There are several government agencies involved with granting permission for foreign workers to work in the United States. First, employers must seek certification through the Department of Labor. Below you will find a link to documents and forms. Once the application is certified/approved, the employer must petition the Bureau of Citizenship and Immigration Services (formerly the Immigration and Naturalization Service (INS)) for a visa. Approval by the Department of Labor does not guarantee a visa issuance. Applicants must also establish that they are admissible to the U.S. under provisions of the Immigration and Nationality Act (INA).

Foreign Labor Certification

Foreign labor certification programs are generally designed to assure that the admission of foreign workers to work in the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages and working conditions of American workers.

Documents and Forms

Proper forms to use include the Application for H-1B Nonimmigrants (form ETA-9035), the Application for Alien Employment Certification (form ETA-750A), the Application for Alien Employment Certification (form ETA-750B), and the Application for Alien Employment Certification for Agricultural services (form ETA-790). Please note that these forms are in PDF format and require the Adobe Acrobat Reader.

Regulations

20 CFR 655 - Temporary Employment of Aliens in the United States
20 CFR 656 - Labor Certification Process for Permanent Employment of Aliens In the United States