The Foreign Labor Certification (FLC) Program is designed for employers to hire foreign workers to work in the U.S on a visa without adversely affecting the job opportunities, wages, and working conditions of U.S. workers. The Arizona Department of Economic Security’s FLC Unit acts as an agent for the U.S. Department of Labor and is responsible for processing job orders for H-2A and H-2B programs and ensuring housing inspections are conducted, as necessary. For any other Foreign Labor Certification job orders that are not H-2A or H-2B, please refer to the DOL Web site.
Eligibility and Requirements
Employers who anticipate a shortage of domestic workers can contact the Foreign Labor Certification Unit to bring non-immigrant foreign workers to the U.S. on a temporary or seasonal basis to harvest agricultural or non-agricultural products.
How to apply and what to expect after application?
An employer must follow the steps as outlined below. Please note that this information is only a brief overview of the process. For more detailed information, please refer to H-2B Certification on the DOL Web site.
Step 1: Employer obtains a Prevailing Wage Determination (PWD) from the National Prevailing Wage Center (NPWC) using the Application for Prevailing Wage Determination (ETA Form 9141)
Step 2: Place a job order with the Arizona DES FLC Unit between 75-90 days before the date of need for workers by going toArizona Job Connection (AJC). The employer or agent will need to create an account, if applicable, and then create a job order. Once the job order has been created by the employer or agent, a copy of it needs to be sent to:
Arizona Foreign Labor Certification (FLC)
FLC Coordinator for the State of Arizona
4000 N. Central Ave Suite 1550
Phoenix, AZ 85012
Phone: (602) 542-2484
Fax: (602) 256-1366
Email: [email protected] (Note: email is recommended and the preferable method of contact)
Step 2B: Concurrently with placing the job order with the AZ FLC Unit, employer must also publish two print advertisements (one of which must be placed on a Sunday). Please refer to outlined requirements on the H-2 Certification homepage.
Step 3: Employer submits an application and provides the following documentation to the Chicago National Processing Center (NPC):
a. A completed ETA Form 9142B, Application for Temporary Employment Certification;
b. ETA Form 9142 - Appendix B;
c. A completed recruitment report;
d. Any applicable supporting documentation (documentation substantiating temporary need is recommended).
Filing Note: Employers may now submit their H-2B application either electronically OR via mail directly to the Chicago National Processing Center (NPC). The employer must choose only one method of submission. Duplicate applications, where the employer or authorized representative files electronically and submits that same application via U.S. mail, will be rejected.
Employers may submit their H-2B application electronically via the Department's iCERT Portal System. It is important to read the H-2B iCert Quick Start Guide and H-2B iCERT User Manual before completing and submitting an H-2B application. The online help provides step-by-step instructions for completing and submitting the H-2B application electronically. For more resources and information, please visit the iCERT implementation Web page
The employer may mail the application package to the Chicago NPC at the following address:
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
11 West Quincy Court
Chicago, IL 60604- 2105
Attn: H-2B Program Unit