Employers requesting labor certification for the temporary or permanent employment of foreign workers are required to offer prevailing wages and working conditions for that particular occupation and to demonstrate that no similarly employed U.S. worker will be adversely affected.
Applications for Permanent Employment Labor Certifications must be filed directly with the U. S. Department of Labor, not with the Virginia Employment Commission. The form used for filing for a permanent labor certification (ETA Form 9089) and instructions can be found at: http://www·foreignlaborcert·doleta·gov/form·cfm
The Virginia Employment Commission, under a grant from the U.S. Department of Labor (DOL), will continue to provide Prevailing Wage Determinations to employers for Permanent, H-1B and H-2B Labor Certification programs. The Prevailing Wage Request Form can be at the bottom of this page.
Temporary Labor Certification (H-2B) Nonagricultural
The H-2B nonimmigrant program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be (1) one-time, (2) seasonal, (3) peak load or (4) intermittent. There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status during each fiscal year (October 1 through September 30).
Qualifying Criteria
- The job and the employer’s need must be one time, seasonal, peak load, or intermittent.
- The job must be full time and less than one year.
- There must be no qualified and willing U.S. workers available for the job.
- The employer must pay at least the prevailing wage for the occupation.
The employer files a completed ETA 750 A form in duplicate to the ALC Unit. Multiple openings of the same job and rate of pay may be on the same application. The employer should file for H-2B at least 60 days, but not more than 120 days, before the worker is needed. There must be an explanation on why the employer has a temporary need and this must be on a company letterhead and signed by the employer.
The application is reviewed for the qualifying criteria and the employer is instructed to publish newspaper advertisements in conjunction with a 10-day job order. Once the recruitment process is completed and documented, the application is sent to the U.S. Department of Labor for a final determination.
For more information, visit the Department of Labor’s website at http://www·foreignlaborcert·doleta·gov/ or contact the Virginia ALC Unit in Richmond.
Virginia Employment Commission
Alien Labor Certification Unit Room 308
P.O. Box 1358
Richmond, VA 23218-1358
(804) 786-0200
(804) 786-2340 FAX
Prevailing Wage Request Form: http://www·vec·virginia·gov/vecportal/employer/pdf/pwreqh2b·pdf
Important Notice: The Virginia Department of Motor Vehicles (DMV) has established an informational web page that lists the requirements for obtaining a valid, first-time Virginia Drivers License, Learners Permit, or Identification Card.
Questions and answers about “Legal Presence in Virginia”, issues and actions, and press release information may be found at: http://www·dmvnow·com/webdoc/citizen/legal_pres·asp
Veterans Employment Services
U.S. Military Veterans, receive preference in all Employment Service programs. Disabled veterans, Campaign Badge
veterans, and Transitioning Service Members are first priority and all resources of the VEC are available to assist veterans
in job referral, job training and placement. Local Veterans Employment Representatives (LVER) and Disabled Veterans
Outreach Program (DVOP) are available in most VEC Workforce Centers. They work with employers and veteran job
seekers to match qualified veterans to the employer’s job openings. To obtain veterans services, or for more information,
contact the nearest VEC Workforce Center. Addresses, phone numbers, and other information are available online at
http://www.vec.virginia.gov/vecportal/field/field_offices.cfm. Additional information concerning transition services and
veteran’s rights, benefits, and status, are available from the U.S. Department of Labor, Veterans’ Employment and
Training Service at http://umet-vets.dol.gov/vets/ or the Department of Veterans Affairs at http://www.va.gov/.
The VEC also provides veteran assistance at the following Virginia Military bases. Call for days and hours of operation.
Fort Eustis
601 Washington Boulevard
Building 601, ACS
Fort Eustis, 23604
(757) 878-0906
(757) 878-0908 FAX
Fort Lee
1403 Mahone Avenue
Building 9028
Fort Lee, 23801
(804) 862-6106
(804) 734-6603 FAX
Naval Base Norfolk
7928 14th Street
Suite 154
Norfolk, 23505
(757) 440-4024
(757) 440-4026 FAX
Trade Adjustment Assistance (Trade Act of 1974, as Amended):
The Trade Adjustment Assistance (TAA) program is a program established under the Trade Act of 1974, as amended. The TAA Program provides aid to workers who lose their jobs or whose hours of work and wages are reduced as a result of increased imports.
The goal is to help such laid-off workers return to suitable employment as quickly as possible. TAA offers a variety of benefits and reemployment services to assist unemployed workers prepare for and obtain suitable employment. Workers may be eligible for training, job search and relocation allowances, income support and other reemployment services.
Company officials may file a petition for certification as an affected employer or a petition may be filed by a group of three or more workers, by their union or other authorized representative. The U.S. Department of Labor in Washington, D.C., makes the final determination on certifications. Workers on whose behalf a petition is filed must be, or have been, employed regularly at the firm or subdivision identified in the petition. Workers employment must be, or have been, related to the production of articles (products) described in the petition.
The Virginia Employment Commission (VEC) administers this program through its Workforce Center network. For additional information or assistance, please contact the VEC Trade Act Unit in Richmond at (804) 786-8825 or the nearest VEC Workforce Center. Additional information and petition forms in English and Spanish are available from the U.S. Department of Labor website at http://www·doleta·gov/tradeact/.
Economic Information Services
Labor Market and Demographic Information -The Virginia Employment Commission’s Economic Information Services Division is prepared to assist employers in developing reports on the labor market and demographic data. The following publications highlight Labor Market Information (LMI) use and clarify those specific LMI resources that meet your needs. For more information visit our Website at http://velma.virtuallmi.com/.
Wage Data - by occupation/industry
- Occupation Wage Data—biannual and hourly entry level, mean, median, and other wage statistics by occupation produced for Virginia statewide, Metropolitan Statistical Areas (MSAs), and Workforce Investment Areas (WIAs).
- QCEW-Quarterly Census of Employment and Wages—quarterly employment and wage data by industry, for all counties and cities, MSAs, WIAs, Planning District Commissions (PDCs), and statewide.
Population and Labor Force Data - population, civilian labor force, employment, unemployment, and unemployment rates.
- Local Area Unemployment Statistics (LAUS)—monthly and annualized estimates for all counties, cities, MSAs, Labor Market Areas (LMAs), PDCs, WIAs, and the state.
- Virginia Population Projections annual data for 2010-2030—by age cohorts, gender, ethnicity, for counties, cities, MSAs, PDCs, WIAs, and the state.
- Census data for affirmative action planning—counties, cities, MSAs, and the state.
Economic Indicators - study of current and projected economic conditions.
- Virginia Economic Indicators—quarterly publication
- Economic Assumptions, U.S. and Virginia—annual publication
- Business Resource Directory—a guide to setting up and doing business in Virginia, including sources of assistance.
- Industry and Occupation Projections—(2002-2012)—potential labor demand.
The Economic Information Services’ Labor Market and Demographic Analysis Unit is ready to assist employers with specific LMI/demographic technical assistance and resources for expansion, relocation, and/or establishment of a business in Virginia. See contact information below:
Virginia Employment Commission
LMI & Demographic Analysis Unit Room 213
P.O. Box 1358
Richmond, VA 23218-1358
(804) 786-8223 or 786-8624
(804) 371-0412 fax
Website: http://velma.virtuallmi.com/assistance.asp
Worker Adjustment and Retraining Notification (WARN)
A federal law, the Worker Adjustment and Retraining Notification Act, requires employers to give a 60 day advance notice of closings or major layoffs. Oversight of this program, as well as the Rapid Response and Dislocated Worker Unit, are under the direction of the Chancellor of the Virginia Community College System. All questions regarding the rules and regulations and compliance of this program should be directed to:
Workforce Development Services
Virginia Community College System
1001 East Broad Street Suite 222
Richmond Virginia 23219
804-371-2359