, will work the job order by performing candidate searches in EFM and making referrals of qualified candidates. (Please refer to the ALC Job Orders Local Operating Procedures (LOP) found on CSBD Intranet for steps to follow). www.careersourcebroward.com

For any questions, please feel free to contact the Job Order Unit at 954-677-5627 or JOBS@careersourcebroward.com